Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2016, 39677-39679 [2018-17177]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
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hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS, within 30 days after the date
of publication of this notice.14 Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b)(1). We intend to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).15 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.16 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.17 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.18
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
14 See
15 See
19 CFR 351.310(c).
19 CFR 351.212(b)(1).
17 Id.
19 CFR 351.106(c)(2).
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Jkt 244001
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Bonuts, PT,
and Unicatch will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for other
manufacturers and exporters covered in
a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 2.24
percent, the all-others rate in the LTFV
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
investigation.20 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice also serves as a
preliminary 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 double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Cash Deposit Requirements
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 Id.
18 See
produced by Bonuts, PT, or Unicatch,
for which the producer did not know
that its merchandise was destined for
the United States, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.19
For the firms covered by this review,
we intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review. For the non-reviewed firms for
which we are rescinding this
administrative review, Commerce
intends to instruct CBP 15 days after
publication of these preliminary results
of review to assess antidumping duties
at rates equal to the rates of cash
deposits for estimated antidumping
duties required at the time of entry, or
withdrawn from warehouse, for
consumption, during the period May 20,
2016, through June 30, 2017, in
accordance with 19 CFR 351.212(c)(2).
39677
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative
Review
5. Duty Absorption
6. Use of Facts Available With an Adverse
Inference
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export
Price
10. Normal Value
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2018–17163 Filed 8–9–18; 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; 2016
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
AGENCY:
20 See Certain Steel Nails from Taiwan: Final
Determination of Sales at Less Than Fair Value, 80
FR 28959 (May 20, 2015).
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39678
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
countervailing duty (CVD) order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is January 1,
2016, through December 31, 2016. We
preliminarily determine that Jindal Poly
Films Limited of India (Jindal) and SRF
Limited/SRF Limited of India (SRF)
received countervailable subsidies
during the POR. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum and Kathryn Wallace, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0197 and (202) 482–6251,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2017, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the antidumping duty order
on PET film from India, for the period
July 1, 2016, through June 30, 2017.1 In
accordance with sections 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(b)(2) and (3),
in July 2017, we received five review
requests. DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and
SKC, Inc. (collectively, the petitioners)
requested reviews of Ester Industries
Limited (Ester), Garware Polyester Ltd.
(Garware), Polyplex Corporation Ltd.
(Polyplex), SRF, Jindal, and Vacmet
India Limited (Vacmet). Additionally,
Polyplex USA LLC requested reviews
for Ester, Garware, Jindal, MTZ
Polyesters Ltd. (MTZ), Polyplex, SRF
Limited, Uflex Ltd. (Uflex), and Vacmet.
Finally, Chiripal Poly Films Limited
(Chiripal), SRF, and Jindal each selfrequested to be reviewed in the instant
review.
Subsequently, on September 13, 2017,
in accordance with 19 CFR
351.222(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on PET Film from India.2
On October 3, 2017, we placed on the
record U.S. Customs and Border
Protection (CBP) import data for
purposes of respondent selection, and
1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 82 FR 30833 (July
3, 2017).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
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19:03 Aug 09, 2018
Jkt 244001
invited parties to comment.3 On October
10, 2017, SRF and Jindal each submitted
comments requesting selection for
individual examination.4 Subsequently,
SRF,5 Jindal Poly Films Ltd. (India) 6
each timely withdrew their requests for
review. Polyplex USA timely withdrew
its requests for a review on December
12, 2016, for all companies.7
On January 23, 2018, Commerce
issued a memorandum tolling all
deadlines for this investigation by three
days due to the shutdown of the federal
government.8 On March 23, 2018,9 and
June 1, 2018, we extended the deadline
for the preliminary results of this review
to August 3, 2018.
Scope of the Order
The products covered by this order
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.
Partial Rescission of Administrative
Review
Commerce initiated a review of ten
companies in this segment of the
proceeding.10 In response to timely filed
3 See Memorandum ‘‘Administrative Review of
the Countervailing Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip from India:
Release of U.S. Customs Entry Data for Respondent
Selection’’ dated October 3, 2017.
4 See SRF’s CBP Comments; see also Jindal’s
Letter, ‘‘PET Film from India: Comments on CBP
Data’’ dated October 10, 2017.
5 See SRF’s Letter, ‘‘Withdrawal of Request for
Countervailing Duty Admin Review of SRF Limited
(SRF)’’ dated December 11, 2017.
6 See Jindal’s Letter, ‘‘Withdraw Requests for
Administrative Review of the Antidumping Duty
Order and Countervailing Duty Order’’ dated
December 10, 2017.
7 Polyplex USA’s Letter, ‘‘Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from
India: Request of Partial Withdrawal of
Administrative Review,’’ dated December 12, 2017.
8 See Memorandum,’’ Deadlines Affected by the
Shutdown of the Federal Government’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
9 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review—2016’’ dated March 23,
2018; see also Memorandum, ‘‘Extension of
Deadline for Preliminary Results of Countervailing
Duty Administrative Review’’ dated June 1, 2018.
