[C-533-825] HEADPolyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Administrative Review; 2021, 50834-50836 [2023-16464]
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50834
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
Needs and Uses: This collection is
necessary under Sections 760 and
762.6(a) of the Export Administration
Regulations (EAR). The five-year
retention requirement corresponds with
the statute of limitations for violations
and is necessary to preserve potential
evidence for investigations. All parties
involved in the export, reexport,
transshipment or diversion of items
subject to the EAR and the U.S. party
involved in the export transaction
involving a reportable boycott request
are required to maintain records of these
activities for a period of five years. The
frequency depends upon how often each
entity is involved in an export
transaction or one involving a reportable
boycott request.
Affected Public: Business or other forprofit organizations.
Frequency: On Occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: 760 and 762.6(a) of
the Export Administration Regulations
(EAR).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0694–0096.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–16374 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results of Countervailing
Duty Administrative Review and Partial
Rescission of Administrative Review;
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
19:49 Aug 01, 2023
Jkt 259001
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to certain
producers and exporters of polyethylene
terephthalate film, sheet, and strip (PET
film) from India during the period of
review (POR) January 1, 2021, through
December 31, 2021. We are rescinding
this review with respect to seven
companies. Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: John
McGowan, 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) 482–0461.
SUMMARY:
Background
On July 1, 2002, Commerce published
in the Federal Register the
countervailing duty (CVD) order on PET
film from India.1 On September 6, 2022,
Commerce published in the Federal
Register the notice of initiation of an
administrative review of the Order with
respect to eight companies.2 On October
27, 2022, Commerce selected SRF Ltd.
(SRF) as the sole mandatory
respondent.3 Between December 2 and
5, 2022, DuPont Teijin Films,
Mitsubishi Chemical America, Inc.—
Polyester Film Division, and SK
Microworks America, Inc. (collectively,
the petitioners), Polyplex Corporation
Ltd., and SRF withdrew their requests
for review regarding all companies,
except Jindal Poly Films Limited
(Jindal).4 Therefore, on December 9,
2022, we selected Jindal as the sole
mandatory respondent.5 On December
12, 2022, we reissued the initial
questionnaire to the Government of
India.6 Subsequently, Jindal failed to
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, 87 FR
54463 (September 6, 2022).
3 See Memorandum, ‘‘Respondent Selection,’’
dated October 27, 2022.
4 See Polyplex’s Letter, ‘‘Withdrawal of Request
for Review for Polyplex USA LLC,’’ dated December
2, 2022 (Polyplex Withdrawal Request); SRF’s
Letter, ‘‘Withdrawal of Request for Countervailing
Duty Admin Review of SRF,’’ dated December 5,
2022 (SRF Withdrawal Request); and Petitioners’
Letter, ‘‘Withdrawal of Request for Countervailing
Duty Administrative Review,’’ dated December 5,
2022 (Petitioners Withdrawal Request).
5 See Memorandum, ‘‘Intent to Rescind Review,
in Part, and Company Subject to Individual
Examination,’’ dated December 9, 2022.
6 See Commerce’s Letter, ‘‘Countervailing Duty
Questionnaire,’’ dated December 12, 2022 (Initial
Questionnaire).
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Frm 00002
Fmt 4703
Sfmt 4703
provide a timely response to the
affiliated companies portion of section
III of the initial questionnaire by the
December 26, 2022 deadline.7 Pursuant
to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act),
Commerce extended the deadline for the
preliminary results of this
administrative review to July 28, 2023.8
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.9 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by this Order
are PET film from India. For a complete
description of the scope, see the
Preliminary Decision Memorandum.10
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Act. For each of the subsidy
programs found to be countervailable,
we preliminarily determine that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.11 For a full
description of the methodology
underlying our conclusions, including
our reliance on adverse facts available
pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision
Memorandum.
7 Id.
8 See Memoranda, ‘‘Extension of Deadline for
Preliminary Results,’’ dated March 28, 2023; and
‘‘Second Extension of Deadline for Preliminary
Results,’’ dated May 17, 2023.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip (PET film) from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
10 Id. at 3.
11 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.
E:\FR\FM\02AUN1.SGM
02AUN1
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
Partial Rescission of Administrative
Review
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 with
respect to the following seven
companies: (1) Ester Industries Ltd.; (2)
Garware Polyester Ltd.; (3) Vacmet India
Ltd.; (4) MTZ Polyesters Ltd.; (5) Uflex
Ltd.; (6) SRF; and (7) Polyplex.12
Because the withdrawal requests were
timely filed, and no other parties
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
the seven companies noted above.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following estimated countervailable
subsidy rates exist for the period
January 1, 2021, through December 31,
2021:
Company
Subsidy rate
2021
(percent
ad valorem)
Jindal Poly Films Limited ......
116.96
Cash Deposit Requirements
ddrumheller on DSK120RN23PROD with NOTICES1
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct U.S. Customs and Border
Protection (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. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
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/
12 See Polyplex Withdrawal Request; SRF
Withdrawal Request; and Petitioners Withdrawal
Request.
