Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021, 47968-47970 [2022-16827]
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47968
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.17
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.18 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.19 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case 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 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.
Notification to Interested Parties
These preliminary results of review
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 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Temporary Rule.
19 CFR 351.310(c).
19 See 19 CFR 351.310.
18 See
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International Trade Administration
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering eight companies.2
On June 27, 2022, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.213(h)(2), Commerce extended the
due date for the preliminary results to
July 29, 2022.3 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4
[A–533–824]
Scope of the Order
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2020–2021
The merchandise subject to the Order
is PET film. The PET film subject to the
Order is currently classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS number is provided for
convenience and for customs purposes,
the written product description, remains
dispositive. For a full description of the
scope of the Order, see the Preliminary
Decision Memorandum.5
[FR Doc. 2022–16821 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is July 1, 2020,
through June 30, 2021. This review
covers two producers and exporters of
PET film from India, Jindal Poly Films
(Jindal) and SRF Limited (SRF). We
preliminarily determine that neither
company made sales of subject
merchandise below normal value (NV)
during the POR. We are also rescinding
the review with respect to six
companies because all requests for
review for these companies have been
withdrawn. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith and Jacob
Saude, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5255
and (202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Appendix
17 See
Shipments
V. Rate for Respondent Not Selected for
Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
On July 1, 2002, Commerce published
the antidumping duty order on PET film
from India.1 On September 7, 2021,
based on timely requests for a review, in
accordance with 19 CFR
1 See Notice of Amended Final Antidumping Duty
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip from India, 67
FR 44175 (July 1, 2002) (Order).
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Partial Rescission of Administrative
Review
Commerce initiated a review of eight
companies in this proceeding. We are
rescinding this administrative review
with respect to six of these companies:
(1) Ester Industries Ltd.; (2) Garware
Polyester Ltd.; (3) MTZ Polyesters Ltd.;
(4) Polyplex Corporation; (5) Uflex Ltd.;
and (6) Vacmet India, pursuant to 19
CFR351.213(d)(1), because all review
requests for these companies were
timely withdrawn.6 Accordingly, the
companies that remain subject to the
instant review are Jindal and SRF.7
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Polyethylene terephthalate
(PET) film, sheet, and strip from India: Second
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2020–
2021),’’ dated June 27, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2020–2021’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 Id.
6 Id. at ‘‘Partial Rescission of Administrative
Review.’’
7 In the Initiation Notice, we initiated a review
with respect to SRF Ltd., which is also known as
SRF Limited of India and SRF Limited. See
Polyethylene Terephthalate Film, Sheet, and Strip
from India: Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission
of Antidumping Duty Administrative Review; 2019–
2020 86 FR 41949 (August 4, 2021), at footnote 7,
unchanged in Polyethylene Terephthalate Film,
Sheet, and Strip from India: Final Results of
Antidumping Duty Administrative Review; 2019–
2020 87 FR 5461 (February 1, 2022).
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price has been calculated in
accordance with section 772 of the Act.
NV has been calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as an
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
lotter on DSK11XQN23PROD with NOTICES1
Company Not Selected for Individual
Review
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ However,
where the dumping margins for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
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Jkt 256001
In this review, we have preliminarily
calculated a weighted-average dumping
margin for SRF, the sole mandatory
respondent, that is zero. Accordingly,
Commerce preliminarily has assigned to
Jindal, the company not individually
examined, a margin of 0.00 percent.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margins for the period July 1, 2020,
through June 30, 2021:
Exporter/producer
Jindal Poly Films Ltd ..................
SRF Limited 8 ..............................
Weightedaverage
dumping
margin
(percent)
0.00
0.00
Disclosure and Public Comment
Commerce intends to disclose its
calculations performed in connection
with these preliminary results to
interested parties within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.9 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.10
Executive summaries should be limited
to five pages total, including footnotes.11
Case and rebuttal briefs should be filed
using ACCESS and must be served on
interested parties.12 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Acting Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
8 As noted above, SRF Limited is also known as
SRF Limited of India and SRF Ltd.
9 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 Id.
