Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty New Shipper Review, 30910-30912 [2011-13266]
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30910
Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices
Disclosure
The Department will disclose to
parties the calculations performed in
connection with these final results
within five days of the date of public
announcement. See 19 CFR 351.224(b).
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Act.
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise
produced and exported by SRF and
entered, or withdrawn from warehouse,
for consumption on or after July 1, 2009,
through December 31, 2009, without
regard to antidumping duties.
The Department intends to also
instruct CBP that the cash deposit rate
for SRF is zero percent ad valorem of
the entered value on shipments of the
subject merchandise produced and
exported by SRF, and entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
new shipper review.
Further, effective upon publication of
the final results of this new shipper
review, we intend to instruct CBP that
importers may no longer post a bond or
other security in lieu of a cash deposit
on imports of PET Film from India,
manufactured and exported by SRF.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice. The cash deposit rates for
all companies not covered by this
review are not changed by the results of
this new shipper review.
Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Elfi
Blum or Toni Page, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
1398.
SUPPLEMENTARY INFORMATION:
Appendix I
Background
List of Issues Addressed In the Issues and
Decision Memorandum
Comment 1: Whether the Department Should
Adjust the Export Price in the
Antidumping Calculations by the
Calculated Countervailing Duty Rate
Comment 2: Whether SRF’s Single Sale and
its U.S. Customer Are Indicative of a Bona
Fide Sale
Comment 3: Whether the Price and Quantity
of SRF’s New Shipper Sale Are Indicative
of a Bona Fide Sale
Comment 4: Whether SRF’s PET Film Entry
Was Re-sold for a Profit
Since the issuance of Polyethylene
Terephthalate Film, Sheet, and Strip
From India: Preliminary Results of
Countervailing Duty New Shipper
Review, 75 FR 81574 (December 28,
2010) (Preliminary Results), the
following events have occurred. SRF
filed its response to the Department’s
second supplemental questionnaire on
December 27, 2010. On January 21,
2011, the Department issued a
memorandum confirming the briefing
schedule, which was in accordance with
19 CFR 351.309(c) and the Preliminary
Results, 75 FR at 81583. See
Memorandum To Interested Parties
From Elfi Blum, International Trade
Compliance Analyst, AD/CVD
Operations, Office 6: New Shipper
Reviews of the Antidumping Duty and
Countervailing Duty Orders on
Polyethylene Terephthalate Film, Sheet,
and Strip from India; Verification and
Briefing Schedule for the Final Results
of Review (January 21, 2011). SRF and
the petitioners, Dupont Teijin Films,
Mitsubishi Polyester Film of America,
and Toray Plastics (America), Inc.,
timely filed case briefs on January 27,
2011. On January 31, 2011, the
Department rejected SRF’s case brief
because it contained untimely new
factual information. SRF timely re-filed
its case brief on February 1, 2011. Both
SRF and the petitioners timely filed
their rebuttal briefs on February 1, 2011.
On March 9, 2011, the Department
published an extension of the final
results of the new shipper review from
March 21, 2011 to May 20, 2011. See
Polyethylene Terephthalate Film, Sheet
and Strip From India: Extension of Time
Limit for Final Results of Countervailing
Duty New Shipper Review, 76 FR 12938
(March 9, 2011).
The Department obtained, from CBP,
import data for entries of PET Film from
India into the United States during the
period December 2009 through January
2011. On February 11, 2011, the
Department placed this information on
the record of this review. See
Memorandum To All Interested Parties
From Toni Page, International Trade
Compliance Analyst: Antidumping and
Countervailing Duty New Shipper
jdjones on DSK8KYBLC1PROD with NOTICES
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
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15:25 May 26, 2011
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[FR Doc. 2011–13264 Filed 5–26–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India: Final
Results of Countervailing Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2010, the
Department of Commerce (the
Department) issued the preliminary
results of the new shipper review of
polyethylene terephthalate film, sheet
and strip (PET Film) from India for SRF
Limited (SRF), covering the period
January 1, 2009, through December 31,
2009 (POR). Based on the results of our
analysis of the comments received, we
continue to find that the U.S. sale of
subject merchandise produced and
exported by SRF was bona fide. Also
based on our analysis of SRF’s
comments, we made certain revisions to
the calculations of several subsidy
programs. The final subsidy rate for the
reviewed company is listed below in the
section titled ‘‘Final Results of New
Shipper Review.’’ The Department will
instruct U.S. Customs and Border
Protection (CBP) to assess
countervailing duties at the final
subsidy rate.
