Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind in Part; 2019, 41450-41452 [2021-16420]

Download as PDF 41450 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 4.91 percent, the all-others rate established in the LTFV investigation.11 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (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 return/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. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: July 22, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. General Issues DEPARTMENT OF COMMERCE Comment 1: Deduction of 232 Duties International Trade Administration Issues Related to Maquilacero Comment 2: Alleged Error in Calculating Quarterly Cost of Hot-rolled Coil (HRC) Comment 3: Adjustment to Costs for NonPrime Products Comment 4: Adjustment to Maquilacero’s Scrap Offset Issues Related to Prolamsa Comment 5: Home Market Level of Trade (LOT) and Constructed Export Price (CEP) Offset Comment 6: Overrun Sales Outside the Ordinary Course of Trade Comment 7: Errors in the Application of U.S. Freight Revenue Comment 8: Claimed Inventory Adjustment to Raw Material Costs Comment 9: Error in Standard Cost Adjustment Comment 10: Change in Average Useful Life (AUL) of Certain Assets Comment 11: Calculation of General and Administrative (G&A) Expense Ratio Comment 12: Adjustment to Prolamsa’s Scrap Offset VI. Recommendation Appendix II Review-Specific Rate Applicable to Companies Not Selected for Individual Review: 12 Exporter or producer Weightedaverage dumping margin (percent) Arco Metal S.A. de C.V .............. Forza Steel S.A. de C.V ............. Industrias Monterrey, S.A. de C.V .......................................... Perfiles y Herrajes LM S.A. de C.V .......................................... PYTCO S.A. de C.V ................... Regiomontana de Perfiles y Tubos S.A. de C.V .................. Ternium S.A. de C.V .................. Tuberia Nacional, S.A. de C.V ... Tuberias Procarsa S.A. de C.V .. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 khammond on DSKJM1Z7X2PROD with NOTICES 11 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 2016). VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind in Part; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to SRF Limited/SRF Limited of India (SRF), a producer and exporter of polyethylene terephthalate film, sheet, and strip (PET film) from India. The period of review is January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 2, 2021. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or 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) 482–1395 or (202) 482–6187, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2002, Commerce published in the Federal Register the countervailing duty (CVD) order on PET film from India.1 On September 3, 2020, Commerce published a notice of initiation of an administrative review of the Order.2 On February 25, 2021, Commerce extended the deadline for the preliminary results of this review to no later than July 30, 2021.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 [FR Doc. 2021–16396 Filed 7–30–21; 8:45 am] BILLING CODE 3510–DS–P Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Margin Calculations V. Discussion of the Issues [C–533–825] 12 For these final results, we have calculated weighted-average dumping margins for Maquilacero and Prolamsa that are zero, and we have not calculated any margins which are not zero, de minimis, or determined entirely on the basis of facts available. Accordingly, we have assigned to the companies not individually examined a margin of zero percent. See section 735(c)(5)(A) of the Act. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 1 See Countervailing Duty Order; Polyethylene Terephthalate Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 54983 (September 3, 2020). 3 See Memorandum, ‘‘Polyethylene Terephthalate Film, Sheet and Strip from India: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2019,’’ dated February 25, 2021. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results, Partial Rescission and Intent to Rescind in Part of the Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India; 2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices Scope of the Order The products covered by this Order are PET film from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.5 Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Commerce received timely-filed withdrawal requests from to MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd. (Polyplex), and Uflex Ltd. (Uflex), pursuant to 19 CFR 351.213(d)(1). Because the withdrawal requests were timely filed, and no other party requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the Order with respect to MTZ, Polyplex, Uflex. Intent To Rescind Administrative Review, in Part It is Commerce’s practice to rescind an administrative review of a CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.6 Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate calculated for the review period.7 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated CVD assessment rate calculated for the review period.8 According to the CBP import data, except for the mandatory respondent and its cross-owned companies, the companies subject to this review did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we intend to rescind this khammond on DSKJM1Z7X2PROD with NOTICES 5 Id. 6 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650 (April 11, 2019). 7 See 19 CFR 351.212(b)(2). 8 See 19 CFR 351.213(d)(3). VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 administrative review with respect to one company, Vacmet India Ltd., in accordance with 19 CFR 351.213(d)(3). 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.9 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. Preliminary Rate for Non-Selected Companies Under Review There are three companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents. The statute and Commerce’s regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the allothers rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available. In this review, none of the rates for respondents were zero, de minimis, or based entirely on facts 9 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 41451 available. For the companies for which a review was requested that were not selected as mandatory company respondents, and for which Commerce did not receive a timely request for withdrawal of review, Commerce based the subsidy rate on the rate calculated for the sole mandatory respondent. Preliminary Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily determine the following net countervailable subsidy rates for the POR: Manufacturer/exporter SRF Limited 10 ...................... Subsidy rate (percent ad valorem) 2.82 Review-Specific Average Rate Applicable to the Following Companies 11 Ester Industries Limited ........ Garware Polyester Ltd .......... Jindal Polyester Ltd .............. 2.82 2.82 2.82 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.12 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 seven days after the time limit for filing case briefs.13 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.14 All briefs must be filed electronically using ACCESS. 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. Hearing requests should contain: (1) The party’s name, address, 10 SRF Limited is also known as SRF Limited of India. 11 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis, or based entirely on facts available. See section 735(c)(5)(A) of the Act. 12 See 19 CFR 351.224(b). 13 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.309(c)(2) and (d)(2). E:\FR\FM\02AUN1.SGM 02AUN1 41452 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices 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.15 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.16 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 briefs, 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. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producers/ exporters shown above. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, CBP shall assess, countervailing duties on all appropriate entries covered by 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, 2019, through December 31, 2019, in accordance with 19 CFR 351.212(c)(l)(i). For the companies remaining in the review, Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). 15 See 19 CFR 351.310(c). 16 Id. VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 Cash Deposit Requirements In accordance with section 751(a)(2)(C) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respondents listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all nonreviewed firms, Commerce will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. 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: July 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Partial Rescission of Administrative Review IV. Non-Selected Rate V. Intent to Rescind Administrative Review, in Part VI. Scope of the Order VII. Subsidies Valuation Information VIII. Analysis of Programs IX. Recommendation [FR Doc. 2021–16420 Filed 7–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB287] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Groundfish Subcommittee of the Scientific and Statistical Committee SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 (SSC) will hold an online meeting to review new groundfish stock assessments. DATES: The online meeting will be held Tuesday, August 17, 2021, from 8:30 a.m. to 5 p.m., Pacific Daylight Time. ADDRESSES: This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT: John DeVore, Staff Officer, Pacific Council; telephone: (503) 820–2413. SUPPLEMENTARY INFORMATION: The SSC’s Groundfish Subcommittee will review further analyses for new assessments of copper rockfish in California south of Pt. Conception, copper rockfish in California north of Pt. Conception, quillback rockfish in California, squarespot rockfish in California, and spiny dogfish as requested by the Pacific Council at their June 2021 meeting. The Groundfish Subcommittee will also review new assessments and stock assessment review reports for lingcod, and vermilion and sunset rockfishes, as well as updated catch-only projections for canary rockfish, petrale sole, darkblotched rockfish, and arrowtooth flounder. Further, the Groundfish Subcommittee will review a catch report for yelloweye rockfish to determine the adequacy of rebuilding progress. The Groundfish Subcommittee will prepare their recommendations for SSC and Pacific Council consideration at their online meetings in September. Assessment recommendations may include endorsing these new assessments for management use or requesting further analyses to be reviewed at the late September review panel (this process is outlined in the Pacific Council’s Terms of Reference for the Groundfish and Coastal Pelagic Species Stock Assessment Review Process for 2021–22). Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41450-41452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16420]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission in Part, and Intent To Rescind in Part; 2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to SRF Limited/SRF 
Limited of India (SRF), a producer and exporter of polyethylene 
terephthalate film, sheet, and strip (PET film) from India. The period 
of review is January 1, 2019, through December 31, 2019. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or 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) 482-1395 
or (202) 482-6187, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2002, Commerce published in the Federal Register the 
countervailing duty (CVD) order on PET film from India.\1\ On September 
3, 2020, Commerce published a notice of initiation of an administrative 
review of the Order.\2\ On February 25, 2021, Commerce extended the 
deadline for the preliminary results of this review to no later than 
July 30, 2021.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020).
    \3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2019,'' dated February 
25, 2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Partial Rescission and Intent to Rescind in Part of the 
Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2019,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).

