Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; Second Correction 2021-2022, 7684-7686 [2024-02181]
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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
statutory injunction has expired (i.e.,
within 90 days of publication).
Where the respondent reported
reliable entered values, we calculated
importer—(or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).9 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer—(or customer-)
specific assessment rates based on the
resulting per-unit rates.10 Where an
importer—(or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.11 Where an importer—(or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.12
For the company not selected for
individual review, we will assign an
assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Hankook, Nexen, or the
non-examined companies for which the
producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.13
lotter on DSK11XQN23PROD with NOTICES1
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entered, or withdrawn from warehouse,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
publication date 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
listed in these final results will be equal
9 See
19 CFR 351.212(b)(1).
10 Id.
to the weighted-average dumping
margins established in the final results
of this review; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment in
which the company was reviewed; (3) if
the exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) 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,14 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
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) and 351.221(b)(5) of
Commerce’s regulations.
11 Id.
12 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 For
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17:56 Feb 02, 2024
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14 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, and Thailand:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021).
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Sfmt 4703
Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Hankook’s Inventory Carrying
Cost Adjustment
Comment 2: Hankook’s Freight Revenue
Offset
Comment 3: Hankook’s Affiliated-Party
Sales in the Home Market
Comment 4: Hankook’s Beginning Sale
Dates in the U.S. Market
Comment 5: Hankook’s U.S. Commissions
Comment 6: Hankook’s Tire & Technology
Co., Ltd.’s Name
Comment 7: Nexen’s Beginning Sales Dates
in the Home Market and U.S. Market
Comment 8: Nexen’s Home Market
Physical Characteristics
Comment 9: Nexen’s Levels of Trade
Comment 10: Nexen’s Home Market
Logistics Revenue
VI. Recommendation
[FR Doc. 2024–02235 Filed 2–2–24; 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: Final
Results of Antidumping Duty
Administrative Review; Second
Correction 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
SRF Limited/SRF Limited of India/SRF
Limited Packaging Films (SRF) did not
make sales of subject merchandise to the
United States at less than normal value
during the period of review (POR) July
1, 2021, through June 30, 2022. We will
apply SRF’s rate to Jindal Poly Films
Ltd. (India) (Jindal) and Polyplex
Corporation Ltd. (Polyplex) for these
final results.
DATES: Applicable February 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, 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.
AGENCY:
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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
On August 3, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment on
those results.1 This review originally
covered eight respondents: SRF; Jindal;
Ester Industries Ltd.; Garware Polyester
Ltd.; MTZ Polyesters, Ltd.; Polyplex;
Uflex Ltd.; and Vacmet India Limited
(Vacmet). We rescinded the review for
six of these companies: Ester Industries
Ltd.; Garware Polyester Ltd.; MTZ
Polyesters, Ltd.; Polyplex; Uflex Ltd.;
and Vacmet. We erroneously rescinded
the review with respect to Polyplex,
which we corrected in the Preliminary
Results Correction on November 24,
2023.2
On September 26, 2023, Commerce
issued a second supplemental
questionnaire to SRF regarding sections
B and C of the original questionnaire.3
SRF submitted its response along with
new home market and U.S. sales
datasets on October 16, 2023.4 We used
these data sets for the final results along
with SRF’s original cost data set,
submitted on February 9, 2023.5
On November 29, 2023, SRF
submitted its response to the third
supplemental questionnaire 6 in which
Commerce requested further
clarifications about the company name.7
In its supplemental questionnaire
response, SRF stated that ‘‘SRF
Limited’’ is the official name of the
company and that going forward, SRF
Limited will use only that name.8 In
addition, SRF stated that ‘‘SRF Limited’’
is the official name of the company
while ‘‘Packaging Film’’ is one division
within the legal entity of SRF Limited.9
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from India: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Reviews; 2021–2022, 88 FR 51298 (August 3, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Polyethylene Terephthalate Film, Sheet, and
Strip from India: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty
Administrative Review; 2021–2022; Correction, 88
FR 82321 (November 24, 2023) (Preliminary Results
Correction); see also ‘‘Analysis of Comments
Received,’’ below.
