Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review; 2011, 48147-48148 [2013-19094]

Download as PDF Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.8 Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(2)(B)(iv) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their case briefs, within 120 days after issuance of these preliminary results. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rate Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If the weighted-average dumping margin for Gallo or Rummo is not zero or de minimis (i.e., less than 0.5 percent), we will calculate importerspecific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by each respondent for which they did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See 19 CFR 351.310. VerDate Mar<15>2010 17:03 Aug 06, 2013 Jkt 229001 We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 15.45 percent, the all-others rate established in the antidumping investigation as modified by the section 129 determination.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary 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 increase the subsequent assessment of the antidumping duties by the amount of antidumping duties reimbursed. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 9 See Implementation of the Findings of the WTO Panel in US—Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 48147 Dated: July 30, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Discussion of Methodology [FR Doc. 2013–19102 Filed 8–6–13; 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: Preliminary Results of Countervailing Duty Administrative Review; 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review under the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India for the period of review (POR) January 1, 2011, through December 31, 2011. We preliminarily determine that SRF Limited (SRF) has received countervailable subsidies during the POR. See the ‘‘Preliminary Results of Review’’ section, below. DATES: Effective Date: August 7, 2013. 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, respectively. AGENCY: Scope of the Order For purposes of the order, the products covered 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 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 E:\FR\FM\07AUN1.SGM 07AUN1 48148 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices purposes. The written description of the scope of the order is dispositive. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.1 For a full description of the methodology underlying our conclusions, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, titled Decision Memorandum for the Preliminary Results of Countervailing Duty (CVD) Administrative Review: Polyethylene Terephthalate Film, Sheet and Strip from India (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ ia. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Results of Review As a result of this review, we preliminarily determine a net countervailable subsidy rate of 2.84 percent ad valorem for SRF, for the period January 1, 2011, through December 31, 2011. Assessment and Cash Deposit Requirements If these preliminary results are adopted in our final results of this review, 15 days after publication of the final results of this review the Department intends to instruct U.S. Customs and Border Protection (CBP) to 1 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Mar<15>2010 17:03 Aug 06, 2013 Jkt 229001 liquidate shipments of subject merchandise produced and/or exported by SRF entered or withdrawn from warehouse, for consumption from January 1, 2011, through December 31, 2011, at 2.84 percent ad valorem of the entered value. The Department intends also to instruct CBP to collect cash deposits of estimated CVDs at the rate of 2.84 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 review. We intend to instruct CBP to continue to collect cash deposits for non-reviewed companies at the applicable company-specific CVD rate for the most recent period or allothers rate established in the investigation. These deposit rates, when imposed, shall remain in effect until further notice. and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.5 Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Disclosure and Public Hearing The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.2 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.3 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically and received successfully through IA ACCESS. Interested parties who wish to request a hearing, or to participate if one is requested, must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, using Import Administration’s IA ACCESS system.4 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street DEPARTMENT OF COMMERCE 2 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 4 See 19 CFR 351.310(c). Dated: July 31, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19094 Filed 8–6–13; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–201–835] Lemon Juice From Mexico: Termination of Suspended Investigation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the International Trade Commission (the ‘‘ITC’’) that termination of the suspended antidumping duty investigation on lemon juice from Mexico would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department of Commerce (the ‘‘Department’’) is terminating the suspended antidumping duty investigation. As a result, the Department is also terminating the Agreement Suspending the Antidumping Investigation on Lemon Juice from Mexico (the ‘‘Agreement’’). DATES: Effective Date: September 21, 2012. FOR FURTHER INFORMATION CONTACT: Maureen Price or Sally C. Gannon, Bilateral Agreements Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4271 or (202) 482– 0162, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 3 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 5 See E:\FR\FM\07AUN1.SGM 19 CFR 351.310. 07AUN1

Agencies

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48147-48148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19094]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Countervailing Duty Administrative Review; 2011

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review under the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet and strip (PET film) from India 
for the period of review (POR) January 1, 2011, through December 31, 
2011. We preliminarily determine that SRF Limited (SRF) has received 
countervailable subsidies during the POR. See the ``Preliminary Results 
of Review'' section, below.

DATES: Effective Date: August 7, 2013.

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, respectively.

Scope of the Order

    For purposes of the order, the products covered 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 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

[[Page 48148]]

purposes. The written description of the scope of the order is 
dispositive.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\1\ For a full description of the 
methodology underlying our conclusions, see the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Paul Piquado, Assistant Secretary for 
Import Administration, titled Decision Memorandum for the Preliminary 
Results of Countervailing Duty (CVD) Administrative Review: 
Polyethylene Terephthalate Film, Sheet and Strip from India 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice.
---------------------------------------------------------------------------

    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine a net 
countervailable subsidy rate of 2.84 percent ad valorem for SRF, for 
the period January 1, 2011, through December 31, 2011.

Assessment and Cash Deposit Requirements

    If these preliminary results are adopted in our final results of 
this review, 15 days after publication of the final results of this 
review the Department intends to instruct U.S. Customs and Border 
Protection (CBP) to liquidate shipments of subject merchandise produced 
and/or exported by SRF entered or withdrawn from warehouse, for 
consumption from January 1, 2011, through December 31, 2011, at 2.84 
percent ad valorem of the entered value.
    The Department intends also to instruct CBP to collect cash 
deposits of estimated CVDs at the rate of 2.84 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 
review. We intend to instruct CBP to continue to collect cash deposits 
for non-reviewed companies at the applicable company-specific CVD rate 
for the most recent period or all-others rate established in the 
investigation. These deposit rates, when imposed, shall remain in 
effect until further notice.

Disclosure and Public Hearing

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\2\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. All briefs must be filed electronically and received 
successfully through IA ACCESS.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must do so within 30 days of publication of these 
preliminary results by submitting a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, using 
Import Administration's IA ACCESS system.\4\ Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined.\5\ Parties should confirm by telephone the 
date, time, and location of the hearing.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

     Dated: July 31, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19094 Filed 8-6-13; 8:45 am]
BILLING CODE 3510-DS-P