Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2013, 46956-46957 [2015-19357]
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46956
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices
Analysis of Comments Received
All issues raised in these reviews,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the orders
are revoked, are addressed in the
accompanying Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is accessible to
registered users at https://
access.trade.gov and to all parties in the
Department’s Central Records Unit,
Room B8024 of the Department’s main
building. In addition, a complete
version of the Issues and Decision
Memorandum can be viewed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Dated: July 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–19358 Filed 8–5–15; 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; 2013
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, 2013,
through December 31, 2013. We
Final Results of Sunset Reviews
preliminarily determine that Jindal Poly
Pursuant to sections 751(c)(1) and
Films Limited of India (Jindal) and SRF
752(c)(1)–(3) of the Act, we determine
Limited (SRF) received countervailable
that revocation of the antidumping duty subsidies during the POR. See the
‘‘Preliminary Results of Review’’
orders on CVP–23 from India and the
section, below. Interested parties are
PRC would likely lead to continuation
invited to comment on these
or recurrence of dumping up to the
preliminary results.
following weighted-average margin
percentages:
DATES: Effective date: August 6, 2015.
FOR FURTHER INFORMATION CONTACT: Elfi
Weighted- Blum, AD/CVD Operations, Office VII,
average
Enforcement and Compliance,
Country
dumping
International Trade Administration,
margin
U.S. Department of Commerce, 14th
(percent)
Street and Constitution Avenue NW.,
India ............................................
44.80 Washington, DC 20230; telephone: (202)
PRC ............................................
241.32 482–0197.
tkelley on DSK3SPTVN1PROD with NOTICES
Notification to Interested Parties
This notice serves as the only
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.
Timely 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 violation which is subject to
sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 771(i)(1) of
the Act and 19 CFR 351.218.
VerDate Sep<11>2014
17:50 Aug 05, 2015
Jkt 235001
AGENCY:
Partial Rescission of Administrative
Review
The Department initiated a review of
eight companies in this proceeding.1 In
response to timely filed withdrawal
requests, we are rescinding this
administrative review with respect to
MTZ and Uflex pursuant to 19 CFR
351.213(d)(1). Accordingly, the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
51548 (August 29, 2014) (Initiation Notice). The
seven companies were Ester Industries Limited
(Ester), Garware Polyester Ltd. (Garware), Jindal
Poly Films Limited of India (Jindal), MTZ
Polyesters Ltd. (MTZ), Polyplex Corporation Ltd.
(Polyplex), SRF Limited (SRF), and Vacmet. See
also, Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 79 FR 76956
(December 23, 2014). The one additional company
was Uflex Ltd (Uflex), which was inadvertently
omitted from the prior initiation notice.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
companies subject to the instant review
are: Ester, Garware, Polyplex, SRF,
Jindal, Vacmet, and Vacmet India
Limited, of which the Department has
selected Jindal and SRF as the
mandatory respondents.2
Scope of the Order
For purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed polyethylene
terephthalate film, sheet and strip,
whether extruded or coextruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
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, Deputy Assistant
Secretary for Enforcement and
Compliance, titled ‘‘Decision
Memorandum for the Preliminary
Results and Partial Rescission of the
Countervailing Duty (CVD)
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip
(PET film) from India; 2013’’
(Preliminary Decision Memorandum),
dated concurrently with, 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 (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
2 See
Preliminary Decision Memorandum.
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.
3 See
E:\FR\FM\06AUN1.SGM
06AUN1
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices
Central Records Unit, room B8024 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/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Companies Not Selected for Individual
Review
For the companies not selected for
individual review (Ester, Garware,
Polyplex, Vacmet, and Vacmet India
Limited), because the rates calculated
for Jindal and SRF were above de
minimis and not based entirely on facts
available, we applied, consistent with
section 705(c)(5)(A) of the Act, a
subsidy rate based on a weighted
average of the subsidy rates calculated
for Jindal and SRF using publicly
ranged sales data submitted by
respondents.
Preliminary Results of Review
We determine the total estimated net
countervailable subsidy rates for the
period January 1, 2013, through
December 31, 2013 to be:
Manufacturer/exporter
Subsidy rate
(percent
ad valorem)
Jindal Poly Films of India
Limited ...............................
SRF Limited ..........................
Ester Industries Limited ........
Garware Polyester Ltd ..........
Polyplex Corporation Ltd ......
Vacmet ..................................
Vacmet India Limited ............