DATES: Effective Date: May 27, 2011.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices
Reviews of Polyethylene Terephthalate
Film, Sheet, and Strip from India: U.S.
Customs Entries from December 2009 to
Present (January 11, 2011). The
Department issued its third
supplemental questionnaire to SRF on
February 11, 2011, requesting
information about the company’s
shipments after the POR of PET Film to
the United States. On February 25, 2011,
SRF filed its response to the
Department’s third supplemental
questionnaire.
On April 13, 2011, the Department
placed additional CBP data concerning
post-POR shipments of PET Film to the
United States, sold by SRF, on the
record of this review and requested
comments from the parties. See
Memorandum To All Interested Parties
From Toni Page, International Trade
Compliance Analyst: Antidumping and
Countervailing Duty New Shipper
Reviews of Polyethylene Terephthalate
Film, Sheet, and Strip from India: U.S.
Customs Entries from December 2009 to
present (April 13, 2011). The petitioners
and SRF filed comments on the CBP
data on April 18, 2011.
jdjones on DSK8KYBLC1PROD with NOTICES
Scope of the Order
The products covered by the order are
all gauges of raw, pretreated, or primed
polyethylene terephthalate film, sheet
and strip, whether extruded or
coextruded. Excluded are metallized
films and other finished films that have
had at least one of their surfaces
modified by the application of a
performance-enhancing resinous or
inorganic layer more than 0.00001
inches thick. Imports of PET Film are
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item number 3920.62.00.90.
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
order is dispositive.
Bona Fide Analysis of SRF’s U.S. Sale
In the Preliminary Results, we
determined that SRF’s U.S. sale was a
bona fide transaction. See Memorandum
from Toni Page, International Trade
Analyst Regarding: Bona Fide Analysis
of the Sale in the Antidumping Duty
New Shipper Review of Certain
Polyethylene Terephthalate Film, Sheet,
and Strip from India: SRF Limited
(December 21, 2010). The Department
also stated it would continue to
examine, through the remainder of the
review, all factors relating to the bona
fide analysis of the sale. We have further
examined the bona fide nature of SRF’s
U.S. sale and, for these final results, we
continue to find the sale to be bona fide.
For further details, see, Memorandum to
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15:25 May 26, 2011
Jkt 223001
File from Toni Page, International Trade
Analyst, Bona Fide Analysis of SRF’s
Sale in the Countervailing Duty New
Shipper Review of Polyethylene
Terephthalate Film, Sheet, and Strip
from India, dated concurrently with this
notice.
Analysis of Comments Received
All issues raised in the case brief and
rebuttal brief by parties to this new
shipper review are addressed in
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Issues and Decision
Memorandum for the Final Results of
the Countervailing Duty New Shipper
Review of Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from
India (May 20, 2011) (Issues and
Decision Memorandum), which is
hereby adopted by this notice. The
Issues and Decision Memorandum also
contains a complete analysis of the
programs covered by this review, the
methodologies used to calculate the
subsidy rates, and discusses any
changes to the subsidy rates from the
Preliminary Results. A list of the
comments raised in the briefs and
addressed in the Issues and Decision
Memorandum is appended to this
notice. The Issues and Decision
Memorandum is on file in the Central
Records Unit (CRU), room 7046 of the
main Department building, and can be
accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have revised the
calculations with respect to the benefit
amount calculated on certain additional
Export Promotion Capital Goods
Scheme (EPCGS) licenses that SRF
provided in its second supplemental
questionnaire response, and that we
included in our benefit calculations for
those programs.
