Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Changed Circumstances Review, 14053-14055 [2024-03860]

Download as PDF Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices Register AD and CVD orders on standard pipe, WLP, OCTG, and LDWP from Turkey.1 On January 9, 2024, Borusan Boru requested that, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct expedited CCRs to determine that Borusan Boru is the successor-in-interest to BMB and accordingly to: (1) assign it the cash deposit rates currently applicable to BMB pursuant to Standard Pipe AD Order; Standard Pipe CVD Order; Welded Line Pipe AD Order; Welded Line Pipe CVD Order; and OCTG CVD Order; and (2) exclude it from OCTG AD Order; LDWP AD Order; and LDWP CVD Order.2 In its submission, Borusan Boru stated that in 2023 it changed its name from BMB pursuant to the termination of its partnership with Salzgitter Mannesmann GmbH.3 Scope of the Orders The merchandise covered by these orders is standard pipe, WLP, OCTG, and LDWP from Turkey. For a complete description of the scope of each of these orders, see Standard Pipe AD Order; Standard Pipe CVD Order; Welded Line khammond on DSKJM1Z7X2PROD with NOTICES 1 See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Standard Pipe AD Order); Countervailing Duty Order: Certain Welded Carbon Steel Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986) (Standard Pipe CVD Order); Welded Line Pipe from the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 1, 2015) (Welded Line Pipe AD Order); Welded Line Pipe from the Republic of Turkey: Countervailing Duty Order, 80 FR 75054 (December 1, 2015) (Welded Line Pipe CVD Order); Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691, 53693 (September 10, 2014) (OCTG AD Order); Certain Oil Country Tubular Goods from India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India, 79 FR 53688 (September 10, 2014) (OCTG CVD Order); Large Diameter Welded Pipe from the Republic of Turkey: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order, 84 FR 18799 (May 2, 2019) (LDWP AD Order); and Large Diameter Welded Pipe from the Republic of Turkey: Countervailing Duty Order, 84 FR 18771 (May 2, 2019) (LDWP CVD Order). 2 See Borusan Boru’s Letter, ‘‘Notification of Company Name Change and Request for Changed Circumstances Review, If Deemed Necessary: Name Change of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Boruson Mannesmann Pipe U.S.,’’ dated January 8, 2024 (Borusan Boru’s CCR Request). In Borusan Boru’s CCR Request, Borusan Boru also requested that Commerce conduct a CCR to determine if Borusan Mannesmann Pipe U.S. is the successor-in-interest to Borusan Pipe U.S. Inc. However, because we do not assign cash deposit rates to U.S. companies, we do not intend to conduct this analysis. 3 Id. VerDate Sep<11>2014 16:23 Feb 23, 2024 Jkt 262001 Pipe AD Order; Welded Line Pipe CVD Order; OCTG AD Order; OCTG CVD Order; LDWP AD Order; and LDWP CVD Order.4 Initiation of CCRs Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), Commerce conducts a CCR upon receipt of information concerning, or a request from, an interested party for a review of an AD or CVD order which shows changed circumstances sufficient to warrant a review of the order. The information submitted by Borusan Boru regarding its claim that it is the successor-in-interest to BMB demonstrates changed circumstances sufficient to warrant the initiation of such reviews.5 Therefore, in accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are initiating these CCRs. In making a successor-in-interest determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) management; (2) production facilities; (3) supplier relationships; and (4) customer base.6 While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-in-interest relationship, generally, Commerce will consider the new company to be the successor to the previous company if the new company’s resulting operation is not materially dissimilar to that of its predecessor.7 Thus, if the record evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, Commerce may assign the new company the cash deposit rate of its predecessor.8 4 See Standard Pipe AD Order, 51 FR at 17784; Standard Pipe CVD Order, 51 FR at 7984; Welded Line Pipe AD Order, 80 FR at 75056–57; Welded Line Pipe CVD Order, 80 FR at 75054; OCTG AD Order, 79 FR at 53691–92; OCTG CVD Order, 79 FR at 53689; LDWP AD Order, 84 FR at 18801; and LDWP CVD Order, 84 FR at 18773. 5 See Borusan Boru’s CCR Request. 6 See, e.g., Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from India Preliminary Results), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 90774 (December 15, 2016) (Shrimp from India Final Results). 7 See, e.g., Shrimp from India Preliminary Results, 81 FR at 75377, unchanged in Shrimp from India Final Results, 81 FR at 90774. 8 Id.; see also Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); Ball Bearings and Parts Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 14053 Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the notices of initiation and preliminary results of a CCR into a single notice if it concludes that expedited action is warranted. We have determined that it is appropriate to further consider, and potentially seek additional information regarding, certain factors noted above that Commerce examines in a successor-ininterest determination. Therefore, we find that expedited action is not warranted. Commerce intends to make its preliminary determinations and to publish in the Federal Register a notice of the preliminary results of these CCRs, in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set forth Commerce’s preliminary factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. Unless extended, Commerce intends to issue the final results of this CCR within 270 days after the date of initiation, in accordance with 19 CFR 351.216(e). Notification to Interested Parties We are issuing this notice in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: February 20, 2024. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–03856 Filed 2–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824] Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily AGENCY: 18, 2010); and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Preliminary Results of Antidumping Duty Changed Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which Commerce found that a company which only changed its name and did not change its operations is a successor-ininterest to the company before it changed its name. E:\FR\FM\26FEN1.SGM 26FEN1 14054 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices determines that Garware Hi-Tech Films Limited (Garware Hi-Tech) is the successor-in-interest to Garware Polyester Limited (Garware Polyester) for purposes of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET film) from India. Accordingly, Garware Hi-Tech is entitled to Garware Polyester’s AD cash deposit rates with respect to entries of subject merchandise in the above referenced proceedings. Interested parties are invited to comment on these preliminary results. DATES: Applicable February 26, 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. SUPPLEMENTARY INFORMATION: Background khammond on DSKJM1Z7X2PROD with NOTICES On August 22, 2023, Commerce published the initiation of a changed circumstances review (CCR) on the AD order 1 of PET film from India for Garware Hi-Tech.2 Commerce declined to combine the Initiation Notice with the preliminary results of the CCR, citing the need to issue a supplemental questionnaire to Garware Hi-Tech regarding its ownership and management structure.3 On September 12, 2023, Commerce issued a supplemental questionnaire to Garware Hi-Tech seeking clarification about ownership and management structure and its suppliers.4 On September 25, 2023, Garware Hi-Tech timely submitted its response to this questionnaire.5 No other interested party submitted comments or factual 1 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 44175 (July 1, 2002) (Order). 2 The notice of initiation of this CCR referred to this company as Garware Hi-Tech. We clarify that the full name of the company requesting this CCR is Garware Hi-Tech Films Limited, hereafter abbreviated as Garware Hi-Tech. See Polyethylene Terephthalate Film, Sheet and Strip from India: Initiation of Antidumping Duty Changed Circumstances Review; Garware, 88 FR 57090 (August 22, 2023) (Initiation Notice). 3 Id. 4 See Commerce’s Letter, ‘‘Changed Circumstances Review of the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet and Strip (PET Film) from India: Supplemental Questionnaire,’’ dated September 12, 2023. 5 See Garware Hi-Tech’s Letter, ‘‘Garware Hi-Tech Films Limited’s request for a Changed Circumstances Review Response to 1st Supplemental Questionnaire,’’ dated September 25, 2023. VerDate Sep<11>2014 16:23 Feb 23, 2024 Jkt 262001 information regarding Garware HiTech’s request. 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 full written product description, available in the Preliminary Decision Memorandum, remains dispositive.6 Legal Framework In this CCR, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), Commerce conducted a successor-in-interest analysis. In determining whether one company is the successor-in-interest to another company as part of an AD proceeding, Commerce examines several factors including, but not limited to, changes in (1) management and ownership; (2) production facilities; (3) supplier relationships; and (4) customer base.7 Although no single, or even several, of these factors will necessarily provide a dispositive indication of succession, generally, Commerce will consider a company to be the successorin-interest if its resulting operation is not materially dissimilar to that of its predecessor.8 Thus, if the ‘‘totality of circumstances’’ demonstrate that, with respect to the production and sale of the subject merchandise, the new company operates as essentially the same business entity as the prior company, Commerce will assign the successor-ininterest the cash deposit rate of its predecessor.9 Preliminary Results of Review We preliminarily determine that Garware Hi-Tech is the successor-ininterest to Garware Polyester. Record evidence submitted by Garware Hi-Tech indicates that, based on the totality of the circumstances under Commerce’s 6 See Memorandum, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results of Changed Circumstances Review,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See, e.g., Ball Bearings and Parts Thereof from France: Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 2010), and accompanying Issues and Decision Memorandum at Comment 1. 8 See, e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9979–80 (March 1, 1999). 9 Id.; see also Brass Sheet and Strip from Canada; Final Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992) at Comment 1. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 successor-in-interest criteria, Garware Hi-Tech operates as materially the same business entity as Garware Polyester with respect to the production and sale of subject merchandise. For a complete discussion of the information that Garware Hi-Tech provided and the complete successor-in-interest analysis, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an attachment 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. 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 date of publication of this notice.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.11 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.12 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.13 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and 10 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(i) to alter the time limit for the filing of case briefs. 