Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2012, 11163-11164 [2015-04274]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.2 Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.3 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. 3 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’) on Enforcement and Compliance’s ACCESS Web site at http:// access.trade.gov.4 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of March 2015. If the Department does not receive, by the last day of March 2015, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: February 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–04275 Filed 2–27–15; 8:45 am] BILLING CODE 3510–DS–P 2 See VerDate Sep<11>2014 16:55 Feb 27, 2015 Jkt 235001 4 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 11163 DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 25, 2014, the Department published the preliminary results of the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India.1 The period of review (POR) is January 1, 2012, through December 31, 2012. Based on an analysis of the comments received, the Department has made changes to the subsidy rate determined for Jindal Poly Films Limited (Jindal) and SRF Limited (SRF). The final subsidy rates are listed in the ‘‘Final Results of Administrative Review’’ section below. DATES: Effective Date: March 2, 2015. FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0197. AGENCY: Scope 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 purposes. The written description of the scope of the order is dispositive. Analysis of Comments Received The issues raised by Jindal and SRF in their case briefs are addressed in the Issues and Decision Memorandum.2 The 1 See Polyethylene Terephthalate Film, Sheet and Strip From India: Preliminary Results And Partial Rescission of Countervailing Duty Administrative Review; 2012, 79 FR 50616 (August 25, 2014) (Preliminary Results 2012). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and E:\FR\FM\02MRN1.SGM Continued 02MRN1 11164 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices issues are identified in the Appendix to this notice. 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).3 ACCESS is available to registered users at http://access.trade.gov and 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 http://trade.gov/ enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on the comments received from Jindal, SRF, and domestic interested parties Polyplex USA LLC and Flex USA, we made the following changes to our rate calculations for Jindal and SRF: We adjusted the cash deposit rates for Jindal and SRF, as necessary, to exclude the foreign currency denominated preand post-export financing benefits. Further, we revised our allocation calculations and adjusted the numerator in our subsidy rate calulations for Jindal with respect to the Status Holder Incentive Scheme (SHIS). For a discussion of these issues, see the Issues and Decision Memorandum. Final Results of Administrative Review asabaliauskas on DSK5VPTVN1PROD with NOTICES In accordance with section 777A(e)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(b)(5), we calculated individual ad valorem subsidy rates for Jindal and SRF, for the POR for this administrative review. Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), the Department intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of the final results of this review. The Department will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by Jindal and SRF, respectively, entered or withdrawn from warehouse, for consumption from January 1, 2012, through December 31, 2012, at 7.66 percent ad valorem and at 2.03 percent ad valorem, respectively, of the entered value. The Department intends also to instruct CBP to collect cash deposits of estimated countervailing duties at the rate of 7.66 percent ad valorem for Jindal and of 2.03 4 percent ad valorem for SRF 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 countervailing duty rate for the most recent period or the all-others rate established in the investigation. These cash deposit rates, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary Subsidy information disclosed under APO in Manufacturer/exporter rate accordance with 19 CFR 351.305(a)(3), (percent) which continues to govern business Jindal Poly Films Limited ............ 7.66 proprietary information in this segment SRF Limited ................................ 2.03 of proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial Countervailing Duty Operations, to Paul Piquado, protective order is hereby requested. Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for Failure to comply with the regulations the Final Results of Countervailing Duty and terms of an APO is a violation Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip (PET film) from India; 2012,’’ which is subject to sanction. dated concurrently with this notice and herein These final results are issued and incorporated by reference (Issues and Decision published in accordance with sections Memorandum). 3 On November 24, 2014, Enforcement and 751(a)(1) and 777(i)(1) of the Act. 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 http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). VerDate Sep<11>2014 16:55 Feb 27, 2015 Jkt 235001 4 These rates reflect the cash-deposit rates adjusted for the termination of the pre- and postshipment export financing program in foreign currency. See 19 CFR 351.526(a). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Dated: February 23, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Issues and Decision Memorandum I. Summary II. Background Scope of the Order III. Subsidies Valuation Information A. Allocation Period B. Benchmarks Interest Rates C. Denominator IV. Analysis of Programs 1. Programs Determined To Be Countervailable 2. Program Determined To Be Terminated 3. Programs Determined To Be Not Used V. Analysis of Comments Comment 1: Whether There Has Been A Program-Wide Change for Pre-Shipment Export Financing in Foreign Currency and Adjustment of the Cash Deposit Rate. Comment 2: Whether The Department Wrongly Countervailed Export Promotion Capital Goods Scheme (EPCGS) Benefits That Apply To NonSubject Merchandise. Comment 3: Whether the Department Used The Wrong Numerator To Calculate The POR Benefit For The Status Holder Incentive Scheme (SHIS). Comment 4: Whether The Department Made An Error In Calculating The POR Benefit for the SHIS. Comment 5: Whether The Value Added Tax (VAT) And Central Sales Tax (CST) Refunds Under The Industrial Promotion Subsidy (IPS) Of The State Government Of Maharashtra’s (SGOM) Package Scheme Of Incentives (PSI) Is Countervailable. [FR Doc. 2015–04274 Filed 2–27–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating the five-year review (‘‘Sunset Review’’) of the antidumping and countervailing duty (‘‘AD/CVD’’) orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective (March 1, 2015). AGENCY: E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11163-11164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04274]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip from India: 
Final Results of Countervailing Duty Administrative Review; 2012