We also made changes to our benefit
calculation with regard to the Advance
License Program. Based on our analysis
of the information SRF provided in its
second supplemental questionnaire
response, we have made changes to the
numerator and the denominator in our
benefit calculation for this program.
In addition, we revised our benefit
calculations with respect to two subprograms of the Special Economic Zone
(SEZ) program, the ‘‘Discounted Land
Fees in an SEZ’’ and ‘‘Exemption from
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30911
Stamp Duty of all Transactions and
Transfers of Immovable Property, or
Documents related thereto within the
SEZ (Stamp Duty).’’ Based on further
analysis of the information provided on
the record of this review, and the
comments provided by interested
parties, for these final results, we
determine these benefits to be nonrecurring under 19 CFR 351.524(b) and
(c)(2)(i). We performed the ‘‘0.5 percent
test,’’ as prescribed under 19 CFR
351.524(b)(2) and found that this SEZ
land concession was in excess of 0.5
percent of SRF’s total export sales in the
year the benefit was bestowed.
Therefore, for these final results, we
allocated the 75 percent discount on the
lease of the SEZ land, using as the
allocation period for non-recurring
subsidies the AUL prescribed by the
Internal Revenue Service (IRS) for
renewable physical assets for the
industry under consideration (as listed
in the IRS’s 1977 Class Life Asset
Depreciation Range System, and as
updated by the Department of the
Treasury), in accordance with 19 CFR
351.524(d)(2)(i). We found that the
amount of uncollected stamp duties on
the lease of the SEZ land was less than
0.5 percent of total export sales during
the year in which the benefit was
received. Therefore, we allocated the
benefit received from exempted stamp
duty to the year it was received.
Further, we made changes to our
calculation of the rupee-denominated
short-term benchmark. In the
Preliminary Results we allocated loan
fees due on the respective working
capital loans during the POR, by
applying the individual ratios to the
sanctioned credit limits, as applicable,
treating each listed sanctioned credit
limit as an individual loan. Based on the
detailed explanation in SRF’s case brief,
we re-examined the information on the
record and have revised our calculation
of SRF’s rupee-denominated short-term
benchmark for these final results. We
have not treated each draw down as a
separate loan; as a result, we have
applied the application fees only once
to each loan.
These changes are discussed in more
detail in the Issues and Decision
Memorandum.
Final Results of New Shipper Review
In accordance with section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.221(b)(5), we calculated an
individual ad valorem subsidy rate for
SRF, for the POR for this new shipper
review.
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices
Manufacturer/exporter
Net subsidy
rate
(percent)
SRF Limited ..........................
3.04
Disclosure
The Department will disclose to
parties the calculations performed in
connection with these final results
within five days of the date of public
announcement. See 19 CFR 351.224(b).
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise
produced and exported by SRF and
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2009, through December 31, 2009 at
3.04 percent ad valorem of the entered
value.
The Department intends to also
instruct CBP to collect cash deposits of
the estimated countervailing duties at
the rate of 3.04 percent ad valorem of
the entered value on shipments of the
subject merchandise produced and
exported by SRF, entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this new shipper review.
Further, effective upon publication of
the final results of this new shipper
review, we intend to instruct CBP that
importers may no longer post a bond or
other security in lieu of a cash deposit
on imports of PET Film from India,
manufactured and exported by SRF.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice. The cash deposit rates for
all companies not covered by this
review are not changed by the results of
this new shipper review.