3 See Commerce’s Letter, ‘‘Second Supplemental
Questionnaire,’’ dated September 26, 2023.
4 See SRF’s Letter, ‘‘Submission of 2nd
Supplemental response of Anti-Dumping Admin
Review Questionnaire,’’ dated October 16, 2023.
5 See SRF’s Letter, ‘‘Cost Data,’’ dated February 9,
2023.
6 See SRF’s Letter, ‘‘Submission of 3rd
Supplemental response of Anti-Dumping Admin
Review Questionnaire,’’ dated November 29, 2023
(SRF 3rd SQR).
7 See Commerce’s Letter, ‘‘Supplemental
Questionnaire,’’ dated November 22, 2023.
8 See SRF 3rd SQR at S3–1.
9 Id.
VerDate Sep<11>2014
17:56 Feb 02, 2024
Jkt 262001
Given that SRF Limited may have used
all three of these names on subject
merchandise, the company has been
reviewed as SRF Limited/SRF Limited
of India/SRF Limited Packaging Films.
decision memorandum accompanies
this Federal Register notice. We are
adopting the analysis contained in the
Preliminary Results as the final results
of this review.
Scope of the Order 10
The products covered by the Order
are all gauges of raw, pretreated, or
primed PET film, whether extruded or
coextruded. Excluded are metalized
films and other finished films that have
had at least one of their surfaces
modified by the application of a
performance enhancing resinous or
inorganic layer of more than 0.00001
inches thick. Imports of polyethylene
terephthalate film, sheet, and strip are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the Order is dispositive.
Second Correction to Partial Rescission
Analysis of Comments Received
On August 31, 2023, Polyplex USA
LLC (Polyplex USA) submitted a letter
in lieu of a case brief.11 In the letter,
Polyplex USA explained that although
Commerce ‘‘recognizes in the
Preliminary Determination {sic}
{Results} that it ‘initiated a review of
eight companies,’ it erroneously stat{e}s
that the review request for Polyplex was
‘timely withdrawn.’ ’’ 12 We agreed with
Polyplex USA and, on November 24,
2023, Commerce published a correction
notice.13 In the Correction to the
Preliminary Results, we correctly
assigned SRF’s rate of zero percent to
Polyplex.
Commerce received no comments on
the Preliminary Results beyond the
request to amend the Preliminary
Results to include a review of Polyplex
and apply the rate calculated for SRF.
Moreover, the data SRF submitted in its
supplemental questionnaire responses
did not change the rate we calculated
for SRF in the Preliminary Results, and
we have not otherwise modified our
analysis. Thus, although we are issuing
a final calculation memorandum in
these final results,14 no issues and
10 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).
11 See Polyplex USA’s Letter, ‘‘Polyplex USA
LLC’s Letter in Lieu of Case Brief,’’ dated August
31, 2023 (Polyplex USA’s Letter).
12 See Polyplex USA’s Letter at 2; see also
Preliminary Results at 51299.
13 See Preliminary Results Correction.
14 See Memorandum, ‘‘SRF’s Final Analysis
Memorandum,’’ dated concurrently with this
Federal Register notice.
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Fmt 4703
Sfmt 4703
In the Preliminary Results and
Preliminary Results Correction, we
stated that we were rescinding the
antidumping duty (AD) administrative
review with respect to Vacmet India
instead of Vacmet India Limited.15 With
the publication of this notice,
Commerce is clarifying that we
rescinded the AD administrative review
with respect to Vacmet India Limited.
Final Results of Review
As a result of this review, Commerce
determines that the following weightedaverage dumping margin exists for the
period July 1, 2021, through June 30,
2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Jindal Poly Films Ltd ..................
SRF Limited/SRF Limited of
India/SRF Limited Packaging
Films ........................................
Polyplex Corporation Ltd ............
