Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 74690-74692 [2020-25857]
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74690
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
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. Application of Facts Available and Use of
Adverse Inferences
V. Recommendation
[FR Doc. 2020–25856 Filed 11–20–20; 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; 2018–2019
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, 2018
through June 30, 2019. This review
covers Jindal Poly Films Ltd. (India), a
producer and exporter of PET film from
India. Commerce preliminarily
determines that sales of subject
merchandise have not been made below
normal value by Jindal Poly Films Ltd.
(India) during the POR. We are also
rescinding on seven companies where
timely requests for withdrawals were
filed by all parties who requested the
reviews. The seven companies are as
follows: Ester Industries Limited;
Garware Polyester Ltd.; MTZ Polyesters
Ltd.; Polyplex Corporation Ltd.; SRF
Limited of India; Uflex Ltd.; and Vacmet
India Limited. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
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
AGENCY:
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17:07 Nov 20, 2020
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NW, Washington, DC 20230; telephone:
(202) 482–5255.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2019, 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, 2018 through June 30, 2019.1 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 2019,
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 In addition to the petitioners
and Polyplex requesting a review of
Jindal, Jindal self-requested.3
Subsequently, on September 9, 2019,
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.4
On September 27, 2019, 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.5 No parties filed
comments.
1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 84 FR 31295 (July
1, 2019).
2 See Letter DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., and SKC, Inc. (collectively,
petitioners), ‘‘Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from India, Request for
Antidumping Duty Administrative Review,’’ dated
July 15, 2019 (Petitioners’ Review Request); see also
Letter Polyplex USA LLC, ‘‘Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India: Polyplex USA LLC’s Request for AD
Administrative Review,’’ dated July 18, 2019
(Polyplex’s Review Request); see also Letter SRF
Limited, ‘‘Polyethylene Terephthalate Film, (PET
Film) from India: Request for Administrative
Review of the Antidumping Duty Order,’’ dated July
26, 2019; see also Letter Jindal Poly Films Limited
of India, ‘‘Polyethylene Terephthalate Film, (PET
Film) from India: Request for Administrative
Review,’’ dated July 31, 2019.
3 See Petitioners’ Review Request; see also
Polyplex’s Review Request; see also Jindal’s Review
Request.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242, 47243–47244 (September 9, 2019) (Initiation
Notice).
5 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip (PET) Film
from India: Release of U.S. Customs Entry Data for
Respondent Selection,’’ dated September 27, 2019
(September 2019 Import Data Memo).
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On November 29, 2019, Commerce
determined to limit the number of
companies subject to individual
examination and selected Garware and
Jindal as mandatory respondents.6 On
December 6, 2019, the petitioners
submitted a timely letter withdrawing
its request to review Ester, Garware,
Polyplex, SRF, Jindal, and Vacmet.7
Also on December 6, 2019, Polyplex
USA LLC submitted a timely filed letter
withdrawing its request to review Ester,
Garware, Jindal, MTZ, Polyplex, SRF,
Uflex, and Vacmet.8 SRF also filed a
timely filed letter of withdrawal.9
We issued our initial questionnaire to
Jindal on December 9, 2019. The
deadline for withdrawal requests was
December 9, 2019.10 Jindal submitted its
request for withdrawal on December 19,
2019.11
On March 23, 2020, 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 67
days, from April 1, 2020 to July 7,
2020.12 On April 24, 2020, Commerce
issued a memorandum tolling all
deadlines for administrative reviews,
including this one, by 50 days.13 On
July 21, 2020 Commerce issued another
memorandum tolling all deadlines for
administrative reviews by a total of 60
days.14 On October 21, 2020 in
accordance with section 751(a)(3)(A) of
6 See Memorandum, ‘‘Administrative Review of
Antidumping Duty Order on Polyethylene
Terephthalate Film, (PET Film) from India:
Selection of Respondents for Individual
Examination (Respondent Selection Memo),
November 29, 2019.
7 See Letter Petitioners, ‘‘Polyethylene
Terephthalate Film, Sheet and Strip from India:
Request for Withdrawal of Antidumping
Administrative Review,’’ dated December 6, 2019.
8 See Letter Polyplex USA LLC, ‘‘Polyethylene
Terephthalate Film, Sheet and Strip from India:
Request for Withdrawal of Anti-dumping
Administrative Review,’’ dated December 6, 2019.
9 See Letter SRF Limited, ‘‘Polyethylene
Terephthalate Film, Sheet and Strip from India/
Withdrawal of Request for Antidumping Duty
Admin Review of SRF Limited (SRF),’’ dated
December 7, 2019.
10 See 19 CFR 351.213(d)(1).
11 See Letter Jindal, ‘‘Polyethylene Terephthalate
Film, Sheet and Strip from India: Withdrawal of
Request for Administrative Review,’’ dated
December 17, 2019. (The deadline for withdrawal
of review request was December 9, 2019.)
12 See Memorandum ‘‘Polyethylene Terephthalate
Film, Sheet and Strip from India: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review (2018–2019),’’ dated
March 23, 2020.
13 See Memorandum ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
14 Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ July 21, 2020.