jdjones on DSK8KYBLC1PROD with NOTICES
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
VerDate Mar<15>2010
15:25 May 26, 2011
Jkt 223001
Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I—List of Issues Addressed
in the Issues and Decision
Memorandum
Comment 1: Whether SRF’s Single Sale and
its U.S. Customer Are Indicative of a
Bona Fide Sale
Comment 2: Whether the Price and Quantity
of SRF’s New Shipper Sale Are
Indicative of a Bona Fide Sale
Comment 3: Whether SRF’s PET Film Entry
Was Re-sold for a Profit
Comment 4: Whether to Countervail SRF’s
Additional EPCGS Licenses
Comment 5: The Appropriate Average Useful
Life of Physical Assets to be Applied
Comment 6: SEZ Land Concession
Comment 7: Exemption of Stamp Duty on
Land Purchase as a Recurring Benefit
Comment 8: Countervailability of SRF’s
Advance Licenses
Comment 9: Countervailability of SRF’s
Advance Licenses Pertaining to NonSubject Merchandise
Comment 10: Calculation of the Rupee
Denominated Short-Term Benchmark
Interest Rate
[FR Doc. 2011–13266 Filed 5–26–11; 8:45 am]
BILLING CODE 3510–DS–P
duty orders and findings with April
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be made
in accordance with 19 CFR 351.303 and
are subject to verification in accordance
with section 782(i) of the Tariff Act of
1930, as amended (‘‘Act’’). Six copies of
the submission should be submitted to
the Assistant Secretary for Import
Administration, International Trade
Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. Further, in
accordance with 19 CFR
351.303(f)(3)(ii), a copy of each request
must be served on the petitioner and
each exporter or producer specified.
DEPARTMENT OF COMMERCE
Respondent Selection
International Trade Administration
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within seven days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the applicable
review.
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with April anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: May 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
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Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
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]]>Agencies
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30910-30912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13266]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Final Results of Countervailing Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2010, the Department of Commerce (the
Department) issued the preliminary results of the new shipper review of
polyethylene terephthalate film, sheet and strip (PET Film) from India
for SRF Limited (SRF), covering the period January 1, 2009, through
December 31, 2009 (POR). Based on the results of our analysis of the
comments received, we continue to find that the U.S. sale of subject
merchandise produced and exported by SRF was bona fide. Also based on
our analysis of SRF's comments, we made certain revisions to the
calculations of several subsidy programs. The final subsidy rate for
the reviewed company is listed below in the section titled ``Final
Results of New Shipper Review.'' The Department will instruct U.S.
Customs and Border Protection (CBP) to assess countervailing duties at
the final subsidy rate.
DATES: Effective Date: May 27, 2011.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0197 or (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
Since the issuance of Polyethylene Terephthalate Film, Sheet, and
Strip From India: Preliminary Results of Countervailing Duty New
Shipper Review, 75 FR 81574 (December 28, 2010) (Preliminary Results),
the following events have occurred. SRF filed its response to the
Department's second supplemental questionnaire on December 27, 2010. On
January 21, 2011, the Department issued a memorandum confirming the
briefing schedule, which was in accordance with 19 CFR 351.309(c) and
the Preliminary Results, 75 FR at 81583. See Memorandum To Interested
Parties From Elfi Blum, International Trade Compliance Analyst, AD/CVD
Operations, Office 6: New Shipper Reviews of the Antidumping Duty and
Countervailing Duty Orders on Polyethylene Terephthalate Film, Sheet,
and Strip from India; Verification and Briefing Schedule for the Final
Results of Review (January 21, 2011). SRF and the petitioners, Dupont
Teijin Films, Mitsubishi Polyester Film of America, and Toray Plastics
(America), Inc., timely filed case briefs on January 27, 2011. On
January 31, 2011, the Department rejected SRF's case brief because it
contained untimely new factual information. SRF timely re-filed its
case brief on February 1, 2011. Both SRF and the petitioners timely
filed their rebuttal briefs on February 1, 2011. On March 9, 2011, the
Department published an extension of the final results of the new
shipper review from March 21, 2011 to May 20, 2011. See Polyethylene
Terephthalate Film, Sheet and Strip From India: Extension of Time Limit
for Final Results of Countervailing Duty New Shipper Review, 76 FR
12938 (March 9, 2011).