10 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
withdrawal requests, we are rescinding
this administrative review with respect
to Uflex and MTZ, pursuant to 19 CFR
351.213(d)(1). Accordingly, the
companies subject to the instant review
are: Ester Industries Ltd.; Garware
Polyester Ltd.; Jindal; Polyplex
Corporation Ltd.; SRF; and Vacmet
India Limited, of which Commerce has
selected Jindal and SRF as the
mandatory respondents.11
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of 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.12 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum,
dated concurrently with, and hereby
adopted by, this notice. A list of topics
included in the Preliminary Decision
Memorandum is included as an
Appendix to 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
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, because the rates
calculated for Jindal and SRF were
above de minimis and not based entirely
on facts available, we applied,
42974, 42974 (September 13, 2017). The ten
companies were Chiripal, Ester, Garware, Jindal,
MTZ, Polyplex, SRF (as SRF Limited and SRF
Limited of India), Uflex, and Vacmet).
11 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip from India:
Selection of Respondents for Individual
Examination’’ dated November 27, 2017.
12 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\10AUN1.SGM
10AUN1
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
consistent with section 705(c)(5)(A) of
the Act, a subsidy rate based on a
simple average of the subsidy rates
calculated for Jindal and SRF because
publicly ranged sales data was not
submitted by respondents.
Preliminary Results of Review
We preliminarily determine the total
estimated net countervailable subsidy
rates for the period January 1, 2016,
through December 31, 2016 to be:
Manufacturer/exporter
daltland on DSKBBV9HB2PROD with NOTICES
Jindal Poly Films Limited of
India ..................................
SRF Limited ..........................
Ester Industries Limited ........
Garware Polyester Ltd ..........
Polyplex Corporation Ltd ......
Vacmet India Limited ............
Subsidy rate
(percent ad
valorem)
10.71
7.47
9.09
9.09
9.09
9.09
Disclosure and Public Comment
Commerce 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.13 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.14 Rebuttal briefs must be limited
to issues raised in the case briefs.15
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.16
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.17
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, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.18 Parties should confirm by
13 See
19 CFR 351.224(b).
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
15 See 19 CFR 351.309(d)(2).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310.
14 See
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19:03 Aug 09, 2018
Jkt 244001
telephone the date, time, and location of
the hearing. Issues addressed at the
hearing will be limited to those raised
in the briefs.19 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, Commerce 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.
7. Recommendation
Assessment Rates and Cash Deposit
Requirement
39679
AGENCY:
Upon issuance of the final results,
Commerce 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, Commerce 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: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
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
19 See
PO 00000
[FR Doc. 2018–17177 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers/exporters subject to this
review made sales of subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, Shanah Lee, or Emily Halle, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474, (202) 482–6386, and
(202) 482–0176, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty (AD) order on certain
corrosion-resistant steel products
(CORE) from Taiwan.1 The period of
review (POR) is June 2, 2016, through
June 30, 2017. We initially selected two
companies, Sheng Yu Steel Co., Ltd.
(SYSCO), and the previously collapsed
Prosperity Tieh Enterprise Co., Ltd.
(Prosperity), Yieh Phui Enterprise Co.,
Ltd. (YP), and Synn Industrial Co., Ltd.
(Synn) entity (collectively, YP/Synn/
Prosperity entity), for individual
examination.2 For a complete
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
2 In the less-than-fair-value (LTFV) investigation
of the AD order, we collapsed YP with its affiliate
Synn and treated YP/Synn as a single entity in that
proceeding. See Certain Corrosion-Resistant Steel
Products from Taiwan: Final Determination of Sales
at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 81
FR 35313 (June 2, 2016) and accompanying Issues
and Decision Memorandum (IDM) (Taiwan CORE
LTFV Final); unchanged in Certain CorrosionResistant Steel Products from India, Italy, the
19 CFR 351.310(c).
Frm 00023
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Continued
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]]>Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39677-39679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17177]
-----------------------------------------------------------------------
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; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the
[[Page 39678]]
countervailing duty (CVD) order on polyethylene terephthalate film,
sheet, and strip (PET film) from India. The period of review (POR) is
January 1, 2016, through December 31, 2016. We preliminarily determine
that Jindal Poly Films Limited of India (Jindal) and SRF Limited/SRF
Limited of India (SRF) received countervailable subsidies during the
POR. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Elfi Blum and Kathryn Wallace, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0197 and (202) 482-6251,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2017, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on PET film from India, for the period July 1,
2016, through June 30, 2017.\1\ In accordance with sections 751(a)(1)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.213(b)(2) and (3), in July 2017, we received five review requests.
DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc.
(collectively, the petitioners) requested reviews of Ester Industries
Limited (Ester), Garware Polyester Ltd. (Garware), Polyplex Corporation
Ltd. (Polyplex), SRF, Jindal, and Vacmet India Limited (Vacmet).