VerDate Sep<11>2014
19:49 Aug 01, 2023
Jkt 259001
exporters shown above. Consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend 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).
For the companies for which this
review is rescinded with these
preliminary results, we 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, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i).
Disclosure
50835
and (3) a table of authorities.15 Case and
rebuttal briefs must be filed using
ACCESS.16 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 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, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. If a request for a hearing is
made, parties will be notified of the date
and time for the hearing to be
determined.
Normally, Commerce discloses its
calculations and analysis performed in
connection with the preliminary results
to interested parties within five days of
its public announcement, or if there is
no public announcement, within five
days of the date of publication of this
notice, in accordance with 19 CFR
351.224(b). However, because
Commerce preliminarily applied total
adverse facts available (AFA) in the
calculation of the benefit for Jindal, and
the applied AFA rates are based on rates
calculated in prior segments of the
proceeding, there are no calculations to
disclose.
Final Results
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Public Comment
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the publication of these preliminary
results of review in the Federal
Register.13 Rebuttal comments, limited
to issues raised in case briefs, may be
submitted no later than seven days after
the deadline for filing case briefs.14
Parties who submit case or rebuttal
briefs in this administrative review are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
13 See
14 See
PO 00000
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
Frm 00003
Fmt 4703
Sfmt 4703
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 351.213 and
351.221(b)(4).
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
15 See
19 CFR 351.309(c)(2) and 351.309(d)(2).
19 CFR 351.303.
17 See 19 CFR 351.309; 19 CFR 351.303 (for
general filing requirements); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
16 See
E:\FR\FM\02AUN1.SGM
02AUN1
50836
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding
on in This Administrative Review
1. Ester Industries Ltd.
2. Garware Polyester Ltd.
3. Vacmet India Ltd.
4. MTZ Polyesters Ltd.
5. Uflex Ltd.
6. SRF Ltd.
7. Polyplex Corporation Ltd.
[FR Doc. 2023–16464 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2021–
2022
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 certain
corrosion-resistant steel products
(CORE) from Taiwan. We preliminarily
determine that producers/exporters
subject to this review did not make sales
of subject merchandise at less than
normal value during the period of
review (POR) July 1, 2021, through June
30, 2022. We further preliminarily
determine that Xxentria Technology
Materials Company Ltd. (Xxentria) had
no shipments during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT:
Matthew Palmer or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1678 and (202) 482–4521,
respectively.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce
published the antidumping duty order
on CORE from Taiwan in the Federal
VerDate Sep<11>2014
19:49 Aug 01, 2023
Jkt 259001
Register.1 On September 6, 2022,
pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative
review of the Order covering the
following respondents: (1) Yieh Phui
Enterprise Co., Ltd. (YP); (2) Prosperity
Tieh Enterprise Co., Ltd. (Prosperity);
(3) Sheng Yu Steel Co., Ltd. (SYSCO);
(4) Synn Industrial Co., Ltd. (Synn); (5)
China Steel Corporation (CSC); (6)
Chung Hung Steel Corporation (CHSC);
(7) Great Fortune Steel Co., Ltd. (Great
Fortune); (8) Great Grandeul Steel Co.,
Ltd. (Great Grandeul); (9) Great
Grandeul Steel Company Limited
(Somoa) (also known as, Great Grandeul
Steel Company Limited Somoa) (Great
Grandeul Somoa); (10) Great Grandeul
Steel Corporation (Great Grandeul
Steel); and (11) Xxentria.2 However,
pursuant to the recently-issued final
judgement of the U.S. Court of
International Trade (the Court) in
Prosperity V,3 concerning the litigation
of the underlying less-than-fair-value
(LTFV) investigation of the Order,
Commerce intends to issue an amended
final antidumping duty determination of
sales at LTFV which reflects a below de
minimis margin for the collapsed YP/
Synn entity that results in the exclusion
of YP and Synn from the Order and all
subsequent segments of the proceeding,
including the instant administrative
review. Accordingly, we hereby provide
notification of the discontinuation of the
instant administrative review with
respect to the respondent selected for
individual examination, YP, and the
non-selected respondent, Synn.4 As a
result, Prosperity remains the sole
respondent selected for individual
examination in this review.
On March 7, 2023, we extended the
preliminary results of this review to no
later than July 28, 2023.5 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum. A
1 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022).
3 See Prosperity Tieh Enterprise Co., Ltd. and
Yieh Phui Enterprise Co., Ltd. v. United States,
Consolidated Court No. 16–00138, Slip Op. 23–95
(CIT 2023) (Prosperity V).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated March 7, 2023.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
list of topics discussed 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,
the complete Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are flat-rolled steel products, either clad,
plated, or coated with corrosionresistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or ironbased alloys, whether or not corrugated
or painted, varnished, laminated, or
coated with plastics or other nonmetallic substances in addition to the
metallic coating. The subject
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7210.30.0030,
7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0040,
7210.49.0045, 7210.49.0091,
7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.6000, 7210.90.9000,
7212.20.0000, 7212.30.1030,
7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and
7212.60.0000. The products subject to
the orders may also enter under the
following HTSUS item numbers:
7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000,
7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130,
7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000. The
HTSUS subheadings above are provided
for convenience and customs purposes
only. The written description of the
scope of the Order is dispositive. For the
full text of the scope of the Order, see
the Preliminary Decision Memorandum
Preliminary Determination of No
Shipments
On October 4, 2022, Synn submitted
a letter certifying that it had no exports
or sales of subject merchandise into the
E:\FR\FM\02AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50834-50836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16464]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results of Countervailing Duty Administrative Review and
Partial Rescission of Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of polyethylene terephthalate film, sheet, and
strip (PET film) from India during the period of review (POR) January
1, 2021, through December 31, 2021. We are rescinding this review with
respect to seven companies. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.
