Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 39667-39670 [2018-17178]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent segment for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 8.32
percent, the all-others rate established
in the underlying investigation.5 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
daltland on DSKBBV9HB2PROD with NOTICES
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.6
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice.7 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the time limit for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.9
Case and rebuttal briefs should be filed
using ACCESS.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
5 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016), as amended by Certain
Corrosion-Resistant Steel Products from the
Republic of Korea: Notice of Court Decision Not in
Harmony with Final Determination of Investigation
and Notice of Amended Final Results, issued July
23, 2018.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)(1)(ii).
8 See 19 CFR 351.309(d)(1).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303.
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by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.11 Hearing 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 issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230.12
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register, unless otherwise
extended.13
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 Commerce’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.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Particular Market Situation
VI. Use of Facts Available and Adverse Facts
Available
A. Legal Authority
B. Application of Facts Available to
Hyundai
C. Application of Facts Available with an
Adverse Inference
D. Selection and Corroboration of Adverse
Facts Available Rate
VII. Review-Specific Average Rate for Non11 See
19 CFR 351.310(c); 19 CFR 351.303(b)(1).
19 CFR 351.310(c).
13 See Section 751(a)(3)(A) of the Act.
12 See
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39667
Examined Companies
VIII. Discussion of the Methodology
A. Normal Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Date of Sale
C. Product Comparisons
D. Export Price and Constructed Export
Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and Arm’sLength Test
3. Level of Trade
4. Overrun Sales
5. Cost of Production Analysis
6. Calculation of Normal Value Based on
Home Market Prices
7. Calculation of Normal Value Based on
Constructed Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2018–17155 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is July 1, 2016,
through June 30, 2017. This review
covers mandatory respondents Jindal
Poly Films Ltd. (India) and SRF Limited
of India, producers and exporters of PET
film from India. Commerce
preliminarily determines that sales of
subject merchandise have been made
below normal value by Jindal Poly
Films Ltd. (India), and that sales of
subject merchandise have not been
made below normal value by SRF
Limited of India during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, 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) 482–5255.
AGENCY:
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
SUPPLEMENTARY INFORMATION:
Background
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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 section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.213(b)(1), in July 2017,
we received requests for reviews of the
following companies: Chiripal Poly
Films Limited (Chiripal); Ester
Industries Limited (Ester); Garware
Polyester Ltd. (Garware); MTZ
Polyesters Ltd. (MTZ); Polyplex
Corporation Ltd. (Polyplex); SRF
Limited; SRF Limited of India; Jindal
Poly Films Ltd. (India); Uflex Ltd.
(Uflex); and Vacmet India Limited
(Vacmet).2
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.3
On September 27, 2017, we released
U.S. Customs and Border Protection
(CBP) import data to eligible parties
under the Administrative Protective
Order and invited interested parties to
submit comments with respect to the
1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 82 FR 30833 (July
3, 2017).
2 See the Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India, Request for Antidumping Duty
Administrative Review,’’ dated July 31, 2017. See
also the Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India, Amended Request for Antidumping
Duty Administrative Review,’’ dated August 11,
2017. See also the Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India, Amended Request for Antidumping
Duty Administrative Review,’’ dated August 30,
2017; see also Polyplex USA LLC’s Letter,
‘‘Polyethylene Terephthalate Film, Sheet, and Strip
(PET Film) from India: Request for Antidumping
Duty Administrative Review,’’ dated July 28, 2017.
See also Polyplex’s Letter, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India: Request for Antidumping Duty
Administrative Review,’’ dated August 29, 2017; see
also SRF Limited’s Letter, ‘‘Polyethylene
Terephthalate Film, (PET Film) from India/Request
for Antidumping Admin Review/SRF Limited,’’
dated July 31, 2017; see also Jindal’s Letter,
‘‘Polyethylene Terephthalate Film, (PET Film) from
India/Request for Antidumping Admin Review/
Jindal Poly Films Limited,’’ dated July 27, 2017; see
also Chiripal’s Letter, ‘‘Polyethylene Terephthalate
(PET) Film, Sheet and Strip from India: Request for
Administrative Review of Anti-Dumping Duty of
Chiripal Poly Films Limited,’’ dated July 31, 2017.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
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selection of respondents for individual
examination.4
On November 20, 2017, Commerce
determined to limit the number of
companies subject to individual
examination in this administrative
review, and selected Jindal Poly Films
Ltd. (India) (Jindal) and SRF Limited of
India (SRF) as mandatory respondents.5
We issued our initial questionnaires
to Jindal and SRF on November 24,
2017, and November 27, 2017,
respectively. The deadline for
withdrawal requests was December 12,
2017.6 All review requests were timely
withdrawn for two companies, MTZ and
Uflex.