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[[Page 41451]]

Scope of the Order

    The products covered by this Order are PET film from India. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests from to MTZ Polyesters Ltd. (MTZ), Polyplex 
Corporation Ltd. (Polyplex), and Uflex Ltd. (Uflex), pursuant to 19 CFR 
351.213(d)(1). Because the withdrawal requests were timely filed, and 
no other party requested a review of these companies, in accordance 
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the 
Order with respect to MTZ, Polyplex, Uflex.

Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the CVD 
assessment rate calculated for the review period.\7\ Therefore, for an 
administrative review of a company to be conducted, there must be a 
reviewable, suspended entry that Commerce can instruct U.S. Customs and 
Border Protection (CBP) to liquidate at the calculated CVD assessment 
rate calculated for the review period.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    According to the CBP import data, except for the mandatory 
respondent and its cross-owned companies, the companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we intend to rescind this administrative review with respect to one 
company, Vacmet India Ltd., in accordance with 19 CFR 351.213(d)(3).

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.\9\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ 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.
---------------------------------------------------------------------------

    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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.

Preliminary Rate for Non-Selected Companies Under Review

    There are three companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents. The 
statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, none of 
the rates for respondents were zero, de minimis, or based entirely on 
facts available. For the companies for which a review was requested 
that were not selected as mandatory company respondents, and for which 
Commerce did not receive a timely request for withdrawal of review, 
Commerce based the subsidy rate on the rate calculated for the sole 
mandatory respondent.

Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
determine the following net countervailable subsidy rates for the POR:
---------------------------------------------------------------------------

    \10\ SRF Limited is also known as SRF Limited of India.
    \11\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                    (percent  ad
                                                             valorem)
------------------------------------------------------------------------
SRF Limited \10\........................................            2.82
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \11\
------------------------------------------------------------------------
Ester Industries Limited................................            2.82
Garware Polyester Ltd...................................            2.82
Jindal Polyester Ltd....................................            2.82
------------------------------------------------------------------------

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.\12\ 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 seven 
days after the time limit for filing case briefs.\13\ 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.\14\ All briefs must be 
filed electronically using ACCESS.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \14\ 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. Hearing requests should contain: (1) The 
party's name, address,

[[Page 41452]]

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.\15\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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.\16\
---------------------------------------------------------------------------

    \16\ 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 briefs, 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.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, CBP shall assess, countervailing duties on 
all appropriate entries covered by 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, 2019, through December 31, 2019, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the review, Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this review in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated countervailing duties in the amounts 
shown for each of the respondents listed above on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this 
administrative review. For all non-reviewed firms, Commerce will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. These cash deposit 
instructions, when imposed, shall remain in effect until further 
notice.

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: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Non-Selected Rate
V. Intent to Rescind Administrative Review, in Part
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2021-16420 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P