Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2012-2013, 11160-11161 [2015-04273]
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11160
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
issuance of these final results from
December 23, 2014 to February 23,
2015.4
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824]
Polyethylene Terephthalate Film,
Sheet, and Strip From India: Final
Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) published its
preliminary results of the administrative
review of the antidumping duty (AD)
order on polyethylene terephthalate
film, sheet, and strip (PET Film) from
India on August 25, 2014.1 The period
of review is July 1, 2012, through June
30, 2013. This review covers
respondents Jindal Poly Films Limited
(Jindal) and SRF Limited (SRF). For the
final results, we continue to find that
Jindal did, and that SRF did not, make
sales of subject merchandise at less than
normal value.
DATES: Effective Date: March 2, 2015.
FOR FURTHER INFORMATION CONTACT:
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) 482–2371.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 25, 2014, the Department
published the Preliminary Results. We
invited interested parties to comment on
the Preliminary Results. Jindal
submitted a case brief on October 1,
2014. SRF submitted a letter in lieu of
a case brief on the same day, stating that
it agrees with the Preliminary Results.
On September 5, 2014, the
Department issued a supplemental
questionnaire to Jindal,2 and received a
response from Jindal on September 12,
2014.3
On November 18, 2014, the
Department extended the deadline for
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1 See
Polyethylene Terephthalate Film, Sheet, and
Strip From India: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 50620 (August 25, 2014)
(Preliminary Results).
2 See Department letter to Jindal, ‘‘2012–2013
Administrative Review of Polyethylene
Terephthalate (PET) Film Sheet and Strip from
India, Second Supplemental Questionnaire,’’ dated
September 5, 2014.
3 See Letter from Jindal Poly Films Ltd.,
‘‘Polyethylene Terephthalate Film, Sheet and Strip
from India/Antidumping Duty/Jindal Poly Films
Ltd./Response to Second Supplemental
Questionnaire,’’ dated September 12, 2014.
VerDate Sep<11>2014
16:55 Feb 27, 2015
Jkt 235001
Scope of the Order
The products covered by the AD order
are all gauges of raw, pretreated, or
primed PET Film, 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
currently 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 antidumping duty order is
dispositive.
Analysis of Comments Received
All issues raised in the case brief are
addressed in the Issues and Decision
Memorandum. A list of issues raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).5
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
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://trade.gov/enforcement/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Results, we have made no changes to
SRF’s or Jindal’s calculations. However,
both SRF’s and Jindal’s final rate in the
companion countervailing duty
administrative review has changed since
the preliminary results of that review.6
Since the changes in the countervailing
duty rates are partially attributable to
changes in their export subsidies, we
have adjusted SRF’s and Jindal’s
reported U.S. prices and, accordingly,
recalculated the weighted-average
dumping margins for Jindal and SRF for
these final results.7
Final Results of Review
As a result of our review, we
determine the following weightedaverage dumping margins exist for the
period July 1, 2012, through June 30,
2013.
Producer or exporter
Jindal Poly Films Limited ............
SRF Limited ................................
Weightedaverage
dumping
margin
(percent)
1.89
0.00
Assessment Rates
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
The Department determines, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. We will instruct
CBP to liquidate entries of merchandise
produced and/or exported by Jindal and
SRF. The Department will issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of review. Where a respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), the Department will calculate
importer-specific assessment rates.
Where the respondent reported the
entered value for its sales, we calculated
importer-specific ad valorem
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of those same sales.8
However, where the respondent did not
report the entered value for its sales, we
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Operations, ‘‘Polyethylene
Terphthalate Film, Sheet and Strip from India:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review—2012–
2013’’ (November 18, 2014).
5 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to ACCESS. The
Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
6 See Polyethylene Terephthalate Film, Sheet, and
Strip From India: Preliminary Results and Partial
Recission of Countervailing Duty Administrative
Reivew; 2012, 79 FR 50616, 50617 (August 25,
2014).
7 See Memoranda to Thomas Gilgunn, Program
Manager ‘‘Analysis Memorandum for the Final
Results of the Antidumping Duty Administrative
Review of Polyethylene Terephthalate Film, Sheet,
and Strip from India: Jindal Poly Films Limited,
and ‘‘Analysis Memorandum for the Final Results
of the Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip
from India: SRF Limited,’’ both dated concurrently
with these final results.
8 See 19 CFR 351.212(b).
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
will calculate importer-specific per-unit
duty assessment rates. We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review where the actual or estimated ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is zero or de minimis.9
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 equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis,
i.e., less than 0.5 percent, then the cash
deposit rate will be zero); (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period for that company; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established in the
completed segment 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 other completed
segment of this proceeding, then 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.
Notifications to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
I. Summary
II. Background
Scope of the Order
III. Discussion of the Issues
Comment 1: Quantity Discount Adjustment
Comment 2: Consideration of an
Alternative Comparison Method in
Administrative Reviews
Comment 3: Differential Pricing Analysis
[FR Doc. 2015–04273 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a final 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.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
Background
9 See
19 CFR 351.106(c)(1).
VerDate Sep<11>2014
16:55 Feb 27, 2015
Jkt 235001
AGENCY:
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
11161
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within
five days of placement of the CBP data
on the record of the review.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
E:\FR\FM\02MRN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11160-11161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04273]
[[Page 11160]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) published its
preliminary results of the administrative review of the antidumping
duty (AD) order on polyethylene terephthalate film, sheet, and strip
(PET Film) from India on August 25, 2014.\1\ The period of review is
July 1, 2012, through June 30, 2013. This review covers respondents
Jindal Poly Films Limited (Jindal) and SRF Limited (SRF). For the final
results, we continue to find that Jindal did, and that SRF did not,
make sales of subject merchandise at less than normal value.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
India: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2012-2013, 79 FR 50620 (August 25, 2014)
(Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: March 2, 2015.