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
the Act and 19 CFR 351.213(h)(2),
Commerce extended the due date for the
preliminary results by an additional 23
days. The current deadline is November
17, 2020.15
Scope of the Order
The merchandise subject to the order
is PET Film. The PET Film subject to
the order is currently classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS number is provided for
convenience and for customs purposes,
the written product description,
available in the Preliminary Decision
Memorandum, remains dispositive.16
Partial Rescission of Administrative
Review
Commerce initiated a review of eight
companies in this proceeding.17 We are
rescinding this administrative review
with respect to seven of these
companies: Ester, Garware, MTZ,
Polyplex, SRF, Uflex, and Vacmet,
pursuant to 19 CFR 351.213(d)(1),
because all review requests of these
companies were timely withdrawn.18
Accordingly, the only company that
remains subject to the instant review is
Jindal, as explained in the
‘‘Background’’ section.
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. In addition, a
15 See Memorandum, ‘‘Polyethylene terephthalate
(PET) film, sheet, and strip (PET Film) from India:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2018–
2019),’’ dated October 21, 2020.
16 See ‘‘Decision Memorandum for Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from India; 2018–2019’’
(Preliminary Decision Memorandum), which is
hereby adopted by this notice.
17 See Initiation Notice.
18 See Preliminary Decision Memorandum at 4.
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17:07 Nov 20, 2020
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complete version of the Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. 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, 2018 through June 30,
2019:
Manufacturer/exporter
Weightedaverage
margin
(percent)
Jindal Poly Films Ltd. (India) ......
0.00
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 seven days after the date
for filing case briefs.19 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.20
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.
19 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
20 See
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74691
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 in accordance with 19 CFR
351.212(b). 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.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
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. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
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
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74692
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
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.
Background
DEPARTMENT OF COMMERCE
On September 9, 2019, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on
CORE from Korea.1 On March 19, 2020,
Commerce extended the deadline for the
preliminary results of this review.2 On
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.3 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by an additional 60 days.4 The
revised deadline for the preliminary
results is November 17, 2020.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
Appendix I 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. 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.
International Trade Administration
Scope of the Order
Notification to Interested Parties
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: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
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. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–25857 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain corrosion-resistant steel
products from the Republic of Korea.
The period of review (POR) is January
1, 2018 through December 31, 2018.
DATES: Applicable November 23, 2020.
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.
AGENCY:
SUPPLEMENTARY INFORMATION:
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17:07 Nov 20, 2020
Jkt 253001
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.
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019) (Initiation Notice).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review—2018,’’ dated March 19,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review; 2018: 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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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.6 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Companies Not Selected for Individual
Review
For the companies not selected for
individual review, because the rates
calculated for Dongbu and Hyundai
Steel were above de minimis and not
based entirely on facts available, we
applied a subsidy rate based on a
weighted-average of the subsidy rates
calculated for Dongbu and Hyundai
Steel using publicly ranged sales data
submitted by respondents.7
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates to be:
Company
Dongbu Steel Co., Ltd./
Dongbu Incheon Steel
Co., Ltd. ......................
Hyundai Steel Company
Non-Selected Companies
Under Review8 ............
Net
countervailable
subsidy rate
(percent ad
valorem) 2018
6.87
0.51
3.13
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce shall determine, and
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 this review.
6 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.
7 With two respondents under review, Commerce
normally calculates: (A) A weighted-average of the
estimated subsidy rates calculated for the examined
respondents; (B) a simple average of the estimated
subsidy rates calculated for the examined
respondents; and (C) a weighted-average of the
estimated subsidy rates calculated for the examined
respondents using each company’s publicly ranged
U.S. sales quantities for the merchandise under
consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters.
8 See Appendix II.
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Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74690-74692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25857]
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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; 2018-2019
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, 2018 through June 30, 2019. This review
covers Jindal Poly Films Ltd. (India), a producer and exporter of PET
film from India. Commerce preliminarily determines that sales of
subject merchandise have not been made below normal value by Jindal
Poly Films Ltd. (India) during the POR. We are also rescinding on seven
companies where timely requests for withdrawals were filed by all
parties who requested the reviews. The seven companies are as follows:
Ester Industries Limited; Garware Polyester Ltd.; MTZ Polyesters Ltd.;
Polyplex Corporation Ltd.; SRF Limited of India; Uflex Ltd.; and Vacmet
India Limited. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
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.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2019, 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,
2018 through June 30, 2019.\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 2019, 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\ In
addition to the petitioners and Polyplex requesting a review of Jindal,
Jindal self-requested.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 31295 (July 1, 2019).
\2\ See Letter DuPont Teijin Films, Mitsubishi Polyester Film,
Inc., and SKC, Inc. (collectively, petitioners), ``Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film) from India, Request
for Antidumping Duty Administrative Review,'' dated July 15, 2019
(Petitioners' Review Request); see also Letter Polyplex USA LLC,
``Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from
India: Polyplex USA LLC's Request for AD Administrative Review,''
dated July 18, 2019 (Polyplex's Review Request); see also Letter SRF
Limited, ``Polyethylene Terephthalate Film, (PET Film) from India:
Request for Administrative Review of the Antidumping Duty Order,''
dated July 26, 2019; see also Letter Jindal Poly Films Limited of
India, ``Polyethylene Terephthalate Film, (PET Film) from India:
Request for Administrative Review,'' dated July 31, 2019.