Additionally, Polyplex USA LLC requested reviews for Ester, Garware,
Jindal, MTZ Polyesters Ltd. (MTZ), Polyplex, SRF Limited, Uflex Ltd.
(Uflex), and Vacmet. Finally, Chiripal Poly Films Limited (Chiripal),
SRF, and Jindal each self-requested to be reviewed in the instant
review.
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 82 FR 30833 (July 3, 2017).
---------------------------------------------------------------------------
Subsequently, on September 13, 2017, in accordance with 19 CFR
351.222(c)(1)(i), Commerce published a notice of initiation of an
administrative review of the antidumping duty order on PET Film from
India.\2\
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
---------------------------------------------------------------------------
On October 3, 2017, we placed on the record U.S. Customs and Border
Protection (CBP) import data for purposes of respondent selection, and
invited parties to comment.\3\ On October 10, 2017, SRF and Jindal each
submitted comments requesting selection for individual examination.\4\
Subsequently, SRF,\5\ Jindal Poly Films Ltd. (India) \6\ each timely
withdrew their requests for review. Polyplex USA timely withdrew its
requests for a review on December 12, 2016, for all companies.\7\
---------------------------------------------------------------------------
\3\ See Memorandum ``Administrative Review of the Countervailing
Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from
India: Release of U.S. Customs Entry Data for Respondent Selection''
dated October 3, 2017.
\4\ See SRF's CBP Comments; see also Jindal's Letter, ``PET Film
from India: Comments on CBP Data'' dated October 10, 2017.
\5\ See SRF's Letter, ``Withdrawal of Request for Countervailing
Duty Admin Review of SRF Limited (SRF)'' dated December 11, 2017.
\6\ See Jindal's Letter, ``Withdraw Requests for Administrative
Review of the Antidumping Duty Order and Countervailing Duty Order''
dated December 10, 2017.
\7\ Polyplex USA's Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Request of Partial Withdrawal of
Administrative Review,'' dated December 12, 2017.
---------------------------------------------------------------------------
On January 23, 2018, Commerce issued a memorandum tolling all
deadlines for this investigation by three days due to the shutdown of
the federal government.\8\ On March 23, 2018,\9\ and June 1, 2018, we
extended the deadline for the preliminary results of this review to
August 3, 2018.
---------------------------------------------------------------------------
\8\ See Memorandum,'' Deadlines Affected by the Shutdown of the
Federal Government'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review--2016'' dated
March 23, 2018; see also Memorandum, ``Extension of Deadline for
Preliminary Results of Countervailing Duty Administrative Review''
dated June 1, 2018.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order 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.
Partial Rescission of Administrative Review
Commerce initiated a review of ten companies in this segment of the
proceeding.\10\ In response to timely filed withdrawal requests, we are
rescinding this administrative review with respect to Uflex and MTZ,
pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies subject to
the instant review are: Ester Industries Ltd.; Garware Polyester Ltd.;
Jindal; Polyplex Corporation Ltd.; SRF; and Vacmet India Limited, of
which Commerce has selected Jindal and SRF as the mandatory
respondents.\11\
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\10\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974, 42974 (September 13, 2017). The
ten companies were Chiripal, Ester, Garware, Jindal, MTZ, Polyplex,
SRF (as SRF Limited and SRF Limited of India), Uflex, and Vacmet).
\11\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip from India: Selection of Respondents for Individual
Examination'' dated November 27, 2017.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of 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.\12\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, dated concurrently with, and hereby
adopted by, this notice. A list of topics included in the Preliminary
Decision Memorandum is included as an Appendix to this notice.
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\12\ 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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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 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, because the
rates calculated for Jindal and SRF were above de minimis and not based
entirely on facts available, we applied,
[[Page 39679]]
consistent with section 705(c)(5)(A) of the Act, a subsidy rate based
on a simple average of the subsidy rates calculated for Jindal and SRF
because publicly ranged sales data was not submitted by respondents.
Preliminary Results of Review
We preliminarily determine the total estimated net countervailable
subsidy rates for the period January 1, 2016, through December 31, 2016
to be:
------------------------------------------------------------------------
Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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Jindal Poly Films Limited of India...................... 10.71
SRF Limited............................................. 7.47
Ester Industries Limited................................ 9.09
Garware Polyester Ltd................................... 9.09
Polyplex Corporation Ltd................................ 9.09
Vacmet India Limited.................................... 9.09
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Disclosure and Public Comment
Commerce 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.\13\
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.\14\ Rebuttal briefs must be limited to issues raised in the
case briefs.\15\ 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.\16\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\15\ See 19 CFR 351.309(d)(2).
\16\ 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.\17\ 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, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time and location to be determined.\18\
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.\19\ 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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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
\19\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce 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, Commerce 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, Commerce 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: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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. 2018-17177 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P
