Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2014, 89056-89057 [2016-29570]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89056-89057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


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

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

SUMMARY: On August 3, 2016, the Department published the preliminary 
results of the administrative review of the countervailing duty order 
on polyethylene terephthalate film, sheet, and strip (PET film) from 
India. This review covers two companies: Jindal Poly Films Limited 
(Jindal), and SRF Limited. The period of review (POR) is January 1, 
2014, through December 31, 2014. Based on an analysis of the comments 
received, the Department has made changes to the subsidy rate 
determined for Jindal. The final subsidy rates are listed in the 
``Final Results of Administrative Review'' section below.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197.

Scope of the Order

    For the 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.

Analysis of Comments Received

    The issues raised by Petitioners \1\ and Jindal in their case 
briefs are addressed in the Issues and Decision Memorandum.\2\ Neither 
party submitted rebuttal briefs. The issues are identified in the 
Appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://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 Issues and Decision Memorandum can be accessed directly on the 
Internet at https://trade.gov/enforcement/frn/. The signed 
Issues and Decision Memorandum and electronic versions of the Issues 
and Decision Memorandum are identical in content.
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    \1\ DuPont Teijin Films, Inc., Mitsubishi Polyester Film, Inc. 
and SKC, Inc. (collectively, Petitioners).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Results of 
Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2013,'' dated 
concurrently with this notice and herein incorporated by reference 
(Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    The Department published the preliminary results of this 
administrative review of PET film from India on August 3, 2016.\3\ 
Based on the comments received from Petitioners, in these final 
results, we corrected a ministerial error made in the context of our 
analysis of the Export Promotion Capital Goods Scheme (EPCGS).\4\
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    \3\ See Polyethylene Terephthalate Film, Sheet and Strip From 
India: Preliminary Results And Partial Rescission of Countervailing 
Duty Administrative Review; 2014, 81 FR 51186 (August 3, 2016) 
(Preliminary Results 2014).
    \4\ For a discussion of these issues, see the Issues and 
Decision Memorandum, and Memorandum to the File from Elfi Blum, 
International Trade Compliance Analyst, titled ``Final Results of 
2014 Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India--Jindal Polyfilms 
Limited,'' each dated concurrently with these final results.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find 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.\5\ For a description of the methodology underlying all of the 
Department's conclusions, see the Issues and Decision Memorandum.
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    \5\ 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.

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[[Page 89057]]

Final Results of Administrative Review

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we 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)
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Jindal Poly Films of India Limited......................            5.52
SRF Limited.............................................            2.16
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. 
The Department will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by the companies listed above, 
entered or withdrawn from warehouse, for consumption from January 1, 
2014, through December 31, 2014, at the percent rates, as listed above 
for each of the respective companies, of the entered value.
    The Department intends also 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.

Administrative Protective Order

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

    Dated: December 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Issues and Decision Memorandum

I. Summary
II. Scope of the Order
III. Period of Review
IV. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmarks Interest Rates
    D. Denominator
V. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used or to Provide No Benefit 
During the POR
VI. Final Results of Review
VII. Analysis of Comments
Comment 1: Whether the Department should calculate a benefit for the 
Status Holder Incentive Scheme (SHIS) when Jindal did not report any 
benefits received during the POR.
Comment 2: Whether the Value Added Tax (VAT) and Central Sales Tax 
(CST) Refunds Under the Industrial Promotion Subsidy (IPS) of the 
State Government of Maharashtra's (SGOM) Package Scheme of 
Incentives (PSI) Are Countervailable
Comment 3: Whether the Department should countervail benefits 
received under the State and Union Territory Sales Tax Incentive 
Program
Comment 4: Whether the Department erroneously omitted one sub-
program in its summation of the Export Promotion Capital Goods 
Scheme (EPCGS) sub-programs

[FR Doc. 2016-29570 Filed 12-8-16; 8:45 am]
 BILLING CODE 3510-DS-P