12 See 19 CFR 351.303.
13 See Temporary Rule.
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47969
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If a SRF’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review, we will
calculate importer-specific ad valorem
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for its importer’s examined
sales and the total entered value of such
sales, in accordance with 19 CFR
351.212(b)(1). Where either the SRF’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c), or an importerspecific rate is zero or de minimis, we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by SRF for
which SRF did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy, i.e., the
assessment rate for such entries will be
equal to the all-others rate established at
the less-than-fair value investigation
(i.e., 5.71 percent ad valorem),14 if there
is no rate for the intermediate
company(ies) involved in the
transaction.
14 See Order, 67 at 44176 (showing the dumping
margin computed for ‘‘all others’’ as 24.14 percent);
and Notice of Final Determination of Sales at Less
Than Fair Value: Polyethylene Terephthalate Film,
Sheet, and Strip from India, 67 FR 34899, 34901
(Final Determination) (showing an adjustment of
18.43 percent for export subsidies found in the
companion CVD investigation). The cash deposit
rate for all other exporters is the net of these figures
(i.e., 5.71 percent).
E:\FR\FM\05AUN1.SGM
05AUN1
47970
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
For Jindal, which was not selected for
individual examination, we intend to
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section. For
the companies for which this review is
rescinded, antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period July 1,
2020, through June 30, 2021, in
accordance with 19 CFR
351.212(c)(1)(i).15
Commerce intends to issue
assessment instructions to CBP 35 days
after the date of publication of the final
results of this administrative 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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET film from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently-completed segment of
this proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the less-than-fair value
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters is 5.71 percent.16
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
15 The companies for which this review is
rescinded are: (1) Ester Industries Ltd.; (2) Garware
Polyester Ltd.; (3) MTZ Polyesters Ltd.; (4) Polyplex
Corporation; Uflex Ltd.; and (6) Vacmet India.
16 See Order, 67 FR at 44176; and Final
Determination, 67 FR at 34901.
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Jkt 256001
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
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.
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: July 29, 2022.
Lisa W. Wang,
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. Company Not Selected for Individual
Examination
V. Scope of the Order
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2022–16827 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Preliminary Results
of the Antidumping Duty
Administrative Review, Partial
Rescission of the Antidumping Duty
Administrative Review, and
Preliminary Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the exporters subject to
this antidumping duty (AD)
administrative review did not make
sales of subject merchandise at less than
normal value, and that one company
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
(Shanghai Smart Chemicals Co., Ltd.
(Shanghai Smart)) had no shipments of
subject merchandise during the period
of review (POR) July 1, 2020, through
June 30, 2021. In addition, we are
rescinding this review with respect to
CP Kelco (Shandong) Biological
Company Limited (CP Kelco Shandong).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Reginald Anadio, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3166.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2021, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the AD order on xanthan gum
from the People’s Republic of China
(China).1 Commerce published the
Initiation Notice of this administrative
review on September 7, 2020.2 For
details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.3 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://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of
topics discussed in the Preliminary
Decision Memorandum is included in
the appendix to this notice.
On March 3, 2022, Commerce
extended the deadline for these
preliminary results to July 29, 2022.4
1 See Xanthan Gum from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (Order); and
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 35065
(July 1, 2021).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Eighth Antidumping
Duty Administrative Review of Xanthan Gum from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Memorandum, ‘‘Xanthan Gum from the
People’s Republic of China: Extension of Deadline
for Preliminary Results of the 2020–2021
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47968-47970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16827]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET film) from India. The period
of review (POR) is July 1, 2020, through June 30, 2021. This review
covers two producers and exporters of PET film from India, Jindal Poly
Films (Jindal) and SRF Limited (SRF). We preliminarily determine that
neither company made sales of subject merchandise below normal value
(NV) during the POR. We are also rescinding the review with respect to
six companies because all requests for review for these companies have
been withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith and Jacob Saude,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5255
and (202) 482-0981, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published the antidumping duty order on
PET film from India.\1\ On September 7, 2021, based on timely requests
for a review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order, covering eight
companies.\2\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping Duty Order:
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR
44175 (July 1, 2002) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
---------------------------------------------------------------------------
On June 27, 2022, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2),
Commerce extended the due date for the preliminary results to July 29,
2022.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Polyethylene terephthalate (PET) film,
sheet, and strip from India: Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review (2020-
2021),'' dated June 27, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review: Polyethylene Terephthalate Film, Sheet, and Strip from
India; 2020-2021'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is PET film. The PET film
subject to the Order is currently classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS number is provided for convenience and for
customs purposes, the written product description, remains dispositive.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this proceeding.