The Department obtained, from CBP, import data for entries of PET
Film from India into the United States during the period December 2009
through January 2011. On February 11, 2011, the Department placed this
information on the record of this review. See Memorandum To All
Interested Parties From Toni Page, International Trade Compliance
Analyst: Antidumping and Countervailing Duty New Shipper
[[Page 30911]]
Reviews of Polyethylene Terephthalate Film, Sheet, and Strip from
India: U.S. Customs Entries from December 2009 to Present (January 11,
2011). The Department issued its third supplemental questionnaire to
SRF on February 11, 2011, requesting information about the company's
shipments after the POR of PET Film to the United States. On February
25, 2011, SRF filed its response to the Department's third supplemental
questionnaire.
On April 13, 2011, the Department placed additional CBP data
concerning post-POR shipments of PET Film to the United States, sold by
SRF, on the record of this review and requested comments from the
parties. See Memorandum To All Interested Parties From Toni Page,
International Trade Compliance Analyst: Antidumping and Countervailing
Duty New Shipper Reviews of Polyethylene Terephthalate Film, Sheet, and
Strip from India: U.S. Customs Entries from December 2009 to present
(April 13, 2011). The petitioners and SRF filed comments on the CBP
data on April 18, 2011.
Scope of the Order
The products covered by the order are all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet and strip,
whether extruded or coextruded. Excluded are metallized films and other
finished films that have had at least one of their surfaces modified by
the application of a performance-enhancing resinous or inorganic layer
more than 0.00001 inches thick. Imports of PET Film are classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
number 3920.62.00.90. HTSUS subheadings are provided for convenience
and customs purposes. The written description of the scope of the order
is dispositive.
Bona Fide Analysis of SRF's U.S. Sale
In the Preliminary Results, we determined that SRF's U.S. sale was
a bona fide transaction. See Memorandum from Toni Page, International
Trade Analyst Regarding: Bona Fide Analysis of the Sale in the
Antidumping Duty New Shipper Review of Certain Polyethylene
Terephthalate Film, Sheet, and Strip from India: SRF Limited (December
21, 2010). The Department also stated it would continue to examine,
through the remainder of the review, all factors relating to the bona
fide analysis of the sale. We have further examined the bona fide
nature of SRF's U.S. sale and, for these final results, we continue to
find the sale to be bona fide. For further details, see, Memorandum to
File from Toni Page, International Trade Analyst, Bona Fide Analysis of
SRF's Sale in the Countervailing Duty New Shipper Review of
Polyethylene Terephthalate Film, Sheet, and Strip from India, dated
concurrently with this notice.
Analysis of Comments Received
All issues raised in the case brief and rebuttal brief by parties
to this new shipper review are addressed in Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, Issues and Decision Memorandum for the Final
Results of the Countervailing Duty New Shipper Review of Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from India (May 20,
2011) (Issues and Decision Memorandum), which is hereby adopted by this
notice. The Issues and Decision Memorandum also contains a complete
analysis of the programs covered by this review, the methodologies used
to calculate the subsidy rates, and discusses any changes to the
subsidy rates from the Preliminary Results. A list of the comments
raised in the briefs and addressed in the Issues and Decision
Memorandum is appended to this notice. The Issues and Decision
Memorandum is on file in the Central Records Unit (CRU), room 7046 of
the main Department building, and can be accessed directly on the Web
at https://ia.ita.doc.gov/frn. The paper and electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have revised the
calculations with respect to the benefit amount calculated on certain
additional Export Promotion Capital Goods Scheme (EPCGS) licenses that
SRF provided in its second supplemental questionnaire response, and
that we included in our benefit calculations for those programs.
We also made changes to our benefit calculation with regard to the
Advance License Program. Based on our analysis of the information SRF
provided in its second supplemental questionnaire response, we have
made changes to the numerator and the denominator in our benefit
calculation for this program.
