Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2017-2018, 48123-48125 [2019-19796]
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
Notification to Importers
This notice serves as the only
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
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: September 9, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–19791 Filed 9–11–19; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith at (202) 482–
5255; AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2018, 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, 2017 through June 30, 2018.1 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 2018,
we received requests for reviews of the
following companies: Ester Industries
Limited (Ester); Garware Polyester Ltd.
(Garware); MTZ Polyesters Ltd. (MTZ);
Polyplex Corporation Ltd. (Polyplex);
SRF Limited of India (SRF); Jindal Poly
Films Ltd. (India) (Jindal); Uflex Ltd.
(Uflex); and Vacmet India Limited
(Vacmet).2
Subsequently, on September 10, 2018,
in accordance with 19 CFR
351.221(b)(1), Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on PET film from India.3
On September 25, 2018, 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 On November 1, 2018, we
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; 2017–2018
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
exporters of polyethylene terephthalate
film, sheet, and strip (PET film) from
India sold subject merchandise below
normal value. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 12, 2019.
jbell on DSK3GLQ082PROD with NOTICES
AGENCY:
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1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 83 FR 31121 (July
3, 2018); see also See Notice of Amended Final
Antidumping Duty Determination of Sales at Less
Than Fair Value and Antidumping Duty Order:
Polyethylene Film, Sheet, and Strip from India 67
FR 44176 (July 1, 2002) (Order).
2 See Petitioners’ Letter, ‘‘Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from
India: Request for Antidumping Duty
Administrative Review,’’ dated July 31, 2018; see
also Polyplex USA LLC’s Letter, ‘‘Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from
India: Request for Antidumping Duty
Administrative Review,’’ dated July 27, 2018;
Jindal’s Letter, ‘‘Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Request for
Administrative Review,’’ dated July 30, 2018; and
SRF Limited’s Letter, ‘‘Polyethylene Terephthalate
(PET) Film from India: Requests for Antidumping
Admin Review,’’ dated July 30, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
4 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip (PET) Film
from India: Release of U.S. Customs Entry Data for
Respondent Selection; 2017–2018,’’ dated
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48123
released the CBP import data again for
Jindal to have the opportunity to submit
comments, since it did not receive its
APO until after the original deadline for
comments had passed.5
On December 12, 2018, 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.6
We issued our initial questionnaires
to Jindal and SRF on March 14, 2019.
The deadline for withdrawal requests
was December 9, 2018.7
On January 28, 2019, Commerce
issued a memorandum tolling all
deadlines for this administrative review
by 40 days.8 On May 8, 2019, 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 65
days, from May 13, 2019, to July 16,
2019.9 On July 5, 2019, 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 52
days. The current deadline is September
6, 2019.10
September 25, 2018 (September 2018 Import Data
Memo). The ‘‘Countervailing Duty Order’’ in the
title is an error. This is the Import Data for the
antidumping duty administrative review as
indicated by the case number (A–533–824) in the
upper right-hand corner.
5 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Polyethylene
Terephthalate Film, Sheet, and Strip Film from
India: Release of U.S. Customs Entry Data for
Respondent Selection; 2017–2018,’’ dated
November 1, 2018 (November 2018 Import Data
Memo). The ‘‘Countervailing Duty Order’’ in the
title is an error. This is the Import Data for the
antidumping duty administrative review as
indicated by the case number (A–533–824) in the
upper right-hand corner.
6 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 December 12, 2018
(Respondent Selection Memorandum). SRF Limited
of India and SRF limited are the same company.
7 See 19 CFR 351.213(d)(1).
8 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.
9 See Memorandum ‘‘Polyethylene Terephthalate
Film, Sheet and Strip from India: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review’’ dated May 8, 2019.
10 See Memorandum, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip from India:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2017–
2018),’’ dated July 5, 2019.
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
Scope of the Order
The merchandise subject to the Order
is PET film and is currently classifiable
in the Harmonized Tariff Schedule of
the United States (HTSUS) under item
number 3920.62.00.90. A full
description of the scope of the Order is
contained in the accompanying
Preliminary Decision Memorandum.11
Partial Rescission of Administrative
Review
Commerce initiated a review of eight
companies in this proceeding.12 We are
rescinding this administrative review
with respect to MTZ and Uflex,
pursuant to 19 CFR 351.213(d)(1),
because all review requests of these
companies were timely withdrawn.13
Accordingly, the companies that remain
subject to the instant review are: Ester;
Garware; Jindal; Polyplex; SRF; and
Vacmet.
Companies Not Selected for Individual
Examination
Based upon the guidance provided in
section 735(c)(5) of the Tariff Act of
1930, as amended (the Act), we have
preliminarily assigned to those
companies not selected for individual
examination the rate calculated for
Jindal in this administrative review.
Because SRF’s preliminary rate is de
minimis, we are not including it in the
calculation for companies not selected
for individual examination.14
jbell on DSK3GLQ082PROD with NOTICES
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
11 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2017–2018,’’ dated concurrently with,
and hereby adopted, by this notice (Preliminary
Decision Memorandum) at 2–3.
