Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2017, 48105-48107 [2019-19795]
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
government employees by virtue of their
service as a member of the Board and
will receive no compensation from the
Federal government for their
participation in Board activities.
Members participating in Board
meetings and events may be paid actual
travel expenses and per diem by the
Corporation when away from their usual
places of residence.
Individuals who want to be
considered for appointment to the Board
should submit the following
information by the Wednesday,
September 25, 2019 deadline to the
address listed in the ADDRESSES section
above:
1. Name, title, and personal resume of
the individual requesting consideration,
including address, email address and
phone number.
2. A brief statement of why the person
should be considered for appointment
to the Board. This statement should also
address the individual’s relevant
international travel and tourism
marketing experience and audit
committee financial expertise, if any,
and indicate clearly the sector or sectors
enumerated above in which the
individual has the requisite expertise
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for only one of those sectors.
Appointments of members to the Board
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Dated: September 3, 2019.
Julie P. Heizer,
Deputy Director, National Travel and Tourism
Office.
[FR Doc. 2019–19684 Filed 9–11–19; 8:45 am]
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BILLING CODE 3510–DR–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; 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
countervailing duty (CVD) order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is January 1,
2017 through December 31, 2017. We
preliminarily determine that Jindal Poly
Films Ltd. (Jindal) and SRF Limited
(SRF) received countervailable subsidies
during the POR. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 3, 2018, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the countervailing duty order
on PET film from India, for the POR.1
In accordance with sections 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(b)(1) and (2),
in July 2018, we received four 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,
Vacmet and Uflex Ltd. (Uflex). Finally,
Jindal and SRF each self-requested to be
reviewed in the instant review.
Subsequently, on September 10, 2018,
in accordance with 19 CFR
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 31121,
31122 (July 3, 2018).
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17:27 Sep 11, 2019
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48105
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the countervailing duty order
on PET Film from India.2 On October
15, 2018, we placed on the record U.S.
Customs and Border Protection (CBP)
import data 3 for purposes of respondent
selection, and invited parties to
comment.4 Because Jindal entered its
notice of appearance at a later point in
time 5 and did not obtain its
administrative protective order until
after the comment period for the CBP
data issued on October 15, 2018,
Commerce re-released the CBP data on
November 5, 2018, and extended the
comment period on the CBP import data
for Jindal only. We received no
comments from interested parties.
Subsequently, Polyplex USA timely
withdrew its request for a review on
November 21, 2018, for all companies.6
Also, on December 10, 2018, SRF
withdrew its request for a review.7 We
selected Jindal and SRF as mandatory
respondents.8
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.9 If the new deadline falls on a
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596, 45604 (September 10, 2018) (Initiation
Notice).
3 Note: The CBP import data released on
September 19, 2018, was compiled based on the
company names, and variations thereof, whereas
the CBP import data release of October 15, 2018,
was compiled based on the case number and POR,
which captured Jindal’s and SRF’s shipments of
subject merchandise during the entire POR.
4 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.
5 See Jindal’s Letter, ‘‘Polyethylene Terephthalate
(Pet) Film from India: Entry of Appearance and
APO Application,’’ dated October 23, 2018 (Jindal
Entry of Appearance).
6 See Polyplex USA’s Letter, ‘‘Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from
India: Request for Withdrawal of Countervailing
Duty Administrative Review,’’ dated November 21,
2018.
7 See SRF’s Letter, ‘‘Polyethylene Terephthalate
(PET) Film from India/Withdrawal of Request for
countervailing Duty Admin Review of SRF Limited
(SRF),’’ dated December 10, 2018.
8 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip from India:
Selection of Respondents for Individual
Examination—2017’’ dated December 17, 2018
(Respondent Selection Memorandum).
9 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.10 On
April 26, 2019,11 and July 10, 2019, we
extended the deadline for the
preliminary results of this review.12 The
revised deadline for the preliminary
results is now September 6, 2019.
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 eight
companies in this segment of the
proceeding.13 In response to timely filed
withdrawal requests, we are rescinding
this administrative review with respect
to MTZ and Uflex, pursuant to 19 CFR
351.213(d)(1). Accordingly, the
companies subject to the instant review
are: Ester; Garware; Jindal; Polyplex;
SRF; and Vacmet, of which Commerce
has selected Jindal and SRF as the
mandatory respondents.14
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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
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
10 Id.
11 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.
12 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 26, 2019;
Memorandum, ‘‘Second Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review’’ dated July 10, 2019.
