Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2014, 51186-51187 [2016-18336]

Download as PDF 51186 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES Zhejiang Jingli meets the threshold requirements for the initiation of an NSR for shipments of TRBs from the PRC by Zhejiang Jingli.8 If the information supplied by Zhejiang Jingli cannot be verified, or is otherwise found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the NSR or apply facts available pursuant to section 776 of the Act, depending on the facts on the record. On February 24, 2016, the President signed into law the ‘‘Trade Facilitation and Trade Enforcement Act of 2015,’’ H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this NSR in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.9 The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results within 90 days after the date on which the preliminary results are issued, pursuant to section 751(a)(2)(B)(iii) of the Act. It is the Department’s usual practice, in cases involving non-market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to Zhejiang Jingli which will include a section requesting information concerning its eligibility for a separate rate. The review will proceed if the response provides sufficient indication that Zhejiang Jingli is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. To assist in its analysis of the bona fides of Zhejiang Jingli’s sale pursuant to section 751(a)(2)(B)(iv) of the Act, upon initiation of this NSR, the Department will require Zhejiang Jingli to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). 8 See Memorandum to the File from Manuel Rey, International Trade Compliance Analyst, Office II, AD/CVD Operations, entitled ‘‘Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China: Initiation of New Shipper Review of Zhejiang Jingli,’’ dated concurrently with this notice. 9 Notably, the Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct CBP to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of an NSR. Partial Rescission of Administrative Review The Department initiated a review of nine companies in this segment of the proceeding.1 In response to timely filed VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 Dated: July 28, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–18402 Filed 8–2–16; 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 Rescission of Countervailing Duty Administrative Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India for the period of review (POR) January 1, 2014, through December 31, 2014. 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 August 3, 2016. 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. AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 53106, 53109 (September 2, 2015) (Initiation Notice). The nine companies were Ester Industries Limited (Ester), Garware Polyester Ltd. (Garware), PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 withdrawal requests, we are rescinding this administrative review with respect to Ester, Garware, MTZ, Polyplex, Uflex Ltd., Vacmet, and Vacmet India Limited, pursuant to 19 CFR 351.213(d)(1). The remaining companies subject to the instant review are Jindal and SRF, which the Department has selected 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 is conducting 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 Preliminary Decision Memorandum, dated concurrently with, and hereby adopted by, this notice. The Preliminary Decision Memorandum is a public document and Jindal Poly Films Ltd. of India (Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd. (Polyplex), SRF Limited (SRF), Vacmet, Vacmet India Limited and Uflex Ltd. DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc. (collectively Petitioners) requested a review for six companies (Ester, Garware, Polyplex, SRF, Jindal, and Vacmet). Polyplex USA LLC and Flex Films (USA) Inc. (collectively Domestic Interested Parties) requested a review for eight companies (Ester, Garware, Jindal, MTZ, Polyplex, SRF, Uflex Ltd., Vacmet and Vacmet India Limited). In addition, Jindal and SRF self-requested an administrative review. 2 See 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; 2014’’ (Preliminary Decision Memorandum). 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. E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 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 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. Preliminary Results of Review We preliminarily determine the total estimated net countervailable subsidy rates for the period January 1, 2014, through December 31, 2014 to be: Assessment Rates and Cash Deposit Requirement Upon issuance of the final results, the Department shall determine, and U.S. Jindal Poly Films of India Limited ............................... 5.10 Customs and Border Protection (CBP) SRF Limited .......................... 2.16 shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions Disclosure and Public Comment to CBP 15 days after publication of the The Department will disclose to final results of review. parties to this proceeding the Pursuant to section 751(a)(2)(C) of the calculations performed in reaching the Act, the Department also intends to preliminary results within five days of instruct CBP to collect cash deposits of the date of publication of these estimated countervailing duties, in the preliminary results.4 Interested parties amounts shown above for each of the may submit written comments (case respective companies shown above, on briefs) within 30 days of publication of shipments of subject merchandise the preliminary results and rebuttal entered, or withdrawn from warehouse, comments (rebuttal briefs) within five for consumption on or after the date of days after the time limit for filing case publication of the final results of this briefs.5 Rebuttal briefs must be limited review. For all non-reviewed firms, we 6 to issues raised in the case briefs. will instruct CBP to continue to collect Parties who submit case or rebuttal cash deposits at the most-recent briefs are requested to submit with the company-specific or all-others rate argument: (1) A statement of the issue; applicable to the company, as (2) a brief summary of the argument; appropriate. These cash deposit and (3) a table of authorities.7 requirements, when imposed, shall Interested parties who wish to request remain in effect until further notice. a hearing must do so within 30 days of These preliminary results of review publication of these preliminary results are issued and published in accordance by submitting a written request to the with sections 751(a)(l) and 777(i)(l) of Assistant Secretary for Enforcement and the Act and 19 CFR 351.213 and Compliance, U.S. Department of 351.221(b)(4). Commerce, using Enforcement and Dated: July 27, 2016. 8 Compliance’s ACCESS system. Ronald K. Lorentzen, Requests should contain the party’s Deputy Assistant Secretary for Enforcement name, address, and telephone number, and Compliance. the number of participants, and a list of the issues to be discussed. If a request Appendix I for a hearing is made, we will inform Manufacturer/exporter asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 intends to 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. Subsidy rate (percent ad valorem) 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). 8 See 19 CFR 351.310(c). VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 19 CFR 351.310. 10 See 19 CFR 351.310(c). Frm 00014 Fmt 4703 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. 2016–18336 Filed 8–2–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–050] Ammonium Sulfate From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective August 3, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482–2923 or William Horn at (202) 482–2615, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 14, 2016, the Department of Commerce (the Department) initiated the countervailing duty (CVD) investigation of ammonium sulfate from the People’s Republic of China.1 The notice of initiation stated that, in accordance with section 703(b)(l) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), we would issue our preliminary determination no later than 65 days after the date of initiation, unless postponed. Currently, the preliminary determination is due no later than August 18, 2016. Postponement of the Preliminary Determination Section 703(b)(1) of the Act, requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, in accordance with 19 CFR 351.205(e), if the petitioner makes a timely request for an extension, section 703(c)(1)(A) of the Act allows the Department to postpone the preliminary determination until no later than 130 days after the date on which the Department initiated the 1 See Ammonium Sulfate From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 81 FR 40661 (June 22, 2016). 9 See PO 00000 51187 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51186-51187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18336]