\3\ See Petitioners' Review Request; see also Polyplex's Review
Request; see also Jindal's Review Request.
---------------------------------------------------------------------------
Subsequently, on September 9, 2019, 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.\4\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242, 47243-47244 (September 9, 2019)
(Initiation Notice).
---------------------------------------------------------------------------
On September 27, 2019, 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.\5\ No parties filed comments.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip (PET) Film from
India: Release of U.S. Customs Entry Data for Respondent
Selection,'' dated September 27, 2019 (September 2019 Import Data
Memo).
---------------------------------------------------------------------------
On November 29, 2019, Commerce determined to limit the number of
companies subject to individual examination and selected Garware and
Jindal as mandatory respondents.\6\ On December 6, 2019, the
petitioners submitted a timely letter withdrawing its request to review
Ester, Garware, Polyplex, SRF, Jindal, and Vacmet.\7\ Also on December
6, 2019, Polyplex USA LLC submitted a timely filed letter withdrawing
its request to review Ester, Garware, Jindal, MTZ, Polyplex, SRF,
Uflex, and Vacmet.\8\ SRF also filed a timely filed letter of
withdrawal.\9\
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\6\ See Memorandum, ``Administrative Review of Antidumping Duty
Order on Polyethylene Terephthalate Film, (PET Film) from India:
Selection of Respondents for Individual Examination (Respondent
Selection Memo), November 29, 2019.
\7\ See Letter Petitioners, ``Polyethylene Terephthalate Film,
Sheet and Strip from India: Request for Withdrawal of Antidumping
Administrative Review,'' dated December 6, 2019.
\8\ See Letter Polyplex USA LLC, ``Polyethylene Terephthalate
Film, Sheet and Strip from India: Request for Withdrawal of Anti-
dumping Administrative Review,'' dated December 6, 2019.
\9\ See Letter SRF Limited, ``Polyethylene Terephthalate Film,
Sheet and Strip from India/Withdrawal of Request for Antidumping
Duty Admin Review of SRF Limited (SRF),'' dated December 7, 2019.
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We issued our initial questionnaire to Jindal on December 9, 2019.
The deadline for withdrawal requests was December 9, 2019.\10\ Jindal
submitted its request for withdrawal on December 19, 2019.\11\
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\10\ See 19 CFR 351.213(d)(1).
\11\ See Letter Jindal, ``Polyethylene Terephthalate Film, Sheet
and Strip from India: Withdrawal of Request for Administrative
Review,'' dated December 17, 2019. (The deadline for withdrawal of
review request was December 9, 2019.)
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On March 23, 2020, 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 67 days, from April 1, 2020 to
July 7, 2020.\12\ On April 24, 2020, Commerce issued a memorandum
tolling all deadlines for administrative reviews, including this one,
by 50 days.\13\ On July 21, 2020 Commerce issued another memorandum
tolling all deadlines for administrative reviews by a total of 60
days.\14\ On October 21, 2020 in accordance with section 751(a)(3)(A)
of
[[Page 74691]]
the Act and 19 CFR 351.213(h)(2), Commerce extended the due date for
the preliminary results by an additional 23 days. The current deadline
is November 17, 2020.\15\
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\12\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2018-2019),'' dated March
23, 2020.
\13\ See Memorandum ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\14\ Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' July 21, 2020.
\15\ See Memorandum, ``Polyethylene terephthalate (PET) film,
sheet, and strip (PET Film) from India: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review (2018-
2019),'' dated October 21, 2020.
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Scope of the Order
The merchandise subject to the order is PET Film. The PET Film
subject to the order is currently classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS number is provided for convenience and for
customs purposes, the written product description, available in the
Preliminary Decision Memorandum, remains dispositive.\16\
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\16\ See ``Decision Memorandum for Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip from India; 2018-
2019'' (Preliminary Decision Memorandum), which is hereby adopted by
this notice.
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Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this
proceeding.\17\ We are rescinding this administrative review with
respect to seven of these companies: Ester, Garware, MTZ, Polyplex,
SRF, Uflex, and Vacmet, pursuant to 19 CFR 351.213(d)(1), because all
review requests of these companies were timely withdrawn.\18\
Accordingly, the only company that remains subject to the instant
review is Jindal, as explained in the ``Background'' section.
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\17\ See Initiation Notice.
\18\ See Preliminary Decision Memorandum at 4.
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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. In addition, a complete version of the
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.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2018
through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd. (India)............................. 0.00
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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 seven days after the date for filing case briefs.\19\
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.\20\
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\19\ See 19 CFR 351.309(d).
\20\ 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 completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries in accordance with 19 CFR
351.212(b). 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.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
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. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
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
[[Page 74692]]
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.
Notification to Interested Parties
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: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
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. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020-25857 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P