FOR FURTHER INFORMATION CONTACT: 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) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On August 25, 2014, the Department published the Preliminary
Results. We invited interested parties to comment on the Preliminary
Results. Jindal submitted a case brief on October 1, 2014. SRF
submitted a letter in lieu of a case brief on the same day, stating
that it agrees with the Preliminary Results.
On September 5, 2014, the Department issued a supplemental
questionnaire to Jindal,\2\ and received a response from Jindal on
September 12, 2014.\3\
---------------------------------------------------------------------------
\2\ See Department letter to Jindal, ``2012-2013 Administrative
Review of Polyethylene Terephthalate (PET) Film Sheet and Strip from
India, Second Supplemental Questionnaire,'' dated September 5, 2014.
\3\ See Letter from Jindal Poly Films Ltd., ``Polyethylene
Terephthalate Film, Sheet and Strip from India/Antidumping Duty/
Jindal Poly Films Ltd./Response to Second Supplemental
Questionnaire,'' dated September 12, 2014.
---------------------------------------------------------------------------
On November 18, 2014, the Department extended the deadline for
issuance of these final results from December 23, 2014 to February 23,
2015.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Operations,
``Polyethylene Terphthalate Film, Sheet and Strip from India:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review--2012-2013'' (November 18, 2014).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the AD order are all gauges of raw,
pretreated, or primed PET Film, 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 currently 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
antidumping duty order is dispositive.
Analysis of Comments Received
All issues raised in the case brief are addressed in the Issues and
Decision Memorandum. A list of issues raised and to which we respond in
the Issues and Decision Memorandum is attached to this notice as an
Appendix. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS).\5\ 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 Issues and Decision Memorandum can
be accessed directly on the Internet at https://trade.gov/enforcement/.
The signed Issues and Decision Memorandum and the electronic versions
of the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to ACCESS. The Web site
location was changed from https://iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the
Regulations can be found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made no
changes to SRF's or Jindal's calculations. However, both SRF's and
Jindal's final rate in the companion countervailing duty administrative
review has changed since the preliminary results of that review.\6\
Since the changes in the countervailing duty rates are partially
attributable to changes in their export subsidies, we have adjusted
SRF's and Jindal's reported U.S. prices and, accordingly, recalculated
the weighted-average dumping margins for Jindal and SRF for these final
results.\7\
---------------------------------------------------------------------------
\6\ See Polyethylene Terephthalate Film, Sheet, and Strip From
India: Preliminary Results and Partial Recission of Countervailing
Duty Administrative Reivew; 2012, 79 FR 50616, 50617 (August 25,
2014).
\7\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis
Memorandum for the Final Results of the Antidumping Duty
Administrative Review of Polyethylene Terephthalate Film, Sheet, and
Strip from India: Jindal Poly Films Limited, and ``Analysis
Memorandum for the Final Results of the Antidumping Duty
Administrative Review of Polyethylene Terephthalate Film, Sheet, and
Strip from India: SRF Limited,'' both dated concurrently with these
final results.
---------------------------------------------------------------------------
Final Results of Review
As a result of our review, we determine the following weighted-
average dumping margins exist for the period July 1, 2012, through June
30, 2013.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Limited................................... 1.89
SRF Limited................................................. 0.00
------------------------------------------------------------------------
Assessment Rates
The Department determines, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. We
will instruct CBP to liquidate entries of merchandise produced and/or
exported by Jindal and SRF. The Department will issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review. Where a respondent's weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent), the Department
will calculate importer-specific assessment rates. Where the respondent
reported the entered value for its sales, we calculated importer-
specific ad valorem assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales to the total
entered value of those same sales.\8\ However, where the respondent did
not report the entered value for its sales, we
[[Page 11161]]
will calculate importer-specific per-unit duty assessment rates. We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review where the actual or estimated ad valorem
assessment rate calculated in the final results of this review is not
zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct
CBP to liquidate without regard to antidumping duties any entries for
which the assessment rate is zero or de minimis.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b).
\9\ See 19 CFR 351.106(c)(1).
---------------------------------------------------------------------------
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 equal to the weighted-average dumping margin
established in the final results of this review (except, if the rate is
de minimis, i.e., less than 0.5 percent, then the cash deposit rate
will be zero); (2) for previously reviewed or investigated companies
not listed above, the cash deposit rate will continue to be the
company-specific rate published in the completed segment for the most
recent period for that company; (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 in the completed segment 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 other
completed segment of this proceeding, then 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 Importers
This notice serves as a final 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.
Notifications to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: February 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
Scope of the Order
III. Discussion of the Issues
Comment 1: Quantity Discount Adjustment
Comment 2: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 3: Differential Pricing Analysis
[FR Doc. 2015-04273 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P