13 See Initiation Notice, 82 FR 42974, 42974
(September 13, 2017). The eight companies were
Ester, Garware, Jindal, MTZ, Polyplex, SRF, Uflex,
and Vacmet.
14 See Respondent Selection Memorandum.
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17:27 Sep 11, 2019
Jkt 247001
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.15 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, looking
to section 705(c)(5)(A) of the Act for
guidance, a subsidy rate based on a
simple average of the subsidy rates
calculated for Jindal and SRF because
complete publicly ranged sales data was
not submitted by all respondents
selected for individual review.16
Preliminary Results of Review
We preliminarily determine the total
estimated net countervailable subsidy
rates for the period January 1, 2017,
through December 31, 2017 to be:
Manufacturer/exporter
Jindal Poly Films Limited of
India ......................................
SRF Limited ..............................
Ester Industries Limited ............
Garware Polyester Ltd ..............
Polyplex Corporation Ltd ..........
Vacmet India Limited ................
15 See
Subsidy rate
(percent
ad valorem)
9.41
7.22
8.32
8.32
8.32
8.32
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.
16 Commerce intends to request complete
publicly ranged quantity and value data from
respondents in this segment of the proceeding.
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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.17 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance at a date to be determined.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.18 Rebuttal briefs must be
limited to issues raised in the case
briefs.19 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.20
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.21
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.22 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.23 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.
Assessment Rates and Cash Deposit
Requirement
Upon issuance of the final results,
Commerce shall determine, and U.S.
17 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
19 See 19 CFR 351.309(d)(2).
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 See 19 CFR 351.310(c).
22 See 19 CFR 351.310.
23 See 19 CFR 351.310(c).
18 See
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
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: September 6, 2019.
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. Period of Review
6. Subsidies Valuation Information
7. Analysis of Programs
8. Recommendation
[FR Doc. 2019–19795 Filed 9–11–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review, and
Rescission of Review, in Part; 2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Dongbu Steel Co., Ltd./Dongbu
Incheon Steel Co., Ltd. (Dongbu)
received countervailable subsidies that
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AGENCY:
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17:27 Sep 11, 2019
Jkt 247001
are above de minimis, and that Hyundai
Steel Company (Hyundai Steel) received
countervailable subsidies that are de
minimis. The period of review (POR) is
January 1, 2017 through December 31,
2017. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jun Jack Zhao, 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) 482–2371 and (202) 482–1396,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2018, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on
CORE from Korea.1 On January 28,
2019, Commerce exercised its discretion
to toll all deadlines affected by the
partial federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.2 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.3 On
April 16, 2019, and July 23, 2019,
Commerce extended the deadline for the
preliminary results. The revised
deadline for the preliminary results of
this administrative review is September
6, 2019.4 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice); see
also Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 83 FR 50077 (October
4, 2018) (Initiation Notice Correction), n.4.
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
4 See Memoranda, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review—2017,’’ dated April 16,
2019 and July 23, 2019.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review; 2017: Certain CorrosionResistant Steel Products from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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48107
discussed in the Preliminary Decision
Memorandum is included at the
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,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Order
The merchandise covered by the order
is certain corrosion-resistant steel
products. For a complete description of
the scope of the order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In
Part
Commerce initiated a review of 23
companies in this segment of the
proceeding.6 The petitioners timely
withdrew their request for review of
Mitsubishi International Corp.,7 and no
other party requested a review of this
company. We are, therefore, rescinding
the review with respect to Mitsubishi
International Corp., in accordance with
19 CFR 351.213(d)(1).
Methodology
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
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.8 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not directly address the
6 See Initiation Notice and Initiation Notice
Correction.
7 See the Petitioners’ Letter, ‘‘Withdrawal of
Request for Administrative Review in Part, dated
September 10, 2018.
8 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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]]>Agencies
[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48105-48107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19795]
-----------------------------------------------------------------------
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; 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 countervailing duty (CVD) order on
polyethylene terephthalate film, sheet, and strip (PET film) from
India. The period of review (POR) is January 1, 2017 through December
31, 2017. We preliminarily determine that Jindal Poly Films Ltd.
(Jindal) and SRF Limited (SRF) received countervailable subsidies
during the POR. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
countervailing duty order on PET film from India, for the POR.\1\ In
accordance with sections 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213(b)(1) and (2), in July 2018, we
received four 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, Vacmet and Uflex Ltd. (Uflex). Finally, Jindal
and SRF 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, 83 FR 31121, 31122 (July 3, 2018).