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.7 On March 22, 2018, in
accordance with section 751(a)(3)(A) of
the Act, and 19 CFR 351.213(h)(2),
Commerce extended the due date for the
preliminary results by an additional 60
days, from April 5, 2018, to June 4,
2018.8 On June 1, 2018, in accordance
with section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(2), Commerce
extended the due date for the
preliminary results by an additional 60
days. The current deadline is August 3,
2018.9
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
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip (PET) Film
from India: U.S. Customs Entries,’’ dated September
27, 2017.
5 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip from India:
Selection of Respondents for Individual
Examination,’’ dated November 20, 2017
(Respondent Selection Memorandum). SRF Limited
of India and SRF limited are the same company. See
Memorandum, ‘‘Decision Memorandum for the
Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2016–2017,’’ dated concurrently with,
and hereby adopted, by this notice (Preliminary
Decision Memorandum) at 2–3.
6 See 19 CFR 351.213(d)(1).
7 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.
8 See Memorandum ‘‘Polyethylene Terephthalate
Film, Sheet and Strip from India: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review (2016–2017),’’ dated
March 22, 2018.
9 See Memorandum, ‘‘Polyethylene Terephthalate
Film from Taiwan: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review (2016–2017),’’ dated June 1,
2018.
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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 proceeding.10 We are
rescinding this administrative review
with respect to MTZ and Uflex,
pursuant to 19 CFR 351.213(d)(1),
because all review request of these
companies were timely withdrawn.11
Accordingly, the companies that remain
subject to the instant review are:
Chiripal; Ester; Garware; Jindal;
Polyplex, SRF; and Vacmet India
Limited.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 is
available to all parties in the Central
Records Unit in room B8024 of the main
Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
10 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
11 See Preliminary Decision Memorandum.
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
Companies Not Selected for Individual
Review
In accordance with section 735(c)(5)
of the Tariff Act of 1930, as amended
(the Act), we preliminarily assign to
those companies not selected for
individual review the rate calculated for
Jindal in this review, because SRF’s rate
is de minimis.12
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period July 1, 2016, through June 30,
2017.
Manufacturer/exporter
Weightedaverage
margin
(percent)
Jindal Poly Films Ltd.
(India) 13 ............................
SRF Limited of India .............
Garware Polyester Ltd ..........
Chiripal Poly Films Limited ...
Polyplex Corporation Ltd ......
Ester Industries Limited ........
Vacmet India Limited ............
5.50
0.00
5.50
5.50
5.50
5.50
5.50
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.14 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
12 See
the Preliminary Decision Memorandum.
Initiation Notice also lists the company as
Jindal Poly Films Limited of India. Commerce has
previously determined that Jindal Poly Films
Limited of India is the same company as Jindal Poly
Films Ltd. (India). See Polyethylene Terephthalate
Film, Sheet, and Strip from India: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 36735
(August 7, 2017), and accompanying Preliminary
Decision Memorandum at FN 1 (unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip
from India: Final Results of Antidumping Duty
Administrative Review; 2015–2016, 83 FR 6162
(February 13, 2018)).
14 See 19 CFR 351.309(d).
15 See 19 CFR 351.303 (for general filing
requirements).
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13 The
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to the Acting Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. 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 briefs. 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, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce clarified its ‘‘automatic
assessment’’ regulation on May 6,
2003.16 This clarification applies to
entries of subject merchandise during
the POR produced by a respondent for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
16 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003) (Assessment Policy Notice).
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39669
Assessment and 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 the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (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 for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters is 5.71 percent.17 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
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 and 19
CFR 351.213(h)(1).
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative
Review
IV. Scope of the Order
17 See Polyethylene Terephthalate Film, Sheet,
and Strip from India: Final Results of Antidumping
Duty Administrative Review; 2015–2016, 83 FR
6162 (February 13, 2018).
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V. Product Comparisons
VI. Comparison to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
3. Date of Sale
4. Export Price
5. Normal Value
6. Calculation of Normal Value Based on
Comparison Market Prices
7. Currency Conversion
VII. Companies Not Selected
VIII. Recommendation
Scope of the Order
The products covered by the order are
certain corrosion-resistant steel
products from India. For a full
description of the scope, see the
Preliminary Decision Memorandum.3
Methodology
[FR Doc. 2018–17178 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–864]
Certain Corrosion-Resistant Steel
Products From India: Preliminary
Results of the Countervailing Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain corrosion-resistant steel
products (CORE) from India are being,
or are likely to be, sold in the United
States at less than normal value during
the period of review (POR) November 6,
2015, through December 31, 2016.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Matthew Renkey, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0486 or (202) 482–2312,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
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On September 13, 2017, Commerce
initiated this administrative review on
CORE from India covering JSW Steel
Limited and Uttam Galva Steels
Limited.1 The events that have occurred
between initiation and these
preliminary results are discussed in the
Preliminary Decision Memorandum
dated concurrently with and hereby
adopted by this notice.2
1 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Adminsitrative Review: Certain Corrosion-Resistant
Steel Products from India,’’ dated concurrently with
this notice (Preliminary Decision Memorandum).
