Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2012, 50616-50618 [2014-20154]
Download as PDF
<![CDATA[
50616
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
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).
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entered, or withdrawn from warehouse,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.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
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
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).
preliminary results.9 Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.10 Parties who submit
comments are requested to submit: (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 using IA ACCESS.
An electronically filed document must
be received successfully in its entirety
by the Department’s electronic records
system, IA ACCESS.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s IA
ACCESS system within 30 days of
publication of this notice.11 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.12 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.
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
8 See
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
9 See
19 CFR 351.224(b).
10 See 19 CFR 351.309(d).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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.
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Discussion of Methodology
[FR Doc. 2014–20152 Filed 8–22–14; 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 and Partial
Recission of Countervailing Duty
Administrative Review; 2012
Enforcement and Compliance,
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, 2012,
through December 31, 2012. We
preliminarily determine that SRF
Limited (SRF) and Jindal Poly Films
Limited of India (Jindal) received
countervailable subsidies during the
POR. See the ‘‘Preliminary Results of
Review’’ section, below. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
2371, 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.
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
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
purposes. The written description of the
scope of the order is dispositive.
Partial Rescission of Administrative
Review
emcdonald on DSK67QTVN1PROD with NOTICES
On August 28, 2013, the Department
initiated a review of eight companies in
this proceeding.1 On December 12,
2013, Petitioners and SRF timely
withdrew their requests for review. On
the same date, Polyplex USA and Flex
USA (domestic interested parties)
timely withdrew their requests for
reviews of all companies except Jindal
and SRF.
On December 18, 2013, Jindal and
SRF filed a request with the Department
to reject Polyplex USA’s and Flex USA’s
review requests in both the antidumping
duty and CVD proceedings because,
they alleged, the requestors did not have
standing to request a review for the
current PORs. The Department made an
interested party determination on March
20, 2014, concluding that Polyplex USA
and Flex USA were eligible to request
administrative reviews for this
proceeding.2
As Petitioners’, Polyplex USA’s, and
Flex USA’s review and withdrawal
requests were timely filed, we are
rescinding this administrative review
with respect to Polyplex, Garware, Ester,
Uflex, MTZ, and Vacmet (pursuant to 19
CFR 351.213(d)(1)), and proceeding
with the reviews of Jindal and SRF.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocations in Part, 78 FR 53128
(August 28, 2013). The eight companies were Ester
Industries (Ester), Garware Polyester Ltd. (Garware),
Jindal, MTZ Polyesters Ltd. (MTZ), Polyplex
Corporation Ltd. (Polyplex), SRF, Uflex Limited
(Uflex), and Vacmet. DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and SKC, Inc.
(collectively Petitioners) requested a review for six
companies (Ester, Garware, Polyplex, SRF, Jindal,
and Vacmet). Polyplex, USA LLC (Polyplex USA)
and Flex Films (USA) Inc. (Flex USA) requested a
review for eight companies (SRF, Jindal, Polyplex,
Garware, Ester, Uflex, MTZ, and Vacmet). In
addition, SRF self-requested an administrative
review.
2 See Memorandum to Edward Yang, Director
AD/CVD Operations, Office VII, Enforcement and
Compliance re: Interested Party Status in the
Antidumping Duty (AD) and Countervailing Duty
(CVD) Administrative Reviews: Polyethylene
Terephthalate Film, Sheet, and Strip (PET film)
from India; 2012–2013 (March, 20, 2013).
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
Methodology
The Department conducted this
review in accordance with section
751(a)(l)(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.3 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
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, 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 preliminary results and hereby
adopted by this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is
available to all parties 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 at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
50617
assigned a subsidy rate for each
producer/exporter subject to this
administrative review. If these
preliminary results are adopted in the
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 and Jindal, entered or
withdrawn from warehouse, for
consumption from January 1, 2012,
through December 31, 2012, at 2.08
percent ad valorem and 8.36 percent ad
valorem, respectively, of the entered
value.
The Department intends also to
instruct CBP to collect cash deposits of
estimated CVDs at the rate of 2.08
percent ad valorem and 8.36 percent ad
valorem, respectively, of the entered
value on shipments of the subject
merchandise produced and/or exported
by SRF and Jindal, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review.4 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 cash deposit rates, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
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.5 Interested parties
may submit written comments (case
briefs) within 30 days of publication of
the preliminary results and rebuttal
Preliminary Results of Review
comments (rebuttal briefs) within five
We determine the total estimated net
days after the time limit for filing case
countervailable subsidy rates for the
briefs.6 Rebuttal briefs must be limited
period January 1, 2012, through
to issues raised in the case briefs.7
December 31, 2012 to be:
Parties who submit case or rebuttal
briefs are requested to submit with the
Subsidy
argument: (1) A statement of the issue;
Company
rate
(2) a brief summary of the argument;
(%)
and (3) a table of authorities.8
Interested parties who wish to request
SRF Limited ..................................