12 See Initiation Notice.
13 See Preliminary Decision Memorandum at 4.
14 See the Preliminary Decision Memorandum.
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Jkt 247001
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.
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 issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. For any individually examined
respondents whose weighted-average
Weighteddumping margin is above de minimis
average
(i.e., 0.50 percent), we will calculate
Manufacturer/exporter
margin
importer-specific ad valorem duty
(percent)
assessment rates based on the ratio of
Jindal Poly Films Ltd. (India)
6.55 the total amount of dumping calculated
SRF Limited of India .............
0.00 for the importer’s examined sales to the
Ester Industries Limited ........
6.55 total entered value of those same sales
Garware Polyester Ltd ..........
6.55 in accordance with 19 CFR
Polyplex Corporation Ltd ......
6.55 351.212(b)(1).17
We will instruct CBP to
Vacmet India Limited ............
6.55
assess antidumping duties on all
appropriate entries covered by this
Disclosure and Public Comment
review when the importer-specific
We intend to disclose the calculations assessment rate calculated in the final
performed to parties in this proceeding
results of this review is not zero or de
within five days after public
minimis. If either individually-selected
announcement of the preliminary
respondents’ weighted-average dumping
results in accordance with 19 CFR
margin is zero or de minimis, we will
351.224(b). Pursuant to 19 CFR
instruct CBP to liquidate the appropriate
351.309(c), interested parties may
entries without regard to antidumping
submit case briefs not later than 30 days duties. The final results of this review
after the date of publication of this
shall be the basis for the assessment of
notice. Rebuttal briefs, limited to issues
antidumping duties on entries of
raised in the case briefs, may be filed
merchandise covered by this review
not later than five days after the date for where applicable.
filing case briefs.15 Parties who submit
In accordance with Commerce’s
case briefs or rebuttal briefs in this
‘‘automatic assessment’’ practice, for
proceeding are encouraged to submit
entries of subject merchandise during
with each argument: (1) A statement of
the POR produced by Jindal Poly Films
the issue; (2) a brief summary of the
(India) or SRF Limited of India for
argument; and (3) a table of
which each company did not know that
authorities.16
the merchandise was destined for the
Pursuant to 19 CFR 351.310(c),
United States, we will instruct CBP to
interested parties who wish to request a liquidate those entries at the all-others
hearing, must submit a written request
rate if there is no rate for the
to the Acting Assistant Secretary for
intermediate company(ies) involved in
Enforcement and Compliance, filed
the transaction. We intend to issue
electronically via ACCESS. An
instructions to CBP 15 days after the
electronically filed document must be
publication date of the final results of
received successfully in its entirety by
this review.
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within Cash Deposit Requirements
The following deposit requirements
30 days after the date of publication of
this notice. Requests should contain: (1) will be effective for all shipments of
The party’s name, address and
17 In these preliminary results, Commerce applied
telephone number; (2) the number of
participants; and (3) a list of issues to be the assessment rate calculation methodology
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period July 1, 2017, through June 30,
2018.
15 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
16 See
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adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\12SEN1.SGM
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
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.18 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: September 6, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
jbell on DSK3GLQ082PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Companies Not Selected for Individual
Examination
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price and Constructed Export
Price
IX. Normal Value
X. Currency Conversion
18 See
Order.
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XI. Recommendation
[FR Doc. 2019–19796 Filed 9–11–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–109]
Ceramic Tile From the People’s
Republic of China: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
ceramic tile from the People’s Republic
of China (China). The period of
investigation is January 1, 2018 through
December 31, 2018. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, Moses Song, or John
McGowan, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3813,
(202) 482–7885, or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 8, 2019.1 On June 24, 2019,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now September
6, 2019.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See
Ceramic Tile from the People’s Republic of
China: Initiation of Countervailing Duty
Investigations, 84 FR 20101 (May 8, 2019)
(Initiation Notice).
2 See Ceramic Tile from the People’s Republic of
China: Postponement of Preliminary Determination
in the Countervailing Duty Investigation, 84 FR
29497 (June 24, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
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48125
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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 Investigation
The product covered by this
investigation is ceramic tile from China.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
Countervailing Duty Investigation of Ceramic Tile
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Ceramic Tile from the
People’s Republic of China: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated September 6, 2019.
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]]>Agencies
[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48123-48125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19796]
-----------------------------------------------------------------------
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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of polyethylene terephthalate film, sheet, and strip (PET
film) from India sold subject merchandise below normal value.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255; AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2018, 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,
2017 through June 30, 2018.\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 2018, we received requests for reviews of the following
companies: Ester Industries Limited (Ester); Garware Polyester Ltd.
(Garware); MTZ Polyesters Ltd. (MTZ); Polyplex Corporation Ltd.
