Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012-2013, 50620-50621 [2014-20155]

Download as PDF 50620 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices remain the same as these preliminary results. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results of administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: August 18, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation Information VI. Analysis of Programs VII. Recommendation [FR Doc. 2014–20153 Filed 8–22–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from India. The period of review (POR) is July 1, 2012, through June 30, 2013. This review covers respondents Jindal Poly Films Limited (Jindal) and SRF Limited (SRF). The Department preliminarily determines that Jindal did, and that SRF did not, make sales of subject merchandise at prices below normal value (NV) during the POR. The preliminary results are listed below in the section titled ‘‘Preliminary Results of Review.’’ Interested parties are invited to comment on these preliminary results. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:31 Aug 22, 2014 Jkt 232001 Effective Date: August 25, 2014. Toni Page at (202) 482–1398; 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. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Scope of the Order The merchandise subject to the order is polyethylene terephthalate film, sheet, and strip. The PET Film subject to the order is currently classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the order is contained in 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, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India; 2012–2013 Administrative Review’’ (Preliminary Decision Memorandum), which is hereby adopted by this notice. The written description is dispositive. 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). Access to IA ACCESS is available to registered users at http:// 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 on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Partial Rescission of Administrative Review On August 28, 2013, the Department initiated a review of eight companies in this proceeding.1 On December 12, 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 2013, Petitioners timely withdrew their requests for all companies except Jindal. On the same date, SRF and Jindal timely withdrew their self-requested reviews. 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 AD and the countervailing duty 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 Because Petitioners’, Polyplex USA’s, and Flex USA’s withdrawal requests were timely filed, we are rescinding this administrative review with respect to Polyplex, Garware, Ester, Uflex, MTZ, and Vacmet, and proceeding with the review of Jindal and SRF.3 Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period July 1, 2012, through June 30, 2013. (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, Jindal and SRF self-requested administrative reviews. 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). 3 See 19 CFR 351.213(d)(1). E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices entries in accordance with 19 CFR 351.212(b)(1). We intend to issue Manufacturer/exporter instructions to CBP 15 days after the date of publication of the final results of Jindal Poly Films Limited .......... 1.57 this review. If Jindal’s or SRF’s weighted-average SRF Limited .............................. 0.00 dumping margins are not zero or de minimis (i.e., less than 0.5 percent) in Disclosure and Public Comment the final results of this review, we will The Department will disclose to calculate an importer-specific interested parties the calculations assessment rate on the basis of the ratio performed in connection with these of the total amount of dumping preliminary results within five days of calculated for the importer’s examined the date of publication of this notice.4 sales and the total entered value of the Pursuant to 19 CFR 351.309(c), sales in accordance with 19 CFR interested parties may submit cases 351.212(b)(1). Where the respondents’ briefs no later than 30 days after the weighted-average dumping margin is date of publication of this notice.5 zero or de minimis, or an importerRebuttal briefs, limited to issues raised specific assessment rate is zero or de in the case briefs, may be filed not later minimis, we will instruct CBP to than five days after the date for filing liquidate the appropriate entries case briefs.6 Parties who submit case without regard to antidumping duties. briefs or rebuttal briefs in this Cash Deposit Requirements proceeding are encouraged to submit with each argument: (1) A statement of The following deposit requirements the issue; (2) a brief summary of the will be effective for all shipments of argument; and (3) a table of authorities.7 PET Film from India entered, or Case and rebuttal briefs should be filed withdrawn from warehouse, for using IA ACCESS.8 In order to be consumption on or after the date of properly filed, IA ACCESS must publication of the final results of this successfully receive an electronicallyadministrative review, as provided for filed document in its entirety by 5 p.m. by section 751(a)(2)(C) of the Act: (1) Eastern Time. The cash deposit rate for the company Pursuant to 19 CFR 351.310(c), under review will be the rate interested parties who wish to request a established in the final results of this hearing, or to participate if one is review (except, if the rate is zero or de requested, must submit a written minimis, i.e., less than 0.5 percent, no request to the Assistant Secretary for cash deposit will be required); (2) for Enforcement and Compliance, filed previously reviewed or investigated electronically via IA ACCESS, within 30 companies not listed above, the cash days after the date of publication of this deposit rate will continue to be the notice.9 Requests should contain: (1) company-specific rate published for the The party’s name, address, and most recent period; (3) if the exporter is telephone number; (2) the number of not a firm covered in this review, a prior participants; and (3) a list of issues to be review, or the less-than-fair-value discussed. Issues raised in the hearing investigation, but the manufacturer is, will be limited to those raised in the the cash deposit rate will be the rate respective case briefs. established for the most recent period The Department will issue the final for the manufacturer of the results of this administrative review, merchandise; and (4) if neither the including the results of its analysis of exporter nor the manufacturer is a firm the issues raised in any written briefs, covered in this or any previous review, not later than 120 days after the date of the cash deposit rate will be the all publication of this notice, pursuant to others rate for this proceeding, 5.71 section 751(a)(3)(A) of the Act, unless percent. These deposit requirements, that time is extended. when imposed, shall remain in effect until further notice. Assessment Rates Upon completion of the Notification to Interested Parties administrative review, the Department This notice also serves as a shall determine, and U.S. Customs and preliminary reminder to importers of Border Protection (CBP) shall assess, their responsibility under 19 CFR antidumping duties on all appropriate 351.402(f)(2) to file a certificate regarding the reimbursement of 4 See 19 CFR 351.224(b). antidumping duties prior to liquidation 5 See 19 CFR 351.309(c)(ii). of the relevant entries during this 6 See 19 CFR 351.309(d). review period. Failure to comply with 7 See 19 CFR 351.309(c)(2) and (d)(2). 8 See 19 CFR 351.303. this requirement could result in the 9 See 19 CFR 351.310(c). Secretary’s presumption that emcdonald on DSK67QTVN1PROD with NOTICES Weightedaverage margin (%) VerDate Mar<15>2010 17:31 Aug 22, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 50621 reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results 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. Summary 2. Background 3. Partial Rescission 4. Scope of the Order 5. Comparisons to Normal Value 6. Product Comparisons 7. Date of Sale 8. Export Price 9. Normal Value 10. Currency Conversion 11. Recommendation [FR Doc. 2014–20155 Filed 8–22–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee Meeting International Trade Administration, DOC. ACTION: Notice of federal advisory committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Thursday, September 4, 2014, at 9:00 a.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held in Room 4830, U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Ave. NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, ITA, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the SUMMARY: E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50620-50621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty (AD) order on 
polyethylene terephthalate film, sheet, and strip (PET Film) from 
India. The period of review (POR) is July 1, 2012, through June 30, 
2013. This review covers respondents Jindal Poly Films Limited (Jindal) 
and SRF Limited (SRF). The Department preliminarily determines that 
Jindal did, and that SRF did not, make sales of subject merchandise at 
prices below normal value (NV) during the POR. The preliminary results 
are listed below in the section titled ``Preliminary Results of 
Review.'' Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: August 25, 2014.

FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398; 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.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is polyethylene terephthalate 
film, sheet, and strip. The PET Film subject to the order is currently 
classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States (HTSUS). The HTSUS subheading is provided 
for convenience and customs purposes. A full description of the scope 
of the order is contained in 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, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2012-2013 
Administrative Review'' (Preliminary Decision Memorandum), which is 
hereby adopted by this notice. The written description is dispositive.
    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). 
Access to IA ACCESS is available to registered users at http://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 on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

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 
timely withdrew their requests for all companies except Jindal. On the 
same date, SRF and Jindal timely withdrew their self-requested reviews. 
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, 
Jindal and SRF self-requested administrative reviews.
---------------------------------------------------------------------------

    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 AD and the countervailing duty 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\
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    \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).
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    Because Petitioners', Polyplex USA's, and Flex USA's withdrawal 
requests were timely filed, we are rescinding this administrative 
review with respect to Polyplex, Garware, Ester, Uflex, MTZ, and 
Vacmet, and proceeding with the review of Jindal and SRF.\3\
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    \3\ See 19 CFR 351.213(d)(1).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2012, 
through June 30, 2013.

[[Page 50621]]



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                                                              Weighted-
                   Manufacturer/exporter                       average
                                                              margin (%)
------------------------------------------------------------------------
Jindal Poly Films Limited..................................         1.57
SRF Limited................................................         0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\4\ Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs no later than 30 
days after the date of publication of this notice.\5\ 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.\6\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\ Case and 
rebuttal briefs should be filed using IA ACCESS.\8\ In order to be 
properly filed, IA ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time.
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), 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, filed electronically via IA ACCESS, within 30 days after 
the date of publication of this notice.\9\ Requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    The Department will issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act, unless that time is extended.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We intend to issue instructions to CBP 15 days after the 
date of publication of the final results of this review.
    If Jindal's or SRF's weighted-average dumping margins are not zero 
or de minimis (i.e., less than 0.5 percent) in the final results of 
this review, we will calculate an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where the respondents' 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, no cash deposit will be required); (2) for previously reviewed 
or investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review, the cash deposit rate will be the all others 
rate for this proceeding, 5.71 percent. These deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Interested Parties

    This notice also 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 the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results 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. Summary
2. Background
3. Partial Rescission
4. Scope of the Order
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2014-20155 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P