Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2013-2014, 7750-7751 [2016-03083]

Download as PDF 7750 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices that Meridian’s trim kits are excluded from the scope of the Orders constitutes a final decision of that court that is not in harmony with the Department’s Final Scope Ruling on Refrigerator Trim Kits. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the trim kits at issue pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In accordance with the Courts instructions in Meridian IV, we determine that Meridian’s trim kits are excluded from the scope of the Orders as finished goods kits. Amended Final Determination Because there is now a final court decision with respect to the Final Scope Ruling on Refrigerator Trim Kits, the Department amends its final scope ruling. The Department finds that the scope of the Orders does not cover the products addressed in the Final Scope Ruling on Refrigerator Trim Kits. The Department will instruct U.S. Customs and Border Protection (CBP) that the cash deposit rate will be zero percent for the refrigerator/freezer trim kits imported by Meridian. In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate entries of Meridian’s Refrigerator Trim Kits without regard to antidumping and/or countervailing duties, and to lift suspension of liquidation of such entries. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: February 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–02998 Filed 2–12–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration mstockstill on DSK4VPTVN1PROD with NOTICES [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: For the final results of the administrative review of the antidumping duty (AD) order on AGENCY: VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 polyethylene terephthalate film, sheet, and strip (PET Film) from India, we find that Jindal Poly Films Limited (Jindal) and the four-non selected respondents made sales of subject merchandise at less than normal value; we also find that SRF Limited (SRF) did not make sales of subject merchandise at less than normal value. The period of review is July 1, 2013, through June 30, 2014. DATES: Effective date: February 16, 2016. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alexander Cipolla, 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 and (202) 482–4956, respectively. SUPPLEMENTARY INFORMATION: Background On August 6, 2015, the Department of Commerce (the Department) published the Preliminary Results.1 For a history of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 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). ACCESS is available to registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 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/login.aspx. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been 1 See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2013–2014, 80 FR 46957 (August 6, 2015) (Preliminary Results). 2 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film From India; 2013– 2014 Administrative Review’’ (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 extended by four business days. The revised deadline for the final results of this review is now February 8, 2016.3 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 AD order is dispositive. Analysis of Comments Received All issues raised in the case briefs 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. 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 changes to SRF’s and Jindal’s calculations.4 In addition, we have adjusted Jindal’s reported U.S. prices to account for changes in its export subsidies in the final results of the companion countervailing duty administrative review.5 Additionally, for companies not selected for individual review, we have assigned the rate calculated for Jindal in the final results of this review, in accordance with section 735(c)(5) of the Act. 3 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. 4 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. 5 See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2013, 80 FR 46956 (August 3, 2015). See also Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review; 2013 (signed February 2, 2016). E:\FR\FM\16FEN1.SGM 16FEN1 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices Final Results of Review Cash Deposit Requirements As a result of our review, we determine the following weightedaverage dumping margins exist for the period July 1, 2013, through June 30, 2014. 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. Producer or exporter Weightedaverage dumping margin (percent) Jindal Poly Films Limited 6 ... SRF Limited .......................... Ester Industries Limited ........ Garware Polyester Ltd .......... Polyplex Corporation Limited Vacmet .................................. 0.59 0.00 0.59 0.59 0.59 0.59 mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), the Department determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise, in accordance with the final results of this review. The Department will issue assessment instructions to CBP 15 days after the date of publication of the final results of review. We will instruct CBP to liquidate entries of merchandise produced and/or exported by the aforementioned companies. The Department will calculate importerspecific assessment rates for Jindal. Where the respondent reported the entered value for its sales, the Department calculates 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.7 However, where the respondent did not report the entered value for its sales, the Department calculates importer-specific per-unit duty assessment rates. We will instruct CBP to apply an ad valorem assessment rate as indicated above to all entries of subject merchandise during the POR which were produced and/or exported by the four non-selected companies Ester Industries Limited, Garware Polyester Ltd, Polyplex Corporation Limited, and Vacmet. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries produced and/or exported by SRF during the POR.8 6 The Initiation Notice lists the company as Jindal Poly Films Limited of India. 7 See 19 CFR 351.212(b). 8 See 19 CFR 351.106(c)(1). VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 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 doubled 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. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 7751 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 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background Scope of the Order III. Discussion of the Issues Comment 1: Whether To Exclude Certain Sales From the Margin Calculation Comment 2: Whether To Grant a Quantity Discount Adjustment to Jindal Comment 3: G&A Expense and Interest Expense Ratio Comment 4: Differential Pricing [FR Doc. 2016–03083 Filed 2–12–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–001] Potassium Permanganate From the People’s Republic of China: Preliminary Results of the 2014 Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request by Pacific Accelerator Limited (‘‘PAL’’), the Department of Commerce (the ‘‘Department’’) is conducting an administrative review of the antidumping duty (‘‘AD’’) order on potassium permanganate from the People’s Republic of China (the ‘‘PRC’’) for the period of review (‘‘POR’’) January 1, 2014, through December 31, 2014.1 The Department preliminarily determines that PAL sold subject merchandise in the United States at prices below normal value (‘‘NV’’) during the POR. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective February 16, 2016. FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, AD/CVD AGENCY: 1 See Antidumping Duty Order: Potassium Permanganate from the People’s Republic of China, 49 FR 3897 (January 31, 1984). E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7750-7751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03083]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: For the final results of the administrative review of the 
antidumping duty (AD) order on polyethylene terephthalate film, sheet, 
and strip (PET Film) from India, we find that Jindal Poly Films Limited 
(Jindal) and the four-non selected respondents made sales of subject 
merchandise at less than normal value; we also find that SRF Limited 
(SRF) did not make sales of subject merchandise at less than normal 
value. The period of review is July 1, 2013, through June 30, 2014.