2.08
Jindal Poly Films Limited ..............
8.36 a hearing, or to participate if one is
requested, must do so within 30 days of
publication of these preliminary results
Assessment Rates and Cash Deposit
by submitting a written request to the
Requirements
Assistant Secretary for Enforcement and
In accordance with 19 CFR
351.221(b)(4)(i), the Department
4
3 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.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
See section 751(a)(2)(C) of the Act.
19 CFR 351.224(b).
6 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
7 See 19 CFR 351.309(d)(2).
8 See 19 CFR 351.309(c)(2) and (d)(2).
5 See
E:\FR\FM\25AUN1.SGM
25AUN1
50618
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s IA ACCESS system.9
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.10 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.11 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through IA ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 75l(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 75l(a)(l) and 777(i)(l) of
the Act and 19 CFR 351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Scope of the Order
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative
Review
4. Subsidies Valuation
5. Analysis of Programs
[FR Doc. 2014–20154 Filed 8–22–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
emcdonald on DSK67QTVN1PROD with NOTICES
[C–475–819]
Certain Pasta From Italy: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
9 See
19 CFR 351.310(c).
19 CFR 351.310.
11 See 19 CFR 351.310(c).
10 See
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
certain pasta (pasta) from Italy. The
period of review (POR) is January 1,
2012, through December 31, 2012. This
review covers two exporters/producers
of the subject merchandise, DeMatteis
Agroalimentare S.p.A. (DeMatteis) (also
known as, ‘‘DeMatteis Agroalimentare
SpA’’) and Fratelli DeCecco di Filippo
Fara San Martino S.p.A. (DeCecco) (also
known as ‘‘F.lli De Cecco di Filippo
Fara San Martino S.p.A.’’), as mandatory
company-respondents. We preliminarily
find that DeMatteis received
countervailable subsidies during the
POR, and that DeCecco received de
minimis countervailable subsidies
during the POR. The Department is also
rescinding the review of one company,
Delverde Industrie Alimentari S.p.A.,
which timely withdrew its request for
review. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 or (202) 482–
1779, respectively.
SUMMARY:
The scope of the order consists of
certain pasta from Italy. The
merchandise subject to the order is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive. A full
description of the scope of the order is
contained in the ‘‘Decision
Memorandum for Preliminary Results of
Countervailing Duty Administrative
Review: Certain Pasta from Italy,’’ from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, dated August 18, 2014
(Preliminary Decision Memorandum),
and hereby adopted by this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and
available to all parties 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
https://trade.gov/enforcement/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
discussed in the Preliminary Decision
Memorandum is provided in the
Appendix to this notice.
Partial Rescission of the 2012
Administrative Review
In accordance with 19 CFR
351.213(d)(1), the Department will
rescind an administrative review ‘‘if a
party that requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’ The
notice of initiation of the instant review
was published on August 28, 2013.1
On December 11, 2013, Delverde
Industrie Alimentari S.p.A. (Delverde)
timely withdrew its request for review
of itself.2 Because no other interested
party requested a review of Delverde,
we are rescinding the review with
respect to Delverde in accordance with
19 CFR 351.213(d)(1).
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). A full description of
the methodology underlying our
conclusions is presented in the
Preliminary Decision Memorandum.
In making these findings, we relied, in
part, on an adverse inference in
selecting from among the facts
otherwise available because the
Government of Italy did not act to the
best of its ability to respond to the
Department’s requests for information
regarding certain programs.3 For further
discussion, see Preliminary Decision
Memorandum at ‘‘Use of Facts
Otherwise Available and Adverse
Inferences.’’
Finally, the Department was not able
to make a preliminary determination
concerning countervailability for certain
programs because it requires additional
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 53128,
53130–31 (August 28, 2013).
2 As explained in the Preliminary Decision
Memorandum, all deadlines in this administrative
review were tolled by 16 days. Therefore, the
deadline to withdraw review requests was
December 12, 2013.
3 See sections 776(a) and (b) of the Act.
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50616-50618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Recission of Countervailing Duty
Administrative Review; 2012
AGENCY: Enforcement and Compliance, 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, 2012, through December 31,
2012. We preliminarily determine that SRF Limited (SRF) and Jindal Poly
Films Limited of India (Jindal) received countervailable subsidies
during the POR. See the ``Preliminary Results of Review'' section,
below. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197 or (202) 482-2371, 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.