9.86
2.11
6.65
6.65
6.65
6.65
6.65
tkelley on DSK3SPTVN1PROD 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
preliminary results.4 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.5 Rebuttal briefs must be limited
to issues raised in the case briefs.6
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.7
Interested parties who wish to request
a hearing, must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.8
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.9 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.10 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject
to this administrative review. Upon
issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
7 See
4 See
19 CFR 351.224(b).
5 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
6 See 19 CFR 351.309(d)(2).
VerDate Sep<11>2014
17:50 Aug 05, 2015
Jkt 235001
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
9 See 19 CFR 351.310.
10 See 19 CFR 351.310(c).
8 See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
46957
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(l) and 777(i)(l) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: July 31, 2015.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Partial Rescission of Administrative
Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
7. Recommendation
[FR Doc. 2015–19357 Filed 8–5–15; 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; 2013–2014
Enforcement and Compliance,
International Trade Administration,
U.S. 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, 2013,
through June 30, 2014. The Department
preliminarily determines that Jindal did
not, and that SRF did, 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 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo at (202) 482–2371; AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
AGENCY:
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46956-46957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19357]
-----------------------------------------------------------------------
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; 2013
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, 2013, through December 31,
2013. We preliminarily determine that Jindal Poly Films Limited of
India (Jindal) and SRF Limited (SRF) 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 6, 2015.
FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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.
Partial Rescission of Administrative Review
The Department initiated a review of eight companies in this
proceeding.\1\ In response to timely filed withdrawal requests, we are
rescinding this administrative review with respect to MTZ and Uflex
pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies subject to
the instant review are: Ester, Garware, Polyplex, SRF, Jindal, Vacmet,
and Vacmet India Limited, of which the Department has selected Jindal
and SRF as the mandatory respondents.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation
Notice). The seven companies were Ester Industries Limited (Ester),
Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of India
(Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd.
(Polyplex), SRF Limited (SRF), and Vacmet. See also, Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 79 FR
76956 (December 23, 2014). The one additional company was Uflex Ltd
(Uflex), which was inadvertently omitted from the prior initiation
notice.
\2\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order
For purposes of the order, the products covered are all gauges of
raw, pretreated, or primed polyethylene terephthalate film, sheet and
strip, whether extruded or coextruded. Excluded are metallized films
and other finished films that have had at least one of their surfaces
modified by the application of a performance-enhancing resinous or
inorganic layer of more than 0.00001 inches thick. Imports of PET film
are classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided
for convenience and customs purposes. The written description of the
scope of the order is dispositive.
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, Deputy Assistant
Secretary for Enforcement and Compliance, titled ``Decision Memorandum
for the Preliminary Results and Partial Rescission of the
Countervailing Duty (CVD) Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip (PET film) from India; 2013''
(Preliminary Decision Memorandum), dated concurrently with, 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 (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the
[[Page 46957]]
Central Records Unit, room B8024 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/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Companies Not Selected for Individual Review
For the companies not selected for individual review (Ester,
Garware, Polyplex, Vacmet, and Vacmet India Limited), because the rates
calculated for Jindal and SRF were above de minimis and not based
entirely on facts available, we applied, consistent with section
705(c)(5)(A) of the Act, a subsidy rate based on a weighted average of
the subsidy rates calculated for Jindal and SRF using publicly ranged
sales data submitted by respondents.
Preliminary Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2013, through December 31, 2013 to be:
------------------------------------------------------------------------
Subsidy rate
Manufacturer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Jindal Poly Films of India Limited...................... 9.86
SRF Limited............................................. 2.11
Ester Industries Limited................................ 6.65
Garware Polyester Ltd................................... 6.65
Polyplex Corporation Ltd................................ 6.65
Vacmet.................................................. 6.65
Vacmet India Limited.................................... 6.65
------------------------------------------------------------------------
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.\4\
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.\5\ Rebuttal briefs must be limited to issues raised in the case
briefs.\6\ 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.\7\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\6\ See 19 CFR 351.309(d)(2).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\8\ 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.\9\ 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.\10\ All briefs and hearing
requests must be filed electronically and received successfully in
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due
date.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310.
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject to this administrative review.
Upon issuance of the final results, the Department shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, countervailing
duties on all appropriate entries covered by this review. We intend to
issue instructions to CBP 15 days after publication of the final
results of review.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties, in the amounts shown above for each of the
respective companies shown above, on shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. 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, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
These preliminary results of review are issued and published in
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 31, 2015.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Partial Rescission of Administrative Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
7. Recommendation
[FR Doc. 2015-19357 Filed 8-5-15; 8:45 am]
BILLING CODE 3510-DS-P
