Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Recission of Countervailing Duty Administrative Review; 2013, 46956-46957 [2015-19357]

Download as PDF 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 http:// 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 http:// 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 http://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 http://trade.gov/ enforcement/frn/index.html. 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]


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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 http://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 http://trade.gov/enforcement/frn/index.html. 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