Background
On July 1, 2002, Commerce published in the Federal Register the
countervailing duty (CVD) order on PET film from India.\1\ On September
6, 2022, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order with respect to
eight companies.\2\ On October 27, 2022, Commerce selected SRF Ltd.
(SRF) as the sole mandatory respondent.\3\ Between December 2 and 5,
2022, DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester
Film Division, and SK Microworks America, Inc. (collectively, the
petitioners), Polyplex Corporation Ltd., and SRF withdrew their
requests for review regarding all companies, except Jindal Poly Films
Limited (Jindal).\4\ Therefore, on December 9, 2022, we selected Jindal
as the sole mandatory respondent.\5\ On December 12, 2022, we reissued
the initial questionnaire to the Government of India.\6\ Subsequently,
Jindal failed to provide a timely response to the affiliated companies
portion of section III of the initial questionnaire by the December 26,
2022 deadline.\7\ Pursuant to section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce extended the deadline for the
preliminary results of this administrative review to July 28, 2023.\8\
---------------------------------------------------------------------------
\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, 87 FR 54463 (September 6, 2022).
\3\ See Memorandum, ``Respondent Selection,'' dated October 27,
2022.
\4\ See Polyplex's Letter, ``Withdrawal of Request for Review
for Polyplex USA LLC,'' dated December 2, 2022 (Polyplex Withdrawal
Request); SRF's Letter, ``Withdrawal of Request for Countervailing
Duty Admin Review of SRF,'' dated December 5, 2022 (SRF Withdrawal
Request); and Petitioners' Letter, ``Withdrawal of Request for
Countervailing Duty Administrative Review,'' dated December 5, 2022
(Petitioners Withdrawal Request).
\5\ See Memorandum, ``Intent to Rescind Review, in Part, and
Company Subject to Individual Examination,'' dated December 9, 2022.
\6\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated December 12, 2022 (Initial Questionnaire).
\7\ Id.
\8\ See Memoranda, ``Extension of Deadline for Preliminary
Results,'' dated March 28, 2023; and ``Second Extension of Deadline
for Preliminary Results,'' dated May 17, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip (PET film) from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are PET film from India. For a
complete description of the scope, see the Preliminary Decision
Memorandum.\10\
---------------------------------------------------------------------------
\10\ Id. at 3.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Act. For each of the subsidy programs found to be
countervailable, we preliminarily determine that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\11\ For a
full description of the methodology underlying our conclusions,
including our reliance on adverse facts available pursuant to sections
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
[[Page 50835]]
Partial Rescission of Administrative Review
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 with respect to the following seven companies: (1)
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) Vacmet India
Ltd.; (4) MTZ Polyesters Ltd.; (5) Uflex Ltd.; (6) SRF; and (7)
Polyplex.\12\ Because the withdrawal requests were timely filed, and no
other parties 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 the seven companies noted above.
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\12\ See Polyplex Withdrawal Request; SRF Withdrawal Request;
and Petitioners Withdrawal Request.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following estimated countervailable subsidy rates exist for the period
January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company 2021 (percent
ad valorem)
------------------------------------------------------------------------
Jindal Poly Films Limited.............................. 116.96
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Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct U.S. Customs and Border
Protection (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. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
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. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend 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).
For the companies for which this review is rescinded with these
preliminary results, we 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, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure
Normally, Commerce discloses its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of its public announcement, or if there is no
public announcement, within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b). However, because
Commerce preliminarily applied total adverse facts available (AFA) in
the calculation of the benefit for Jindal, and the applied AFA rates
are based on rates calculated in prior segments of the proceeding,
there are no calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\13\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\14\ Parties who submit case or
rebuttal briefs in this administrative review 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.\15\ Case and rebuttal
briefs must be filed using ACCESS.\16\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ See 19 CFR 351.303.
\17\ See 19 CFR 351.309; 19 CFR 351.303 (for general filing
requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 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,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. If a request for a hearing is made, parties
will be notified of the date and time for the hearing to be determined.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
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
351.213 and 351.221(b)(4).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
[[Page 50836]]
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding on in This Administrative
Review
1. Ester Industries Ltd.
2. Garware Polyester Ltd.
3. Vacmet India Ltd.
4. MTZ Polyesters Ltd.
5. Uflex Ltd.
6. SRF Ltd.
7. Polyplex Corporation Ltd.
[FR Doc. 2023-16464 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