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Manufacturer/exporter
Subsidy rate
(percent
ad valorem)
Uttam Galva Steels Limited
and Uttam Value Steels
Limited 6 ............................
15.45
Disclosure and Public Comment
Commerce 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 financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.4 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. 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://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Commerce intends to 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 in the Federal
Register. 7 Interested parties may submit
written comments (case briefs) within
30 days after the date of publication of
the preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.8 Rebuttal briefs must be limited
to issues raised in the case briefs.9
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.10
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.11
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 intend to
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,
Preliminary Results of Review
DC 20230, at a time and location to be
We preliminarily determine the total
determined.12 Parties should confirm by
estimated net countervailable subsidy
telephone the date, time, and location of
rates for the period November 6, 2015,
the hearing. Issues addressed at the
through December 31, 2016 to be:
hearing will be limited to those raised
in the briefs.13 All briefs and hearing
Subsidy rate
requests must be filed electronically and
Manufacturer/exporter
(percent
ad valorem)
received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern
JSW Steel Limited and JSW
Time on the due date.
Steel Coated Products
Unless the deadline is extended
Limited 5 ............................
11.30
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
3 Id.
results of this administrative review,
4 See sections 771(5)(B) and (D) of the Act
including the results of our analysis of
regarding financial contribution; section 771(5)(E)
the issues raised by the parties in their
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
5 Cross-owned affiliates are: JSW Steel Coated
Products Limited (a producer and exporter of
subject merchandise), Amba River Coke Limited,
JSW Steel (Salav) Limited, and JSW Steel
Processing Centers Limited.
6 Cross-owned affiliates are: Uttam Value Steels
Limited (a producer and exporter of subject
merchandise) and Uttam Galva Metallics Limited.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
7 See
19 CFR 351.224(b).
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
9 See 19 CFR 351.309(d)(2).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310.
13 See 19 CFR 351.310(c).
8 See
E:\FR\FM\10AUN1.SGM
10AUN1
]]>Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39667-39670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17178]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2016-2017
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 antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET film) from India. The period
of review (POR) is July 1, 2016, through June 30, 2017. This review
covers mandatory respondents Jindal Poly Films Ltd. (India) and SRF
Limited of India, producers and exporters of PET film from India.
Commerce preliminarily determines that sales of subject merchandise
have been made below normal value by Jindal Poly Films Ltd. (India),
and that sales of subject merchandise have not been made below normal
value by SRF Limited of India during the POR. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.
[[Page 39668]]
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 section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(b)(1),
in July 2017, we received requests for reviews of the following
companies: Chiripal Poly Films Limited (Chiripal); Ester Industries
Limited (Ester); Garware Polyester Ltd. (Garware); MTZ Polyesters Ltd.
(MTZ); Polyplex Corporation Ltd. (Polyplex); SRF Limited; SRF Limited
of India; Jindal Poly Films Ltd. (India); Uflex Ltd. (Uflex); and
Vacmet India Limited (Vacmet).\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 82 FR 30833 (July 3, 2017).
\2\ See the Petitioners' Letter, ``Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from India, Request for
Antidumping Duty Administrative Review,'' dated July 31, 2017. See
also the Petitioners' Letter, ``Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from India, Amended Request for
Antidumping Duty Administrative Review,'' dated August 11, 2017. See
also the Petitioners' Letter, ``Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from India, Amended Request for
Antidumping Duty Administrative Review,'' dated August 30, 2017; see
also Polyplex USA LLC's Letter, ``Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from India: Request for Antidumping Duty
Administrative Review,'' dated July 28, 2017. See also Polyplex's
Letter, ``Polyethylene Terephthalate Film, Sheet, and Strip (PET
Film) from India: Request for Antidumping Duty Administrative
Review,'' dated August 29, 2017; see also SRF Limited's Letter,
``Polyethylene Terephthalate Film, (PET Film) from India/Request for
Antidumping Admin Review/SRF Limited,'' dated July 31, 2017; see
also Jindal's Letter, ``Polyethylene Terephthalate Film, (PET Film)
from India/Request for Antidumping Admin Review/Jindal Poly Films
Limited,'' dated July 27, 2017; see also Chiripal's Letter,
``Polyethylene Terephthalate (PET) Film, Sheet and Strip from India:
Request for Administrative Review of Anti-Dumping Duty of Chiripal
Poly Films Limited,'' dated July 31, 2017.