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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 Rescission of Countervailing Duty 
Administrative Review; 2014

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet and strip (PET film) from India 
for the period of review (POR) January 1, 2014, through December 31, 
2014. 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 August 3, 2016.

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 nine companies in this segment 
of the proceeding.\1\ In response to timely filed withdrawal requests, 
we are rescinding this administrative review with respect to Ester, 
Garware, MTZ, Polyplex, Uflex Ltd., Vacmet, and Vacmet India Limited, 
pursuant to 19 CFR 351.213(d)(1). The remaining companies subject to 
the instant review are Jindal and SRF, which the Department has 
selected as the mandatory respondents.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106, 53109 (September 2, 2015) 
(Initiation Notice). The nine companies were Ester Industries 
Limited (Ester), Garware Polyester Ltd. (Garware), Jindal Poly Films 
Ltd. of India (Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex 
Corporation Ltd. (Polyplex), SRF Limited (SRF), Vacmet, Vacmet India 
Limited and Uflex Ltd. DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., and SKC, Inc. (collectively Petitioners) requested a 
review for six companies (Ester, Garware, Polyplex, SRF, Jindal, and 
Vacmet). Polyplex USA LLC and Flex Films (USA) Inc. (collectively 
Domestic Interested Parties) requested a review for eight companies 
(Ester, Garware, Jindal, MTZ, Polyplex, SRF, Uflex Ltd., Vacmet and 
Vacmet India Limited). In addition, Jindal and SRF self-requested an 
administrative review.
    \2\ See 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; 2014'' (Preliminary Decision Memorandum).
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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 is conducting 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 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

[[Page 51187]]

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 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.

Preliminary Results of Review

    We preliminarily determine the total estimated net countervailable 
subsidy rates for the period January 1, 2014, through December 31, 2014 
to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films of India Limited......................            5.10
SRF Limited.............................................            2.16
------------------------------------------------------------------------

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\
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    \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).
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    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.
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    \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 intends to 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

    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 27, 2016.
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. 2016-18336 Filed 8-2-16; 8:45 am]
 BILLING CODE 3510-DS-P