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]
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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).
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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.
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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
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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).
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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 https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://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.
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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).
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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.
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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:
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(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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
[[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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://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:
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\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.
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\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).
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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 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\
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\15\ See 19 CFR 351.310(c).
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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\
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\16\ Id.
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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
