Polyethylene Terephthalate Film, Sheet and Strip from India: Preliminary Intent to Rescind Countervailing Duty Administrative Review, 9892-9893 [2012-3972]

Download as PDF 9892 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices parties in accordance with 19 CFR 351.224(b). mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rate Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with these amended final results of review. For assessment purposes, we calculated importer (or customer)-specific assessment rates for merchandise subject to this review consistent with 19 CFR 351.212(b)(1). Where appropriate, we calculated an ad valorem rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total entered values associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. Where appropriate, we calculated a per-unit rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise. Where an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer’s (or customer’s) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). The Court of International Trade has issued a preliminary injunction enjoining the liquidation of certain entries during the period of review, therefore, assessment instructions will be issued as appropriate. Cash Deposit Requirements The following cash deposit requirements will be effective retroactively on any entries made on or after December 14, 2011, the date of publication of the Final Results, for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For Yixing Union, the cash deposit rate will be the amended final margin rate shown above in the ‘‘Ministerial Errors’’ section of this notice; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will VerDate Mar<15>2010 17:29 Feb 17, 2012 Jkt 226001 continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide rate of 156.87 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: February 10, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–3971 Filed 2–17–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet and Strip from India: Preliminary Intent to Rescind Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: February 21, 2012. 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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). Subsequently, Vacmet and Polypacks timely withdrew their requests for an administrative review; on September 20, 2011, the Department published a rescission, in part, of the CVD administrative review with respect to Vacmet and Polypacks. See Polyethylene Terephthalate Film, Sheet and Strip From India: Rescission, In Part, of Countervailing Duty Administrative Review, 76 FR 58248 (September 20, 2011). On September 12, 2011, SRF filed a certification of no shipments and requested that the Department rescind the CVD administrative review of the company. On November 25, 2011, Petitioners timely withdrew their request for CVD administrative reviews of Ester, Garware, Polyplex, and Jindal. The Department published a rescission, in part, of the CVD administrative review with respect to Ester, Garware, Polyplex, and Jindal on January 11, 2012. See Polyethylene Terephthalate Film, Sheet and Strip From India: Rescission, In Part, of Countervailing Duty Administrative Review, 77 FR 1668 (January 11, 2012). The administrative review of SRF continued. 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 of more than 0.00001 inches thick. Imports of polyethylene terephthalate film, sheet and strip are classifiable in the Harmonized Tariff 1 Petitioners are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc. and Toray Plastics (America), Inc. E:\FR\FM\21FEN1.SGM 21FEN1 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES Intent To Rescind the 2010 Countervailing Duty Administrative Review SRF submitted a letter to the Department on September 12, 2011, certifying that it had no shipments of subject merchandise that entered the United States during calendar year 2010, which is the period of review (POR). Petitioners did not comment on SRF’s claim of no shipments or entries. Previously, on September 1, 2011, the Department released the results of a U.S. Customs and Border Protection (CBP) data query to interested parties with an administrative protective order for this segment of the administrative review, which showed SRF had no suspended entries of subject merchandise during the POR. After the receipt of SRF’s no shipment certification, we sent a ‘‘no shipments inquiry’’ message to CBP, which posted the message on October 12, 2011.2 We have not received any responses from CBP regarding the no shipments inquiry indicating that there were any suspended entries from SRF during the POR. See Memorandum to the File through Barbara E. Tillman, Director, AD/CVD Operations, Office 6, ‘‘Claim of No Shipments from SRF Limited in the 2010 Administrative Review of the Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet and Strip from India’’ (dated concurrently with this notice). Based on our analysis of all of the information on the record, we preliminarily determine that SRF had no shipments or entries of subject merchandise during the POR. Therefore, in accordance with 19 CFR 351.213(d)(3), and consistent with our practice,3 we preliminarily determine to rescind the review for SRF. Because SRF is the sole remaining company in this administrative review, the rescission of the review with respect to SRF would result in a rescission of the administrative review in its entirety. Public Comment The Department is setting aside a period for interested parties to raise issues regarding the Department’s preliminary intent to rescind the 2 See Message number 1285302, available at https://addcvd.cbp.gov/index.asp. 3 See, e.g., Welded Carbon Steel Standard Pipe and Tube from Turkey: Notice of Rescission of Countervailing Duty Administrative Review, In Part, 74 FR 47921 (September 18, 2009). VerDate Mar<15>2010 17:29 Feb 17, 2012 Jkt 226001 administrative review for SRF. Interested parties should submit such comments within 20 calendar days of the publication of this notice. Comments must be filed electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS) (https:// iaaccess.trade.gov/). The period for public comment is intended to provide the Department with ample opportunity to consider all views prior to making a final determination concerning whether to rescind the administrative review. We are issuing this notice in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 14, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–3972 Filed 2–17–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: February 21, 2012. SUMMARY: The Department of Commerce (‘‘Department’’) hereby publishes a list of scope rulings completed between April 1, 2011, and June 30, 2011. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2011. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, China/ NME Group, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202– 482–1394. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department’s regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis. See 19 CFR 351.225(o). Our most recent notification of scope rulings was published on November 29, 2011. See Notice of Scope Rulings, 76 FR 73596 (November 29, 2011). This current notice covers all PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 9893 scope rulings and anticircumvention determinations completed by Import Administration between April 1, 2011, and June 30, 2011, inclusive, and it also lists any scope or anticircumvention inquiries pending as of June 30, 2011. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between April 1, 2011, and June 30, 2011 People’s Republic of China A–570–504: Petroleum Wax Candles from the People’s Republic of China. Requestor: R&D Chemicals, Inc.; ‘‘Bite Lite’’ brand candles are not within the scope of the antidumping duty order; April 18, 2011. A–570–601: Tapered Roller Bearings from the People’s Republic of China. Requestor: New Trend Engineering Limited; its wheel hub units are within the scope of the antidumping duty order; April 18, 2011. A–570–601: Tapered Roller Bearings from the People’s Republic of China. Requestor: Bosda International (USA) LLC and Kingdom Auto Parts Ltd.; its wheel hub units are within the scope of the antidumping duty order; June 14, 2011. A–570–803: Heavy Forged Hand Tools from the People’s Republic of China. Requestor: Lucky Distributing, Inc.; Lucky Distributing, Inc.’s cast smart splitter is not within the scope of the antidumping duty order; June 6, 2011. A–570–868: Folding Metal Tables and Chairs from the People’s Republic of China. Requestor: Lifetime Products, Inc.; its 33-inch round tables are not within the scope of the antidumping duty order; May 2, 2011. A–570–868: Folding Metal Tables and Chairs from the People’s Republic of China. Requestor: Meco Corporation; its pedestal tables are not within the scope of the antidumping duty order; May 19, 2011. A–570–890: Wooden Bedroom Furniture from the People’s Republic of China. Requestor: Acme Furniture Industry Inc.; partially upholstered daybed with trundle unit is within the scope of the antidumping duty order; fully upholstered daybed without trundle unit is not within the scope of the antidumping duty order; April 15, 2011. A–570–890: Wooden Bedroom Furniture from the People’s Republic of China. Requestor: Ashley Furniture Industries Inc.; certain polyurethane mirrors and an upholstered mirror are E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9892-9893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3972]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet and Strip from India: 
Preliminary Intent to Rescind Countervailing Duty Administrative Review