In addition, we revised our benefit calculations with respect to
two sub-programs of the Special Economic Zone (SEZ) program, the
``Discounted Land Fees in an SEZ'' and ``Exemption from Stamp Duty of
all Transactions and Transfers of Immovable Property, or Documents
related thereto within the SEZ (Stamp Duty).'' Based on further
analysis of the information provided on the record of this review, and
the comments provided by interested parties, for these final results,
we determine these benefits to be non-recurring under 19 CFR 351.524(b)
and (c)(2)(i). We performed the ``0.5 percent test,'' as prescribed
under 19 CFR 351.524(b)(2) and found that this SEZ land concession was
in excess of 0.5 percent of SRF's total export sales in the year the
benefit was bestowed. Therefore, for these final results, we allocated
the 75 percent discount on the lease of the SEZ land, using as the
allocation period for non-recurring subsidies the AUL prescribed by the
Internal Revenue Service (IRS) for renewable physical assets for the
industry under consideration (as listed in the IRS's 1977 Class Life
Asset Depreciation Range System, and as updated by the Department of
the Treasury), in accordance with 19 CFR 351.524(d)(2)(i). We found
that the amount of uncollected stamp duties on the lease of the SEZ
land was less than 0.5 percent of total export sales during the year in
which the benefit was received. Therefore, we allocated the benefit
received from exempted stamp duty to the year it was received.
Further, we made changes to our calculation of the rupee-
denominated short-term benchmark. In the Preliminary Results we
allocated loan fees due on the respective working capital loans during
the POR, by applying the individual ratios to the sanctioned credit
limits, as applicable, treating each listed sanctioned credit limit as
an individual loan. Based on the detailed explanation in SRF's case
brief, we re-examined the information on the record and have revised
our calculation of SRF's rupee-denominated short-term benchmark for
these final results. We have not treated each draw down as a separate
loan; as a result, we have applied the application fees only once to
each loan.
These changes are discussed in more detail in the Issues and
Decision Memorandum.
Final Results of New Shipper Review
In accordance with section 751(a)(2)(B)(i) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.221(b)(5), we calculated an
individual ad valorem subsidy rate for SRF, for the POR for this new
shipper review.
[[Page 30912]]
------------------------------------------------------------------------
Net subsidy
Manufacturer/exporter rate (percent)
------------------------------------------------------------------------
SRF Limited............................................ 3.04
------------------------------------------------------------------------
Disclosure
The Department will disclose to parties the calculations performed
in connection with these final results within five days of the date of
public announcement. See 19 CFR 351.224(b).
Assessment and Cash Deposit Instructions
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of review to
liquidate shipments of subject merchandise produced and exported by SRF
and entered, or withdrawn from warehouse, for consumption on or after
January 1, 2009, through December 31, 2009 at 3.04 percent ad valorem
of the entered value.
The Department intends to also instruct CBP to collect cash
deposits of the estimated countervailing duties at the rate of 3.04
percent ad valorem of the entered value on shipments of the subject
merchandise produced and exported by SRF, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this new shipper review.
Further, effective upon publication of the final results of this
new shipper review, we intend to instruct CBP that importers may no
longer post a bond or other security in lieu of a cash deposit on
imports of PET Film from India, manufactured and exported by SRF. These
cash deposit requirements, when imposed, shall remain in effect until
further notice. The cash deposit rates for all companies not covered by
this review are not changed by the results of this new shipper review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--List of Issues Addressed in the Issues and Decision
Memorandum
Comment 1: Whether SRF's Single Sale and its U.S. Customer Are
Indicative of a Bona Fide Sale
Comment 2: Whether the Price and Quantity of SRF's New Shipper Sale
Are Indicative of a Bona Fide Sale
Comment 3: Whether SRF's PET Film Entry Was Re-sold for a Profit
Comment 4: Whether to Countervail SRF's Additional EPCGS Licenses
Comment 5: The Appropriate Average Useful Life of Physical Assets to
be Applied
Comment 6: SEZ Land Concession
Comment 7: Exemption of Stamp Duty on Land Purchase as a Recurring
Benefit
Comment 8: Countervailability of SRF's Advance Licenses
Comment 9: Countervailability of SRF's Advance Licenses Pertaining
to Non-Subject Merchandise
Comment 10: Calculation of the Rupee Denominated Short-Term
Benchmark Interest Rate
[FR Doc. 2011-13266 Filed 5-26-11; 8:45 am]
BILLING CODE 3510-DS-P
