Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 51298-51300 [2023-16543]
Download as PDF
<![CDATA[
51298
Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.
All briefs and hearing requests must
be filed electronically using ACCESS 10
and must be served on interested
parties.11 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise covered by this 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 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).
For an individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent),
Commerce intends to calculate
importer-specific antidumping duty
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales. Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales.13 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
10 See
19 CFR 351.303.
19 CFR 351.303(f).
12 See Temporary Rule.
13 See 19 CFR 351.212(b)(1).
11 See
VerDate Sep<11>2014
17:35 Aug 02, 2023
Jkt 259001
importer-specific assessment rate is zero
or de minimis, we intend to instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.14
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.15
For a company which was not
selected for individual examination, we
intend to assign an antidumping duty
assessment rate equal to the weightedaverage dumping margin determined for
the non-examined company in the final
results of review. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review, and for future cash deposits of
estimated antidumping duties, where
applicable.16
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
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 in the Federal
Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the exporters listed
above will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, then 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 subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 21.74 percent, the
14 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See section 751(a)(2)(C) of the Act.
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
all-others rate established in the lessthan-fair value investigation.17
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–16595 Filed 8–2–23; 8:45 am]
BILLING CODE 3510–DS–P
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; 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 (AD) order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is July 1, 2021,
through June 30, 2022. This review
covers the following producers and
AGENCY:
17 See
E:\FR\FM\03AUN1.SGM
Order.
03AUN1
Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
exporters from India: Jindal Poly Films
Ltd. (Jindal) and SRF Limited (SRF). We
preliminarily find that SRF did not sell
PET film in the United States below
normal value (NV). Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith or 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 or
(202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On July 1, 2002, Commerce published
the order in the Federal Register.1 On
July 1, 2022, Commerce published in
the Federal Register a notice of
opportunity to request an administrative
review of the Order.2 On September 6,
2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the Order.3 On March 22,
2023, and June 9, 2023, 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 until July 28, 2023.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of the
topics included in the Preliminary
Decision Memorandum is included as
the appendix to this notice. The
Preliminary Decision Memorandum is a
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 (PET Film)
from India, 67 FR 44174 (July 1, 2002) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 87 FR 39461, 39462
(July 1, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463, 54465 (September 6, 2022).
4 See Commerce’s Memorandum, ‘‘Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022,’’ dated
March 22, 2023; see also Commerce’s
Memorandum, ‘‘Second Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated June 9,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
17:35 Aug 02, 2023
Jkt 259001
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 https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is PET film. The product 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, available in the Preliminary
Decision Memorandum, remains
dispositive.
Partial Rescission
Commerce initiated a review of eight
companies in this review. 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. Accordingly, the
companies that remain subject to the
instant review are Jindal and SRF.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margins exist for the period July 1, 2021,
through June 30, 2022:
Exporter/producer
Jindal Poly Films Ltd ..................
SRF Limited ................................
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
Weightedaverage
dumping
margin
(percent)
0.00
0.00
51299
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.’’
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.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b) public announcement.6
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no 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.7 Interested parties who submit
6 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
7 See
E:\FR\FM\03AUN1.SGM
Continued
03AUN1
51300
Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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.8
Executive summaries should be limited
to five pages total, including footnotes.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.9
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. 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. An electronically
filed hearing request 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.
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 CBP shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b). If a respondent’s weightedaverage 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 an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). Where either the
respondent’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
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:35 Aug 02, 2023
Jkt 259001
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by an
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate (i.e, 5.71
percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.10
Commerce intends to issue
assessment instructions to CBP no
earlier than 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 cash 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 rate for Jindal and SRF 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 recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the lessthan-fair value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other producers or
exporters is 5.71 percent.11 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See Order.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
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
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Company Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2023–16543 Filed 8–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD215]
Endangered Species; File No. 23639
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
a permit modification.
AGENCY:
Notice is hereby given that
Coonamessett Farm Foundation, Inc.,
277 Hatchville Road, East Falmouth,
MA 02536, (Responsible Party: Ronald
Smolowitz), has requested a
modification to scientific research
Permit No. 23639–01.
DATES: Written comments must be
received on or before September 5,
2023.
SUMMARY:
The modification request
and related documents are available for
review by selecting ‘‘Records Open for
Public Comment’’ from the Features box
on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 23639 mod 5 from the
ADDRESSES:
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51298-51300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16543]
-----------------------------------------------------------------------
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; 2021-2022
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 (AD) order on
polyethylene terephthalate film, sheet, and strip (PET film) from
India. The period of review (POR) is July 1, 2021, through June 30,
2022. This review covers the following producers and
[[Page 51299]]
exporters from India: Jindal Poly Films Ltd. (Jindal) and SRF Limited
(SRF). We preliminarily find that SRF did not sell PET film in the
United States below normal value (NV). Interested parties are invited
to comment on these preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or 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
or (202) 482-0981, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published the order in the Federal
Register.\1\ On July 1, 2022, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On September 6, 2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a notice of initiation of an
administrative review of the Order.\3\ On March 22, 2023, and June 9,
2023, 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 until July 28, 2023.\4\
---------------------------------------------------------------------------
\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 (PET Film) from
India, 67 FR 44174 (July 1, 2002) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 39461, 39462 (July 1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54465 (September 6, 2022).
\4\ See Commerce's Memorandum, ``Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022,'' dated March 22, 2023; see also Commerce's Memorandum,
``Second Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated June 9,
2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics included in the Preliminary Decision Memorandum is
included as 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
https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from India; 2021-2022,'' 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 product 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, available in the Preliminary Decision Memorandum,
remains dispositive.
Partial Rescission
Commerce initiated a review of eight companies in this review. 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. Accordingly, the
companies that remain subject to the instant review are Jindal and SRF.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. NV is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins exist for the period
July 1, 2021, through June 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd....................................... 0.00
SRF Limited................................................. 0.00
------------------------------------------------------------------------
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.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b) public announcement.\6\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs no 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.\7\ Interested parties who
submit
[[Page 51300]]
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.\8\ Executive
summaries should be limited to five pages total, including footnotes.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\9\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
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. 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. An electronically filed
hearing request 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.
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 CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b). If a respondent'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 an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where either the respondent'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 an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e, 5.71
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\10\
---------------------------------------------------------------------------
\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 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 cash 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 rate for Jindal and SRF
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 recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters is 5.71 percent.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\11\ See Order.
---------------------------------------------------------------------------
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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Company Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2023-16543 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