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

DATES: Effective Date: February 21, 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.

SUPPLEMENTARY INFORMATION: 

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).
---------------------------------------------------------------------------

    \1\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
---------------------------------------------------------------------------

    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). Subsequently, Vacmet and 
Polypacks timely withdrew their requests for an administrative review; 
on September 20, 2011, the Department published a rescission, in part, 
of the CVD administrative review with respect to Vacmet and Polypacks. 
See Polyethylene Terephthalate Film, Sheet and Strip From India: 
Rescission, In Part, of Countervailing Duty Administrative Review, 76 
FR 58248 (September 20, 2011).
    On September 12, 2011, SRF filed a certification of no shipments 
and requested that the Department rescind the CVD administrative review 
of the company.
    On November 25, 2011, Petitioners timely withdrew their request for 
CVD administrative reviews of Ester, Garware, Polyplex, and Jindal. The 
Department published a rescission, in part, of the CVD administrative 
review with respect to Ester, Garware, Polyplex, and Jindal on January 
11, 2012. See Polyethylene Terephthalate Film, Sheet and Strip From 
India: Rescission, In Part, of Countervailing Duty Administrative 
Review, 77 FR 1668 (January 11, 2012). The administrative review of SRF 
continued.

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 
of more than 0.00001 inches thick. Imports of polyethylene 
terephthalate film, sheet and strip are classifiable in the Harmonized 
Tariff

[[Page 9893]]

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.

Intent To Rescind the 2010 Countervailing Duty Administrative Review

    SRF submitted a letter to the Department on September 12, 2011, 
certifying that it had no shipments of subject merchandise that entered 
the United States during calendar year 2010, which is the period of 
review (POR). Petitioners did not comment on SRF's claim of no 
shipments or entries.
    Previously, on September 1, 2011, the Department released the 
results of a U.S. Customs and Border Protection (CBP) data query to 
interested parties with an administrative protective order for this 
segment of the administrative review, which showed SRF had no suspended 
entries of subject merchandise during the POR. After the receipt of 
SRF's no shipment certification, we sent a ``no shipments inquiry'' 
message to CBP, which posted the message on October 12, 2011.\2\ We 
have not received any responses from CBP regarding the no shipments 
inquiry indicating that there were any suspended entries from SRF 
during the POR. See Memorandum to the File through Barbara E. Tillman, 
Director, AD/CVD Operations, Office 6, ``Claim of No Shipments from SRF 
Limited in the 2010 Administrative Review of the Countervailing Duty 
Order on Polyethylene Terephthalate Film, Sheet and Strip from India'' 
(dated concurrently with this notice).
---------------------------------------------------------------------------

    \2\ See Message number 1285302, available at https://addcvd.cbp.gov/index.asp.
---------------------------------------------------------------------------

    Based on our analysis of all of the information on the record, we 
preliminarily determine that SRF had no shipments or entries of subject 
merchandise during the POR. Therefore, in accordance with 19 CFR 
351.213(d)(3), and consistent with our practice,\3\ we preliminarily 
determine to rescind the review for SRF. Because SRF is the sole 
remaining company in this administrative review, the rescission of the 
review with respect to SRF would result in a rescission of the 
administrative review in its entirety.
---------------------------------------------------------------------------

    \3\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from 
Turkey: Notice of Rescission of Countervailing Duty Administrative 
Review, In Part, 74 FR 47921 (September 18, 2009).
---------------------------------------------------------------------------

Public Comment

    The Department is setting aside a period for interested parties to 
raise issues regarding the Department's preliminary intent to rescind 
the administrative review for SRF. Interested parties should submit 
such comments within 20 calendar days of the publication of this 
notice. Comments must be filed electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS) (https://iaaccess.trade.gov/). 
The period for public comment is intended to provide the Department 
with ample opportunity to consider all views prior to making a final 
determination concerning whether to rescind the administrative review.
    We are issuing this notice in accordance with section 777(i)(1) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: February 14, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-3972 Filed 2-17-12; 8:45 am]
BILLING CODE 3510-DS-P

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