We are rescinding this administrative review with respect to six of
these companies: (1) Ester Industries Ltd.; (2) Garware Polyester Ltd.;
(3) MTZ Polyesters Ltd.; (4) Polyplex Corporation; (5) Uflex Ltd.; and
(6) Vacmet India, pursuant to 19 CFR351.213(d)(1), because all review
requests for these companies were timely withdrawn.\6\ Accordingly, the
companies that remain subject to the instant review are Jindal and
SRF.\7\
---------------------------------------------------------------------------
\6\ Id. at ``Partial Rescission of Administrative Review.''
\7\ In the Initiation Notice, we initiated a review with respect
to SRF Ltd., which is also known as SRF Limited of India and SRF
Limited. See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission of Antidumping Duty Administrative Review;
2019-2020 86 FR 41949 (August 4, 2021), at footnote 7, unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final
Results of Antidumping Duty Administrative Review; 2019-2020 87 FR
5461 (February 1, 2022).
---------------------------------------------------------------------------
[[Page 47969]]
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price has been calculated in accordance with
section 772 of the Act. NV has been calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included as an
Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Company Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' However,
where the dumping margins for individually examined respondents are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we have preliminarily calculated a weighted-average
dumping margin for SRF, the sole mandatory respondent, that is zero.
Accordingly, Commerce preliminarily has assigned to Jindal, the company
not individually examined, a margin of 0.00 percent.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins for the period July 1,
2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd....................................... 0.00
SRF Limited \8\............................................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
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\8\ As noted above, SRF Limited is also known as SRF Limited of
India and SRF Ltd.
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Commerce intends to disclose its calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties
may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than seven days after the
date for filing case briefs.\9\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\ Executive summaries
should be limited to five pages total, including footnotes.\11\ Case
and rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\12\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\13\
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\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ Id.
\12\ See 19 CFR 351.303.
\13\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice. Requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If a SRF's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem assessment rates on the basis of the ratio
of the total amount of dumping calculated for its importer's examined
sales and the total entered value of such sales, in accordance with 19
CFR 351.212(b)(1). Where either the SRF's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
For entries of subject merchandise during the POR produced by SRF
for which SRF did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate such unreviewed entries
pursuant to the reseller policy, i.e., the assessment rate for such
entries will be equal to the all-others rate established at the less-
than-fair value investigation (i.e., 5.71 percent ad valorem),\14\ if
there is no rate for the intermediate company(ies) involved in the
transaction.
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\14\ See Order, 67 at 44176 (showing the dumping margin computed
for ``all others'' as 24.14 percent); and Notice of Final
Determination of Sales at Less Than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip from India, 67 FR 34899, 34901
(Final Determination) (showing an adjustment of 18.43 percent for
export subsidies found in the companion CVD investigation). The cash
deposit rate for all other exporters is the net of these figures
(i.e., 5.71 percent).
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[[Page 47970]]
For Jindal, which was not selected for individual examination, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. For the companies
for which this review is rescinded, antidumping duties shall be
assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period July 1, 2020, through June 30, 2021, in
accordance with 19 CFR 351.212(c)(1)(i).\15\
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\15\ The companies for which this review is rescinded are: (1)
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) MTZ
Polyesters Ltd.; (4) Polyplex Corporation; Uflex Ltd.; and (6)
Vacmet India.
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Commerce intends to issue assessment instructions to CBP 35 days
after the date of publication of the final results of this
administrative 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
The following deposit requirements will be effective for all
shipments of PET film from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair value investigation, but the producer is, the cash deposit rate
will be the rate established for the most recently-completed segment of
this proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters is 5.71 percent.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\16\ See Order, 67 FR at 44176; and Final Determination, 67 FR
at 34901.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
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.
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: July 29, 2022.
Lisa W. Wang,
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. Company Not Selected for Individual Examination
V. Scope of the Order
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2022-16827 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