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

SUMMARY: On August 25, 2014, the Department published the preliminary 
results of the administrative review of the countervailing duty order 
on polyethylene terephthalate film, sheet, and strip (PET film) from 
India.\1\ The period of review (POR) is January 1, 2012, through 
December 31, 2012. Based on an analysis of the comments received, the 
Department has made changes to the subsidy rate determined for Jindal 
Poly Films Limited (Jindal) and SRF Limited (SRF). The final subsidy 
rates are listed in the ``Final Results of Administrative Review'' 
section below.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet and Strip From 
India: Preliminary Results And Partial Rescission of Countervailing 
Duty Administrative Review; 2012, 79 FR 50616 (August 25, 2014) 
(Preliminary Results 2012).

---------------------------------------------------------------------------
DATES: Effective Date: March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
VII, Enforcement and Compliance, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-0197.

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

Analysis of Comments Received

    The issues raised by Jindal and SRF in their case briefs are 
addressed in the Issues and Decision Memorandum.\2\ The

[[Page 11164]]

issues are identified in the Appendix to this notice. 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).\3\ ACCESS is available 
to registered users at http://access.trade.gov and 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 http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Results of 
Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from India; 2012,'' 
dated concurrently with this notice and herein incorporated by 
reference (Issues and Decision Memorandum).
    \3\ 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 http://iaaccess.trade.gov to http://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 the comments received from Jindal, SRF, and domestic 
interested parties Polyplex USA LLC and Flex USA, we made the following 
changes to our rate calculations for Jindal and SRF: We adjusted the 
cash deposit rates for Jindal and SRF, as necessary, to exclude the 
foreign currency denominated pre- and post-export financing benefits. 
Further, we revised our allocation calculations and adjusted the 
numerator in our subsidy rate calulations for Jindal with respect to 
the Status Holder Incentive Scheme (SHIS). For a discussion of these 
issues, see the Issues and Decision Memorandum.

Final Results of Administrative Review

    In accordance with section 777A(e)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.221(b)(5), we calculated individual ad 
valorem subsidy rates for Jindal and SRF, for the POR for this 
administrative review.

------------------------------------------------------------------------
                                                                Subsidy
                    Manufacturer/exporter                        rate
                                                               (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited...................................        7.66
SRF Limited.................................................        2.03
------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. 
The Department will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by Jindal and SRF, respectively, 
entered or withdrawn from warehouse, for consumption from January 1, 
2012, through December 31, 2012, at 7.66 percent ad valorem and at 2.03 
percent ad valorem, respectively, of the entered value.
    The Department intends also to instruct CBP to collect cash 
deposits of estimated countervailing duties at the rate of 7.66 percent 
ad valorem for Jindal and of 2.03 \4\ percent ad valorem for SRF 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 
countervailing duty rate for the most recent period or the all-others 
rate established in the investigation. These cash deposit rates, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ These rates reflect the cash-deposit rates adjusted for the 
termination of the pre- and post-shipment export financing program 
in foreign currency. See 19 CFR 351.526(a).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Issues and Decision Memorandum

I. Summary
II. Background
    Scope of the Order
III. Subsidies Valuation Information
    A. Allocation Period
    B. Benchmarks Interest Rates
    C. Denominator
IV. Analysis of Programs
    1. Programs Determined To Be Countervailable
    2. Program Determined To Be Terminated
    3. Programs Determined To Be Not Used
V. Analysis of Comments
    Comment 1: Whether There Has Been A Program-Wide Change for Pre-
Shipment Export Financing in Foreign Currency and Adjustment of the 
Cash Deposit Rate.
    Comment 2: Whether The Department Wrongly Countervailed Export 
Promotion Capital Goods Scheme (EPCGS) Benefits That Apply To Non-
Subject Merchandise.
    Comment 3: Whether the Department Used The Wrong Numerator To 
Calculate The POR Benefit For The Status Holder Incentive Scheme 
(SHIS).
    Comment 4: Whether The Department Made An Error In Calculating 
The POR Benefit for the SHIS.
    Comment 5: Whether The Value Added Tax (VAT) And Central Sales 
Tax (CST) Refunds Under The Industrial Promotion Subsidy (IPS) Of 
The State Government Of Maharashtra's (SGOM) Package Scheme Of 
Incentives (PSI) Is Countervailable.

[FR Doc. 2015-04274 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P