Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2018, 74679-74680 [2020-25858]
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
containing business proprietary
information, until further notice.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, 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. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location hearing two days before the
scheduled date.
We intend to issue the final results of
this administrative review, including
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled 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.
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. Preliminary Determination of No
Shipments
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
18 See
Temporary Rule.
VerDate Sep<11>2014
17:07 Nov 20, 2020
Jkt 253001
VIII. Recommendation
[FR Doc. 2020–25816 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
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.
Commerce preliminarily determines
that Jindal Poly Films Ltd. (Jindal)
received countervailable subsidies
during the Period of Review. The period
of review (POR) is January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Konrad Ptaszynski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6187.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 9, 2019, Commerce
published a notice of initiation of an
administrative review of the CVD order
on PET Film from India.1 On March 18,
2020, Commerce extended the deadline
for the preliminary results of this review
to no later than July 20, 2020.2 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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242, 47251 (September 9, 2019) (Initiation
Notice).
2 See Memorandum, ‘‘Polyethylene Terephthalate
Film, Sheet, and Strip from India: Extension of
Deadline for Preliminary Results of Countervailing
Duty Administrative Review; 2018,’’ dated March
18, 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.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
74679
an additional 60 days.4 Accordingly, the
deadline for the preliminary results of
this review was postponed to 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 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.
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. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.6
Partial Rescission of Administrative
Review
Commerce initiated a review of eight
companies in this segment of the
proceeding.7 In response to timely filed
withdrawal requests, we are rescinding
this administrative review with respect
to Ester, Garware, MTZ, Polyplex, SRF,
Uflex, and Vacmet, pursuant to 19 CFR
351.213(d)(1). Accordingly, the only
company subject to the instant review is
Jindal.
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: Polyethylene
Terephthalate Film, Sheet, and Strip from India,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 Id.
7 See Initiation Notice, 84 FR 47242, 47251
(September 9, 2019). The eight companies were
Ester Industries Limited.; Garware Polyester Ltd.;
Jindal Poly Films Limited.; MTZ Polyesters Ltd.;
Polyplex Corporation Ltd.; SRF Limited.; Uflex Ltd.;
Vacmet India Limited.
E:\FR\FM\23NON1.SGM
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74680
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found to
be countervailable, we preliminarily
find that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.8 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
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. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed in
reaching the preliminary results within
five days of publication of these
Preliminary Results of Review
preliminary results.9 Interested parties
may
submit written comments (case
We preliminarily determine the
briefs) on the preliminary results no
following net countervailable subsidy
later than 30 days from the date of
rate for the mandatory respondent,
publication of this Federal Register
Jindal, for the period January 1, 2018
notice, and rebuttal comments (rebuttal
through December 31, 2018:
briefs) within five days after the time
limit for filing case briefs.10 Pursuant to
Subsidy
19 CFR 351.309(d)(2), rebuttal briefs
rate
Manufacturer/exporter
(percent
must be limited to issues raised in the
ad valorem) case briefs. Parties who submit
Jindal Poly Films Limited ..........
11.65 arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
Assessment Rates
argument; and (3) a table of
Consistent with section 751(a)(1) of
authorities.11 All briefs must be filed
the Act and 19 CFR 351.212(b)(2), upon electronically using ACCESS.
issuance of the final results, Commerce
Pursuant to 19 CFR 351.310(c),
will determine, and U.S. Customs and
interested parties who wish to request a
Border Protection (CBP) shall assess,
hearing must submit a written request to
countervailing duties on all appropriate the Assistant Secretary for Enforcement
entries covered by this review. We
and Compliance, filed electronically via
intend to issue instructions to CBP 15
ACCESS by 5 p.m. Eastern Time within
days after publication of the final results 30 days after the date of publication of
of this review. For the companies for
this notice.12 Hearing requests should
which this review is rescinded,
contain: (1) The party’s name, address,
Commerce will instruct CBP to assess
and telephone number; (2) the number
countervailing duties on all appropriate of participants; and (3) a list of the
entries at a rate equal to the cash deposit issues to be discussed. Issues addressed
of estimated countervailing duties
at the hearing will be limited to those
required at the time of entry, or
raised in the briefs. If a request for a
withdrawal from warehouse, for
hearing is made, Commerce intends to
consumption, during the period January hold the hearing at a date and time to
1, 2018 through December 31, 2018, in
be determined.13
accordance with 19 CFR
An electronically-filed document
351.212(c)(1)(i). Commerce intends to
must be received successfully in its
issue appropriate assessment
entirety by ACCESS by 5:00 p.m.