[[Page 50617]]
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 purposes. The written description of the scope of the order is
dispositive.
Partial Rescission of Administrative Review
On August 28, 2013, the Department initiated a review of eight
companies in this proceeding.\1\ On December 12, 2013, Petitioners and
SRF timely withdrew their requests for review. On the same date,
Polyplex USA and Flex USA (domestic interested parties) timely withdrew
their requests for reviews of all companies except Jindal and SRF.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocations in Part, 78 FR
53128 (August 28, 2013). The eight companies were Ester Industries
(Ester), Garware Polyester Ltd. (Garware), Jindal, MTZ Polyesters
Ltd. (MTZ), Polyplex Corporation Ltd. (Polyplex), SRF, Uflex Limited
(Uflex), and Vacmet. DuPont Teijin Films, Mitsubishi Polyester Film,
Inc., and SKC, Inc. (collectively Petitioners) requested a review
for six companies (Ester, Garware, Polyplex, SRF, Jindal, and
Vacmet). Polyplex, USA LLC (Polyplex USA) and Flex Films (USA) Inc.
(Flex USA) requested a review for eight companies (SRF, Jindal,
Polyplex, Garware, Ester, Uflex, MTZ, and Vacmet). In addition, SRF
self-requested an administrative review.
---------------------------------------------------------------------------
On December 18, 2013, Jindal and SRF filed a request with the
Department to reject Polyplex USA's and Flex USA's review requests in
both the antidumping duty and CVD proceedings because, they alleged,
the requestors did not have standing to request a review for the
current PORs. The Department made an interested party determination on
March 20, 2014, concluding that Polyplex USA and Flex USA were eligible
to request administrative reviews for this proceeding.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to Edward Yang, Director AD/CVD Operations,
Office VII, Enforcement and Compliance re: Interested Party Status
in the Antidumping Duty (AD) and Countervailing Duty (CVD)
Administrative Reviews: Polyethylene Terephthalate Film, Sheet, and
Strip (PET film) from India; 2012-2013 (March, 20, 2013).
---------------------------------------------------------------------------
As Petitioners', Polyplex USA's, and Flex USA's review and
withdrawal requests were timely filed, we are rescinding this
administrative review with respect to Polyplex, Garware, Ester, Uflex,
MTZ, and Vacmet (pursuant to 19 CFR 351.213(d)(1)), and proceeding with
the reviews of Jindal and SRF.
Methodology
The Department conducted this review in accordance with section
751(a)(l)(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.\3\ 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 Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, 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
preliminary results and hereby adopted by this notice.
---------------------------------------------------------------------------
\3\ 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 Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties 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 at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2012, through December 31, 2012 to be:
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
SRF Limited.................................................. 2.08
Jindal Poly Films Limited.................................... 8.36
------------------------------------------------------------------------
Assessment Rates and Cash Deposit Requirements
In accordance with 19 CFR 351.221(b)(4)(i), the Department assigned
a subsidy rate for each producer/exporter subject to this
administrative review. If these preliminary results are adopted in the
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 and Jindal, entered or
withdrawn from warehouse, for consumption from January 1, 2012, through
December 31, 2012, at 2.08 percent ad valorem and 8.36 percent ad
valorem, respectively, of the entered value.
The Department intends also to instruct CBP to collect cash
deposits of estimated CVDs at the rate of 2.08 percent ad valorem and
8.36 percent ad valorem, respectively, of the entered value on
shipments of the subject merchandise produced and/or exported by SRF
and Jindal, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review.\4\
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 cash deposit rates, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\4\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Disclosure and Public Comment
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.\5\
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.\6\ Rebuttal briefs must be limited to issues raised in the case
briefs.\7\ Parties who submit case or rebuttal briefs 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.\8\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\7\ See 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 Enforcement and
[[Page 50618]]
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's IA ACCESS system.\9\ 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.\10\ Parties should confirm by telephone the date,
time, and location of the hearing. Issues addressed at the hearing will
be limited to those raised in the briefs.\11\ All briefs and hearing
requests must be filed electronically and received successfully in
their entirety through IA ACCESS by 5:00 p.m. Eastern Time on the due
date.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 75l(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 75l(a)(l) and 777(i)(l) of the Act and 19 CFR
351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative Review
4. Subsidies Valuation
5. Analysis of Programs
[FR Doc. 2014-20154 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P