(Polyplex); SRF Limited of India (SRF); Jindal Poly Films Ltd. (India)
(Jindal); 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, 83 FR 31121 (July 3, 2018); see also See Notice of Amended
Final Antidumping Duty Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Polyethylene Film, Sheet, and
Strip from India 67 FR 44176 (July 1, 2002) (Order).
\2\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Request for Antidumping Duty
Administrative Review,'' dated July 31, 2018; see also Polyplex USA
LLC's Letter, ``Polyethylene Terephthalate (PET) Film, Sheet, and
Strip from India: Request for Antidumping Duty Administrative
Review,'' dated July 27, 2018; Jindal's Letter, ``Polyethylene
Terephthalate (PET) Film, Sheet, and Strip from India: Request for
Administrative Review,'' dated July 30, 2018; and SRF Limited's
Letter, ``Polyethylene Terephthalate (PET) Film from India: Requests
for Antidumping Admin Review,'' dated July 30, 2018.
---------------------------------------------------------------------------
Subsequently, on September 10, 2018, in accordance with 19 CFR
351.221(b)(1), 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, 83 FR 45596 (September 10, 2018) (Initiation
Notice).
---------------------------------------------------------------------------
On September 25, 2018, 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\ On November 1, 2018, we released the CBP
import data again for Jindal to have the opportunity to submit
comments, since it did not receive its APO until after the original
deadline for comments had passed.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip (PET) Film from India: Release of U.S. Customs Entry Data
for Respondent Selection; 2017-2018,'' dated September 25, 2018
(September 2018 Import Data Memo). The ``Countervailing Duty Order''
in the title is an error. This is the Import Data for the
antidumping duty administrative review as indicated by the case
number (A-533-824) in the upper right-hand corner.
\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip Film from India: Release of U.S. Customs Entry Data for
Respondent Selection; 2017-2018,'' dated November 1, 2018 (November
2018 Import Data Memo). The ``Countervailing Duty Order'' in the
title is an error. This is the Import Data for the antidumping duty
administrative review as indicated by the case number (A-533-824) in
the upper right-hand corner.
---------------------------------------------------------------------------
On December 12, 2018, 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.\6\
---------------------------------------------------------------------------
\6\ 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
December 12, 2018 (Respondent Selection Memorandum). SRF Limited of
India and SRF limited are the same company.
---------------------------------------------------------------------------
We issued our initial questionnaires to Jindal and SRF on March 14,
2019. The deadline for withdrawal requests was December 9, 2018.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
On January 28, 2019, Commerce issued a memorandum tolling all
deadlines for this administrative review by 40 days.\8\ On May 8, 2019,
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 65 days, from May 13, 2019, to July 16,
2019.\9\ On July 5, 2019, 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 52 days. The current deadline
is September 6, 2019.\10\
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\8\ 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.
\9\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review'' dated May 8, 2019.
\10\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip from India: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review (2017-2018),'' dated July
5, 2019.
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[[Page 48124]]
Scope of the Order
The merchandise subject to the Order is PET film and is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item number 3920.62.00.90. A full description of the
scope of the Order is contained in the accompanying Preliminary
Decision Memorandum.\11\
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\11\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review: Polyethylene Terephthalate Film, Sheet, and Strip from
India; 2017-2018,'' dated concurrently with, and hereby adopted, by
this notice (Preliminary Decision Memorandum) at 2-3.
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Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this
proceeding.\12\ We are rescinding this administrative review with
respect to MTZ and Uflex, pursuant to 19 CFR 351.213(d)(1), because all
review requests of these companies were timely withdrawn.\13\
Accordingly, the companies that remain subject to the instant review
are: Ester; Garware; Jindal; Polyplex; SRF; and Vacmet.
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\12\ See Initiation Notice.
\13\ See Preliminary Decision Memorandum at 4.
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Companies Not Selected for Individual Examination
Based upon the guidance provided in section 735(c)(5) of the Tariff
Act of 1930, as amended (the Act), we have preliminarily assigned to
those companies not selected for individual examination the rate
calculated for Jindal in this administrative review. Because SRF's
preliminary rate is de minimis, we are not including it in the
calculation for companies not selected for individual examination.\14\
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\14\ See the 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.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2017,
through June 30, 2018.
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd. (India).......................... 6.55
SRF Limited of India.................................... 0.00
Ester Industries Limited................................ 6.55
Garware Polyester Ltd................................... 6.55
Polyplex Corporation Ltd................................ 6.55
Vacmet India Limited.................................... 6.55
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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.\15\ 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.\16\
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\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.303 (for general filing requirements).
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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 issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For any
individually examined respondents whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\17\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is not zero or de minimis. If either individually-selected respondents'
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review where applicable.
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\17\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Jindal
Poly Films (India) or SRF Limited of India for which each company did
not know that the merchandise was destined for the United States, we
will instruct CBP to liquidate those entries at the all-others 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 the
publication date of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of
[[Page 48125]]
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.\18\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See Order.
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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: September 6, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price and Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019-19796 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P