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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.\3\
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
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On September 27, 2017, we released U.S. Customs and Border
Protection (CBP) import data to eligible parties under the
Administrative Protective Order and invited interested parties to
submit comments with respect to the selection of respondents for
individual examination.\4\
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\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip (PET) Film from
India: U.S. Customs Entries,'' dated September 27, 2017.
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On November 20, 2017, Commerce determined to limit the number of
companies subject to individual examination in this administrative
review, and selected Jindal Poly Films Ltd. (India) (Jindal) and SRF
Limited of India (SRF) as mandatory respondents.\5\
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\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from
India: Selection of Respondents for Individual Examination,'' dated
November 20, 2017 (Respondent Selection Memorandum). SRF Limited of
India and SRF limited are the same company. See Memorandum,
``Decision Memorandum for the Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from India; 2016-2017,'' dated
concurrently with, and hereby adopted, by this notice (Preliminary
Decision Memorandum) at 2-3.
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We issued our initial questionnaires to Jindal and SRF on November
24, 2017, and November 27, 2017, respectively. The deadline for
withdrawal requests was December 12, 2017.\6\ All review requests were
timely withdrawn for two companies, MTZ and Uflex.
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\6\ See 19 CFR 351.213(d)(1).
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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.\7\ On March 22, 2018, in accordance with
section 751(a)(3)(A) of the Act, and 19 CFR 351.213(h)(2), Commerce
extended the due date for the preliminary results by an additional 60
days, from April 5, 2018, to June 4, 2018.\8\ On June 1, 2018, in
accordance with section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2), Commerce extended the due date for the preliminary
results by an additional 60 days. The current deadline is August 3,
2018.\9\
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\7\ 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.
\8\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2016-2017),'' dated March
22, 2018.
\9\ See Memorandum, ``Polyethylene Terephthalate Film from
Taiwan: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review (2016-2017),'' dated June 1, 2018.
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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
proceeding.\10\ We are rescinding this administrative review with
respect to MTZ and Uflex, pursuant to 19 CFR 351.213(d)(1), because all
review request of these companies were timely withdrawn.\11\
Accordingly, the companies that remain subject to the instant review
are: Chiripal; Ester; Garware; Jindal; Polyplex, SRF; and Vacmet India
Limited.
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\10\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
\11\ See Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 is available to all parties in the Central
Records Unit in room B8024 of the main Commerce building. In addition,
a complete version of the Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
[[Page 39669]]
Companies Not Selected for Individual Review
In accordance with section 735(c)(5) of the Tariff Act of 1930, as
amended (the Act), we preliminarily assign to those companies not
selected for individual review the rate calculated for Jindal in this
review, because SRF's rate is de minimis.\12\
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\12\ See the Preliminary Decision Memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2016,
through June 30, 2017.
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd. (India) \13\..................... 5.50
SRF Limited of India.................................... 0.00
Garware Polyester Ltd................................... 5.50
Chiripal Poly Films Limited............................. 5.50
Polyplex Corporation Ltd................................ 5.50
Ester Industries Limited................................ 5.50
Vacmet India Limited.................................... 5.50
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Disclosure and Public Comment
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\13\ The Initiation Notice also lists the company as Jindal Poly
Films Limited of India. Commerce has previously determined that
Jindal Poly Films Limited of India is the same company as Jindal
Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet,
and Strip from India: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36735
(August 7, 2017), and accompanying Preliminary Decision Memorandum
at FN 1 (unchanged in Polyethylene Terephthalate Film, Sheet, and
Strip from India: Final Results of Antidumping Duty Administrative
Review; 2015-2016, 83 FR 6162 (February 13, 2018)).
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We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to
19 CFR 351.309(c), interested parties may submit case briefs not later
than 30 days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\14\ Parties
who submit case briefs or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\15\
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\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Acting
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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 briefs. 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, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If a respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\16\ This clarification applies to entries of subject
merchandise during the POR produced by a respondent for which it did
not know its merchandise was destined for the United States. In such
instances, 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.
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy
Notice).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Assessment and 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 the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (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 for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters is 5.71 percent.\17\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Final Results of Antidumping Duty Administrative Review;
2015-2016, 83 FR 6162 (February 13, 2018).
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Notification to Interested Parties
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 and 19 CFR 351.213(h)(1).
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
[[Page 39670]]
V. Product Comparisons
VI. Comparison to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
3. Date of Sale
4. Export Price
5. Normal Value
6. Calculation of Normal Value Based on Comparison Market Prices
7. Currency Conversion
VII. Companies Not Selected
VIII. Recommendation
[FR Doc. 2018-17178 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P