DATES: Effective date: February 16, 2016.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alexander Cipolla, 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 and (202) 482-4956, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2015, the Department of Commerce (the Department) 
published the Preliminary Results.\1\ For a history of events that have 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ 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). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, Room B8024 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/login.aspx. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2013-2014, 80 FR 46957 (August 6, 2015) 
(Preliminary Results).
    \2\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film From India; 2013-2014 Administrative 
Review'' (Issues and Decision Memorandum), dated concurrently with, 
and hereby adopted by, this notice.
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final results of this review is now February 8, 
2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines as a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

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 AD 
order is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs 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.

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 
changes to SRF's and Jindal's calculations.\4\ In addition, we have 
adjusted Jindal's reported U.S. prices to account for changes in its 
export subsidies in the final results of the companion countervailing 
duty administrative review.\5\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
India: Preliminary Results and Partial Rescission of Countervailing 
Duty Administrative Review; 2013, 80 FR 46956 (August 3, 2015). See 
also Polyethylene Terephthalate Film, Sheet, and Strip from India: 
Final Results of Countervailing Duty Administrative Review; 2013 
(signed February 2, 2016).
---------------------------------------------------------------------------

    Additionally, for companies not selected for individual review, we 
have assigned the rate calculated for Jindal in the final results of 
this review, in accordance with section 735(c)(5) of the Act.

[[Page 7751]]

Final Results of Review

    As a result of our review, we determine the following weighted-
average dumping margins exist for the period July 1, 2013, through June 
30, 2014.
---------------------------------------------------------------------------

    \6\ The Initiation Notice lists the company as Jindal Poly Films 
Limited of India.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited \6\...........................            0.59
SRF Limited.............................................            0.00
Ester Industries Limited................................            0.59
Garware Polyester Ltd...................................            0.59
Polyplex Corporation Limited............................            0.59
Vacmet..................................................            0.59
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), the Department determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise, in accordance with the final results of 
this review. The Department will issue assessment instructions to CBP 
15 days after the date of publication of the final results of review. 
We will instruct CBP to liquidate entries of merchandise produced and/
or exported by the aforementioned companies. The Department will 
calculate importer-specific assessment rates for Jindal. Where the 
respondent reported the entered value for its sales, the Department 
calculates 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.\7\ However, where the 
respondent did not report the entered value for its sales, the 
Department calculates importer-specific per-unit duty assessment rates. 
We will instruct CBP to apply an ad valorem assessment rate as 
indicated above to all entries of subject merchandise during the POR 
which were produced and/or exported by the four non-selected companies 
Ester Industries Limited, Garware Polyester Ltd, Polyplex Corporation 
Limited, and Vacmet. Pursuant to 19 CFR 351.106(c)(2), we will instruct 
CBP to liquidate without regard to antidumping duties any entries 
produced and/or exported by SRF during the POR.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.212(b).
    \8\ 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 doubled 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 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
    Scope of the Order
III. Discussion of the Issues
    Comment 1: Whether To Exclude Certain Sales From the Margin 
Calculation
    Comment 2: Whether To Grant a Quantity Discount Adjustment to 
Jindal
    Comment 3: G&A Expense and Interest Expense Ratio
    Comment 4: Differential Pricing

[FR Doc. 2016-03083 Filed 2-12-16; 8:45 am]
BILLING CODE 3510-DS-P