instructions directly to CBP 15 days
Eastern Time on the established
after publication of this notice.
deadline. Note that Commerce has
temporarily modified certain of its
Cash Deposit Requirements
requirements for serving documents
In accordance with section
containing business proprietary
751(a)(2)(C) of the Act, Commerce also
information, until further notice.14
intends to instruct CBP to collect cash
Parties are reminded that briefs and
deposits of estimated countervailing
duties in the amount shown above for
9 See 19 CFR 351.224(b).
Jindal, with regard to shipments of
10 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
subject merchandise entered, or
19 CFR 351.303 (for general filing requirements).
11 See 19 CFR 351.309(c)(2) and (d)(2).
withdrawn from warehouse, for
12 See
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.
VerDate Sep<11>2014
17:07 Nov 20, 2020
Jkt 253001
19 CFR 351.310(c).
19 CFR 351.310(c).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See
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Frm 00017
Fmt 4703
Sfmt 4703
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15
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, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
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. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2020–25858 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–838, A–557–823, A–549–843, A–552–
832]
Polyester Textured Yarn From
Indonesia, Malaysia, Thailand, and the
Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw at (202) 482–0697
(Indonesia); Daniel Alexander at (202)
486–2000 (Malaysia); Peter Zukowski at
AGENCY:
15 Id.
E:\FR\FM\23NON1.SGM
23NON1
]]>Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74679-74680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25858]
-----------------------------------------------------------------------
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; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
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. Commerce preliminarily determines that Jindal Poly Films Ltd.
(Jindal) received countervailable subsidies during the Period of
Review. The period of review (POR) is January 1, 2018 through December
31, 2018. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6187.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2019, Commerce published a notice of initiation of
an administrative review of the CVD order on PET Film from India.\1\ On
March 18, 2020, Commerce extended the deadline for the preliminary
results of this review to no later than July 20, 2020.\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\ Accordingly, the
deadline for the preliminary results of this review was postponed to
November 17, 2020.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242, 47251 (September 9, 2019)
(Initiation Notice).
\2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip from India: Extension of Deadline for Preliminary Results
of Countervailing Duty Administrative Review; 2018,'' dated March
18, 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.
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2018:
Polyethylene Terephthalate Film, Sheet, and Strip from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this segment of
the proceeding.\7\ In response to timely filed withdrawal requests, we
are rescinding this administrative review with respect to Ester,
Garware, MTZ, Polyplex, SRF, Uflex, and Vacmet, pursuant to 19 CFR
351.213(d)(1). Accordingly, the only company subject to the instant
review is Jindal.
---------------------------------------------------------------------------
\7\ See Initiation Notice, 84 FR 47242, 47251 (September 9,
2019). The eight companies were Ester Industries Limited.; Garware
Polyester Ltd.; Jindal Poly Films Limited.; MTZ Polyesters Ltd.;
Polyplex Corporation Ltd.; SRF Limited.; Uflex Ltd.; Vacmet India
Limited.
---------------------------------------------------------------------------
[[Page 74680]]
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found to be countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rate for the mandatory respondent, Jindal, for the period
January 1, 2018 through December 31, 2018:
------------------------------------------------------------------------
Subsidy
rate
Manufacturer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Jindal Poly Films Limited.................................. 11.65
------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review. For the companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2018 through December 31, 2018, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Jindal, with regard
to 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. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\9\ Interested parties may
submit written comments (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\10\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. Parties who submit arguments 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.\11\ All briefs must be
filed electronically using ACCESS.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\12\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\14\ Parties are reminded that briefs
and hearing requests are to be filed electronically using ACCESS and
that electronically filed documents must be received successfully in
their entirety by 5 p.m. Eastern Time on the due date. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\15\
---------------------------------------------------------------------------
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\15\ Id.
---------------------------------------------------------------------------
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, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2020-25858 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P