0.00
0.00
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties within five days after
public announcement of the final results
or, if there is no public announcement,
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b)(1), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
ADs on all appropriate entries covered
by this review. Because we calculated a
zero percent margin in the final results
of this review for SRF and assigned a
zero percent rate to Jindal and Polyplex,
in accordance with 19 CFR 351.212, we
will instruct CBP to liquidate the
appropriate entries without regard to
ADs.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
15 See Preliminary Results, 88 FR at 51299; see
also Preliminary Results Correction, 88 FR at 82321.
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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for SRF, Jindal, and
Polyplex will be zero, the rate
established in the final results of this
review; (2) for previously reviewed or
investigated companies not covered in
this review, 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 or any previous review or in the
original less-than-fair-value (LTFV)
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) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
or the LTFV investigation, the cash
deposit rate will continue to be the allothers rate of 5.71 percent, which is the
all-others rate established by Commerce
in the LTFV investigation.16 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
lotter on DSK11XQN23PROD with NOTICES1
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of ADs
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Commerce’s
presumption that reimbursement of ADs
16 See Order at 44176 (showing the dumping
margin computed for all other producers/exporters
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 (May 16, 2002)
(showing an adjustment of 18.43 percent for export
subsidies found in the companion countervailing
duty investigation). The cash deposit rate for all
other exporters is the net of these figures (i.e., 5.71
percent).
17:56 Feb 02, 2024
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
These results are being issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(2).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–02181 Filed 2–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: Preliminary Results of
Changed Circumstances Review, and
Intent To Revoke the Antidumping
Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
intends to revoke, in part, the
antidumping duty (AD) order on
common alloy aluminum sheet (CAAS)
from Germany with respect to certain
lithographic-grade aluminum sheet.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable February 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Stephanie Trejo, 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) 482–4390.
SUPPLEMENTARY INFORMATION:
AGENCY:
Notification to Importers
VerDate Sep<11>2014
occurred and the subsequent assessment
of double ADs.
Jkt 262001
PO 00000
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Fmt 4703
Sfmt 4703
Background
On April 27, 2021, Commerce
published the AD order on common
alloy aluminum sheet from Germany.1
On May 9, 2023, Eastman Kodak
Company (Kodak), a U.S. importer of
subject merchandise, requested that
Commerce conduct a changed
circumstances review (CCR), and
revoke, in part, the CAAS AD Germany
Order with respect to certain
lithographic-grade aluminum sheet
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).2 On July 24,
2023, Commerce issued proposed
partial revocation language for the scope
in which it omitted references to enduse certificates which had been
included by Kodak and solicited
interested parties comments on that
language.3 On July 31, 2023, Commerce
initiated the requested CCR.4 In the
Initiation Notice, Commerce invited
interested parties to provide comments
and/or factual information regarding the
CCR, including comments on industry
support and the proposed partial
revocation language.5 On August 30,
2023, the Aluminum Association
Common Alloy Aluminum Sheet Trade
Enforcement Working Group and its
individual members (Aluminum
Association) and Kodak commented on
the CCR.6 On September 6, 2023, Kodak
responded to the Aluminum
Association’s comments.7
Scope of the CAAS AD Germany Order
The products covered by the Order
are common alloy aluminum sheet,
which is a flat-rolled aluminum product
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (CAAS AD Germany Order or
Order).
2 See Kodak’s Letter, ‘‘Request for Expedited
Changed Circumstances Review,’’ dated May 9,
2023 (CCR Request); see also Kodak’s Letter,
‘‘Supplemental Questionnaire Response,’’ dated
June 9, 2023 (Kodak’s Supplemental Questionnaire
Response).
3 See Memorandum, ‘‘Proposed Exclusion
Language,’’ dated July 24, 2023.
4 See Common Alloy Aluminum Sheet from
Germany: Notice of Initiation of Changed
Circumstances Review, and Consideration of
Revocation, in Part, of the Antidumping Duty
Order, 88 FR 49446 (July 31, 2023) (Initiation
Notice).
