Polyethylene Terephthalate Film, Sheet and Strip From India: Rescission, in Part, of Countervailing Duty Administrative Review, 1668 [2012-353]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Page 1668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-353]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet and Strip From India: 
Rescission, in Part, of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: January 11, 2012.

FOR FURTHER INFORMATION CONTACT: Toni Page, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1398.

Background

    On July 1, 2011, the Department of Commerce (Department) published 
a notice of opportunity to request an administrative review of the 
countervailing duty (CVD) order on polyethylene terephthalate film, 
sheet and strip from India covering the period January 1, 2010, through 
December 31, 2010. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 76 FR 38609, 38610 (July 1, 2011). The 
Department received a timely request from Petitioners \1\ for a CVD 
administrative review of five companies: Ester Industries Limited 
(Ester), Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of 
India (Jindal), Polyplex Corporation Ltd. (Polyplex), and SRF Limited 
(SRF). The Department also received timely requests for a CVD review 
from Vacmet India Ltd. (Vacmet) and Polypacks Industries of India 
(Polypacks). On August 26, 2011, the Department published a notice of 
initiation of administrative review with respect to Ester, Garware, 
Jindal, Polyplex, SRF, Vacmet, and Polypacks. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 76 FR 53404 (August 26, 2011). On August 23, 
2011, Vacmet and Polypacks withdrew their requests for a review. The 
Department published a rescission, in part, of the CVD administrative 
review with respect to Vacmet and Polypacks on September 20, 2011. See 
Polyethylene Terephthalate Film, Sheet and Strip From India: 
Rescission, In Part, of Countervailing Duty Administrative Review, 76 
FR 58248 (September 20, 2011). On November 25, 2011, Petitioners 
withdrew their request for CVD administrative reviews of Ester, 
Garware, Polyplex, and Jindal.
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    \1\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
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Rescission, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Petitioners' withdrawal was submitted within the 90-day period and, 
thus, is timely.\2\ Because Petitioners' withdrawal of their requests 
for review is timely and because no other party requested a review of 
Ester, Garware, Polyplex, or Jindal, we are rescinding this review with 
respect to these companies in accordance with 19 CFR 351.213(d)(1). The 
administrative review of SRF continues.
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    \2\ The 90th day fell on November 24, 2011, a non-business day. 
Pursuant to 19 CFR 351.303(b), if an applicable due date falls on a 
non-business day, the Department will accept as timely a document 
that is filed on the next business day.
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Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess countervailing duties on all appropriate entries. 
Subject merchandise exported by Ester, Garware, Polyplex, and Jindal 
will be assessed countervailing duties at rates equal to the cash 
deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of this notice.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: January 5, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-353 Filed 1-10-12; 8:45 am]
BILLING CODE 3510-DS-P