11 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices decision memorandum that will accompany the final results in this CCR. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).14 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, filed electronically via ACCESS, within 30 days of publication of this notice. Requests should contain the following information: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. If a request for a hearing is made, Commerce will inform parties of the time and date for the hearing. Final Results of Review Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this review was initiated. If we continue to find that Garware HiTech is the successor-in-interest to Garware Polyester, we will assign Garware Hi-Tech the cash deposit rate currently assigned to Garware Polyester (i.e., 4.45 percent).15 Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: February 20, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Successor-in-Interest Determination V. Recommendation [FR Doc. 2024–03860 Filed 2–23–24; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P 14 See APO and Final Service Rule. Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 14883, 14884 (March 16, 2020), as amended by Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2017–2018; Correction, 88 FR 87751 (December 19, 2023). 15 See VerDate Sep<11>2014 16:23 Feb 23, 2024 Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–084, C–570–085] Certain Quartz Surface Products From the People’s Republic of China: Expansion of the Period of Review and Supplemental Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is expanding the period of review (POR) for the current antidumping duty (AD) and countervailing duty (CVD) administrative reviews of certain quartz surface products (quartz surface products) from the People’s Republic of China (China) to include entries suspended by the final scope ruling on Malaysian processed quartz slab prior to the current POR of the instant reviews. Additionally, Commerce is providing a supplemental opportunity for interested parties to request a review of certain companies currently ineligible for the scope certification process with suspended entries during the expanded POR solely for the purposes of examining their certification status. DATES: Supplemental requests for review must be submitted no later than March 11, 2024. FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–0208. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 21, 2022, Commerce published in the Federal Register the final scope ruling on Malaysian processed quartz slab, finding that imports of quartz slab manufactured in China and processed in Malaysia are covered by the AD and CVD orders on quartz surface products from China.1 As part of this determination, Commerce implemented a certification requirement for all imports of quartz surface products from Malaysia, effective November 4, 2021, and also directed U.S. Customs and Border Protection (CBP) to suspend liquidation and 1 See Certain Quartz Surface Products from the People’s Republic of China: Final Scope Ruling on Malaysian Processed Quartz Slab and Recission of the Circumvention Inquiry, 87 FR 64009, 64010 (October 21, 2022) (Malaysia Processed Final Scope Ruling). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 14055 require cash deposit for entries subject to the scope inquiry retroactive to this same date.2 On July 3, 2023, Commerce notified interested parties of the opportunity to request administrative reviews of the AD and CVD orders on quartz surface products from China for the periods: (1) July 1, 2022, through June 30, 2023 for the AD administrative review; and (2) January 1, 2022, through December 31, 2022 for the CVD administrative review.3 On September 11, 2023, Commerce initiated administrative reviews of the AD and CVD orders on quartz surface products from China for these periods.4 Expanding the PORs of the AD and CVD Administrative Reviews As noted above, in the Malaysia Processed Final Scope Ruling published on October 21, 2022, Commerce imposed a certification requirement and also directed CBP to suspend liquidation and require cash deposit for entries subject to the inquiry effective November 4, 2021.5 Therefore, consistent with 19 CFR 351.213(e)(1)– (2),6 to ensure that Commerce is examining all suspended entries which were not previously under review, we are expanding the ongoing AD and CVD administrative reviews to cover the following periods: (1) November 1, 2021, through June 30, 2023 for the AD administrative review; and (2) November 1, 2021, through December 31, 2022 for the CVD administrative review. Supplemental Opportunity To Request Administrative Review In the Malaysia Processed Final Scope Ruling, we determined that the following companies were ineligible from participating in the scope certification process because they did not fully participate in the proceeding: Bada Industries SDN BHD (Bada Industries); Ever Stone World SDN BHD (Ever Stone); Karina Stone; MSI Building Supply SDN (MSI); Principal Safwa (M) SDN (Principal Safwa); Resstone Manufacturing (Resstone); 2 Id. 3 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 2023). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice). 5 See Malaysian Processed Final Scope Ruling, 87 FR at 64010. 6 See 19 CFR 351.213(e)(1)–(2), which provides that ‘‘{w}hile AD/CVD reviews normally are limited to 12 months or the calendar year, Commerce has the discretion to determine the period under review.’’ E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14053-14055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03860]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip From India: Preliminary Results of Changed Circumstances 
Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily

[[Page 14054]]

determines that Garware Hi-Tech Films Limited (Garware Hi-Tech) is the 
successor-in-interest to Garware Polyester Limited (Garware Polyester) 
for purposes of the antidumping duty (AD) order on polyethylene 
terephthalate film, sheet, and strip (PET film) from India. 
Accordingly, Garware Hi-Tech is entitled to Garware Polyester's AD cash 
deposit rates with respect to entries of subject merchandise in the 
above referenced proceedings. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable February 26, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published the initiation of a changed 
circumstances review (CCR) on the AD order \1\ of PET film from India 
for Garware Hi-Tech.\2\ Commerce declined to combine the Initiation 
Notice with the preliminary results of the CCR, citing the need to 
issue a supplemental questionnaire to Garware Hi-Tech regarding its 
ownership and management structure.\3\ On September 12, 2023, Commerce 
issued a supplemental questionnaire to Garware Hi-Tech seeking 
clarification about ownership and management structure and its 
suppliers.\4\ On September 25, 2023, Garware Hi-Tech timely submitted 
its response to this questionnaire.\5\ No other interested party 
submitted comments or factual information regarding Garware Hi-Tech's 
request.
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    \1\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 
44175 (July 1, 2002) (Order).
    \2\ The notice of initiation of this CCR referred to this 
company as Garware Hi-Tech. We clarify that the full name of the 
company requesting this CCR is Garware Hi-Tech Films Limited, 
hereafter abbreviated as Garware Hi-Tech. See Polyethylene 
Terephthalate Film, Sheet and Strip from India: Initiation of 
Antidumping Duty Changed Circumstances Review; Garware, 88 FR 57090 
(August 22, 2023) (Initiation Notice).
    \3\ Id.
    \4\ See Commerce's Letter, ``Changed Circumstances Review of the 
Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet and 
Strip (PET Film) from India: Supplemental Questionnaire,'' dated 
September 12, 2023.
    \5\ See Garware Hi-Tech's Letter, ``Garware Hi-Tech Films 
Limited's request for a Changed Circumstances Review Response to 1st 
Supplemental Questionnaire,'' dated September 25, 2023.
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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 full written 
product description, available in the Preliminary Decision Memorandum, 
remains dispositive.\6\
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    \6\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Preliminary Results of Changed Circumstances 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Legal Framework

    In this CCR, pursuant to section 751(b) of the Tariff Act of 1930, 
as amended (the Act), Commerce conducted a successor-in-interest 
analysis. In determining whether one company is the successor-in-
interest to another company as part of an AD proceeding, Commerce 
examines several factors including, but not limited to, changes in (1) 
management and ownership; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\7\ Although no single, or even 
several, of these factors will necessarily provide a dispositive 
indication of succession, generally, Commerce will consider a company 
to be the successor-in-interest if its resulting operation is not 
materially dissimilar to that of its predecessor.\8\ Thus, if the 
``totality of circumstances'' demonstrate that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as essentially the same business entity as the prior company, 
Commerce will assign the successor-in-interest the cash deposit rate of 
its predecessor.\9\
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    \7\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum at Comment 1.
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9979-80 (March 1, 1999).
    \9\ Id.; see also Brass Sheet and Strip from Canada; Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992) at Comment 1.
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Preliminary Results of Review

    We preliminarily determine that Garware Hi-Tech is the successor-
in-interest to Garware Polyester. Record evidence submitted by Garware 
Hi-Tech indicates that, based on the totality of the circumstances 
under Commerce's successor-in-interest criteria, Garware Hi-Tech 
operates as materially the same business entity as Garware Polyester 
with respect to the production and sale of subject merchandise. For a 
complete discussion of the information that Garware Hi-Tech provided 
and the complete successor-in-interest analysis, see the Preliminary 
Decision Memorandum. A list of topics included in the Preliminary 
Decision Memorandum is included as an attachment 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.

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 date of publication of this notice.\10\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\11\ Interested 
parties who submit case briefs or rebuttal briefs in this proceeding 
must submit: (1) a table of contents listing each issue; and (2) a 
table of authorities.\12\
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    \10\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(i) to alter the time limit for the filing of case 
briefs.
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and

[[Page 14055]]

decision memorandum that will accompany the final results in this CCR. 
We request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Final Service Rule.
---------------------------------------------------------------------------

    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, filed electronically via ACCESS, within 30 
days of publication of this notice. Requests should contain the 
following information: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. If a request for a hearing is made, Commerce will inform 
parties of the time and date for the hearing.

Final Results of Review

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated. If we continue to find that Garware Hi-Tech is 
the successor-in-interest to Garware Polyester, we will assign Garware 
Hi-Tech the cash deposit rate currently assigned to Garware Polyester 
(i.e., 4.45 percent).\15\
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    \15\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 14883, 14884 (March 16, 2020), as amended by 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final 
Results of Antidumping Duty Administrative Review; 2017-2018; 
Correction, 88 FR 87751 (December 19, 2023).
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Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: February 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2024-03860 Filed 2-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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