5 Id., 88 FR at 49448.
6 See Aluminum Association’s Letter,
‘‘Petitioners’ Response to Department’s Initiation
Notice,’’ dated August 30, 2023 (Aluminum
Association’s Comments) and Kodak’s Letter,
‘‘Comments on Changed Circumstances Review,’’
dated August 30, 2023 (Kodak’s Comments).
7 See Kodak’s Letter, ‘‘Rebuttal Comments on
Changed Circumstances Review,’’ dated September
6, 2023.
E:\FR\FM\05FEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7684-7686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02181]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Final Results of Antidumping Duty Administrative Review; Second
Correction 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that SRF
Limited/SRF Limited of India/SRF Limited Packaging Films (SRF) did not
make sales of subject merchandise to the United States at less than
normal value during the period of review (POR) July 1, 2021, through
June 30, 2022. We will apply SRF's rate to Jindal Poly Films Ltd.
(India) (Jindal) and Polyplex Corporation Ltd. (Polyplex) for these
final results.
DATES: Applicable February 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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.
[[Page 7685]]
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce published the Preliminary Results and
invited interested parties to comment on those results.\1\ This review
originally covered eight respondents: SRF; Jindal; Ester Industries
Ltd.; Garware Polyester Ltd.; MTZ Polyesters, Ltd.; Polyplex; Uflex
Ltd.; and Vacmet India Limited (Vacmet). We rescinded the review for
six of these companies: Ester Industries Ltd.; Garware Polyester Ltd.;
MTZ Polyesters, Ltd.; Polyplex; Uflex Ltd.; and Vacmet. We erroneously
rescinded the review with respect to Polyplex, which we corrected in
the Preliminary Results Correction on November 24, 2023.\2\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Reviews; 2021-2022, 88 FR 51298 (August 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission of Antidumping Duty Administrative Review;
2021-2022; Correction, 88 FR 82321 (November 24, 2023) (Preliminary
Results Correction); see also ``Analysis of Comments Received,''
below.
---------------------------------------------------------------------------
On September 26, 2023, Commerce issued a second supplemental
questionnaire to SRF regarding sections B and C of the original
questionnaire.\3\ SRF submitted its response along with new home market
and U.S. sales datasets on October 16, 2023.\4\ We used these data sets
for the final results along with SRF's original cost data set,
submitted on February 9, 2023.\5\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Second Supplemental
Questionnaire,'' dated September 26, 2023.
\4\ See SRF's Letter, ``Submission of 2nd Supplemental response
of Anti-Dumping Admin Review Questionnaire,'' dated October 16,
2023.
\5\ See SRF's Letter, ``Cost Data,'' dated February 9, 2023.
---------------------------------------------------------------------------
On November 29, 2023, SRF submitted its response to the third
supplemental questionnaire \6\ in which Commerce requested further
clarifications about the company name.\7\ In its supplemental
questionnaire response, SRF stated that ``SRF Limited'' is the official
name of the company and that going forward, SRF Limited will use only
that name.\8\ In addition, SRF stated that ``SRF Limited'' is the
official name of the company while ``Packaging Film'' is one division
within the legal entity of SRF Limited.\9\ Given that SRF Limited may
have used all three of these names on subject merchandise, the company
has been reviewed as SRF Limited/SRF Limited of India/SRF Limited
Packaging Films.
---------------------------------------------------------------------------
\6\ See SRF's Letter, ``Submission of 3rd Supplemental response
of Anti-Dumping Admin Review Questionnaire,'' dated November 29,
2023 (SRF 3rd SQR).
\7\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
November 22, 2023.
\8\ See SRF 3rd SQR at S3-1.
\9\ Id.
---------------------------------------------------------------------------
Scope of the Order 10
---------------------------------------------------------------------------
\10\ 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).
---------------------------------------------------------------------------
The products covered by the Order are all gauges of raw,
pretreated, or primed PET film, whether extruded or coextruded.