---------------------------------------------------------------------------
Subsequently, on September 10, 2018, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a notice of initiation of an
administrative review of the countervailing duty order on PET Film from
India.\2\ On October 15, 2018, we placed on the record U.S. Customs and
Border Protection (CBP) import data \3\ for purposes of respondent
selection, and invited parties to comment.\4\ Because Jindal entered
its notice of appearance at a later point in time \5\ and did not
obtain its administrative protective order until after the comment
period for the CBP data issued on October 15, 2018, Commerce re-
released the CBP data on November 5, 2018, and extended the comment
period on the CBP import data for Jindal only. We received no comments
from interested parties. Subsequently, Polyplex USA timely withdrew its
request for a review on November 21, 2018, for all companies.\6\ Also,
on December 10, 2018, SRF withdrew its request for a review.\7\ We
selected Jindal and SRF as mandatory respondents.\8\
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596, 45604 (September 10, 2018)
(Initiation Notice).
\3\ Note: The CBP import data released on September 19, 2018,
was compiled based on the company names, and variations thereof,
whereas the CBP import data release of October 15, 2018, was
compiled based on the case number and POR, which captured Jindal's
and SRF's shipments of subject merchandise during the entire POR.
\4\ 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.
\5\ See Jindal's Letter, ``Polyethylene Terephthalate (Pet) Film
from India: Entry of Appearance and APO Application,'' dated October
23, 2018 (Jindal Entry of Appearance).
\6\ See Polyplex USA's Letter, ``Polyethylene Terephthalate
(PET) Film, Sheet, and Strip from India: Request for Withdrawal of
Countervailing Duty Administrative Review,'' dated November 21,
2018.
\7\ See SRF's Letter, ``Polyethylene Terephthalate (PET) Film
from India/Withdrawal of Request for countervailing Duty Admin
Review of SRF Limited (SRF),'' dated December 10, 2018.
\8\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip from India: Selection of Respondents for Individual
Examination--2017'' dated December 17, 2018 (Respondent Selection
Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\9\ If the new
deadline falls on a
[[Page 48106]]
non-business day, in accordance with Commerce's practice, the deadline
will become the next business day.\10\ On April 26, 2019,\11\ and July
10, 2019, we extended the deadline for the preliminary results of this
review.\12\ The revised deadline for the preliminary results is now
September 6, 2019.
---------------------------------------------------------------------------
\9\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\10\ Id.
\11\ 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.
\12\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
26, 2019; Memorandum, ``Second Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review'' dated July
10, 2019.
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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 eight companies in this segment of
the proceeding.\13\ In response to timely filed withdrawal requests, we
are rescinding this administrative review with respect to MTZ and
Uflex, pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies
subject to the instant review are: Ester; Garware; Jindal; Polyplex;
SRF; and Vacmet, of which Commerce has selected Jindal and SRF as the
mandatory respondents.\14\
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\13\ See Initiation Notice, 82 FR 42974, 42974 (September 13,
2017). The eight companies were Ester, Garware, Jindal, MTZ,
Polyplex, SRF, Uflex, and Vacmet.
\14\ See Respondent Selection Memorandum.
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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.\15\ 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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\15\ 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, looking to section
705(c)(5)(A) of the Act for guidance, a subsidy rate based on a simple
average of the subsidy rates calculated for Jindal and SRF because
complete publicly ranged sales data was not submitted by all
respondents selected for individual review.\16\
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\16\ Commerce intends to request complete publicly ranged
quantity and value data from respondents in this segment of the
proceeding.
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Preliminary Results of Review
We preliminarily determine the total estimated net countervailable
subsidy rates for the period January 1, 2017, through December 31, 2017
to be:
------------------------------------------------------------------------
Subsidy
rate
Manufacturer/exporter (percent
ad valorem)
------------------------------------------------------------------------
Jindal Poly Films Limited of India......................... 9.41
SRF Limited................................................ 7.22
Ester Industries Limited................................... 8.32
Garware Polyester Ltd...................................... 8.32
Polyplex Corporation Ltd................................... 8.32
Vacmet India Limited....................................... 8.32
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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.\17\ Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance at a date to be determined.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\18\ Rebuttal briefs must be limited to issues raised in the
case briefs.\19\ 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.\20\
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\17\ See 19 CFR 351.224(b).
\18\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\19\ See 19 CFR 351.309(d)(2).
\20\ 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.\21\ 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.\22\
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.\23\ 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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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310.
\23\ 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.
[[Page 48107]]
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: September 6, 2019.
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. Period of Review
6. Subsidies Valuation Information
7. Analysis of Programs
8. Recommendation
[FR Doc. 2019-19795 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P