Excluded are metalized films and other finished films that have had at
least one of their surfaces modified by the application of a
performance enhancing resinous or inorganic layer of more than 0.00001
inches thick. Imports of polyethylene terephthalate film, sheet, and
strip are currently classifiable in the Harmonized Tariff Schedule of
the United States (HTSUS) under item number 3920.62.00.90. HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of the Order is dispositive.
Analysis of Comments Received
On August 31, 2023, Polyplex USA LLC (Polyplex USA) submitted a
letter in lieu of a case brief.\11\ In the letter, Polyplex USA
explained that although Commerce ``recognizes in the Preliminary
Determination {sic{time} {Results{time} that it `initiated a review
of eight companies,' it erroneously stat{e{time} s that the review
request for Polyplex was `timely withdrawn.' '' \12\ We agreed with
Polyplex USA and, on November 24, 2023, Commerce published a correction
notice.\13\ In the Correction to the Preliminary Results, we correctly
assigned SRF's rate of zero percent to Polyplex.
---------------------------------------------------------------------------
\11\ See Polyplex USA's Letter, ``Polyplex USA LLC's Letter in
Lieu of Case Brief,'' dated August 31, 2023 (Polyplex USA's Letter).
\12\ See Polyplex USA's Letter at 2; see also Preliminary
Results at 51299.
\13\ See Preliminary Results Correction.
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Commerce received no comments on the Preliminary Results beyond the
request to amend the Preliminary Results to include a review of
Polyplex and apply the rate calculated for SRF. Moreover, the data SRF
submitted in its supplemental questionnaire responses did not change
the rate we calculated for SRF in the Preliminary Results, and we have
not otherwise modified our analysis. Thus, although we are issuing a
final calculation memorandum in these final results,\14\ no issues and
decision memorandum accompanies this Federal Register notice. We are
adopting the analysis contained in the Preliminary Results as the final
results of this review.
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\14\ See Memorandum, ``SRF's Final Analysis Memorandum,'' dated
concurrently with this Federal Register notice.
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Second Correction to Partial Rescission
In the Preliminary Results and Preliminary Results Correction, we
stated that we were rescinding the antidumping duty (AD) administrative
review with respect to Vacmet India instead of Vacmet India
Limited.\15\ With the publication of this notice, Commerce is
clarifying that we rescinded the AD administrative review with respect
to Vacmet India Limited.
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\15\ See Preliminary Results, 88 FR at 51299; see also
Preliminary Results Correction, 88 FR at 82321.
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Final Results of Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists 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/SRF Limited of India/SRF Limited Packaging Films 0.00
Polyplex Corporation Ltd.................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.212(b)(1), Commerce has determined, and U.S.
Customs and Border Protection (CBP) shall assess, ADs on all
appropriate entries covered by this review. Because we calculated a
zero percent margin in the final results of this review for SRF and
assigned a zero percent rate to Jindal and Polyplex, in accordance with
19 CFR 351.212, we will instruct CBP to liquidate the appropriate
entries without regard to ADs.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of
[[Page 7686]]
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for SRF, Jindal, and Polyplex will be zero, the rate established
in the final results of this review; (2) for previously reviewed or
investigated companies not covered in this review, 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
or any previous review or in the original less-than-fair-value (LTFV)
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) if neither the exporter nor the manufacturer
is a firm covered in this or any previous review or the LTFV
investigation, the cash deposit rate will continue to be the all-others
rate of 5.71 percent, which is the all-others rate established by
Commerce in the LTFV investigation.\16\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Order at 44176 (showing the dumping margin computed for
all other producers/exporters 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
(May 16, 2002) (showing an adjustment of 18.43 percent for export
subsidies found in the companion countervailing duty investigation).
The cash deposit rate for all other exporters is the net of these
figures (i.e., 5.71 percent).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of ADs prior to liquidation of the relevant
entries during this review period. Failure to comply with this
requirement could result in the Commerce's presumption that
reimbursement of ADs occurred and the subsequent assessment of double
ADs.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These results are being issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(2).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02181 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-DS-P
