Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022, 65591-65593 [2024-17859]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65591-65593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Countervailing Duty Administrative Review and 
Rescission of Review, in Part; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers/exporters of polyethylene terephthalate film, 
sheet, and strip (PET film) from India during the period of review 
(POR) received countervailable subsidies from January 1, 2022, through 
December 31, 2022. In addition, Commerce is rescinding the

[[Page 65592]]

review, in part, with respect to six companies. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable August 12, 2024.

FOR FURTHER INFORMATION CONTACT: Stefan Smith or Nicholas Czajkowski, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4342 or (202) 
482-1395, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2002, Commerce published in the Federal Register the 
countervailing duty order on PET film from India.\1\ On September 11, 
2023, Commerce published in the Federal Register the notice of 
initiation of an administrative review of the Order.\2\ On October 16, 
2024, Commerce selected Polyplex Corporation, Ltd. (Polyplex) and SRF 
Limited of India (SRF) for individual examination as the mandatory 
respondents in this administrative review.\3\ On November 3 and 9, 
2023, Polyplex and SRF withdrew their requests for a review 
respectively.\4\ Therefore, on November 14, 2023, we selected Garware 
Polyester Ltd. (Garware) and Jindal Poly Films Ltd. (Jindal) for 
individual examination as mandatory respondents in this review.\5\ On 
March 21, 2024, Commerce extended the deadline for the preliminary 
results review until July 30, 2024.\6\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\7\ The deadline for the preliminary results is now August 6, 
2024.
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    \1\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023).
    \3\ See Memorandum, ``Respondent Selection Memorandum,'' dated 
October 16, 2023.
    \4\ See Polyplex's Letter, ``Withdrawal of Request for Review,'' 
dated November 3, 2023; see also SRF's Letter, ``Withdrawal of 
Request for Countervailing Duty Admin Review,'' dated November 9, 
2023.
    \5\ See Memorandum, ``Second Respondent Selection,'' dated 
November 14, 2023.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated March 
21, 2024.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\8\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in the Appendix I to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Administrative Review of the 
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip from India; 2022,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is PET film. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\9\
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    \9\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found countervailable, we preliminarily 
find that there is a subsidy (i.e. , a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific).\10\ For a full description of the methodology 
underlying our conclusions, including our reliance, in part, on adverse 
facts available (AFA) pursuant to sections 776(a) and (b) of the Act, 
see the Preliminary Decision Memorandum.
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    \10\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Recission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely filed 
withdrawal requests with respect to five companies, pursuant to 19 CFR 
351.213(d)(1).\11\ Because the withdrawal requests were timely filed, 
and no other parties requested a review of these companies, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to the five companies.
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    \11\ See Preliminary Decision Memorandum at the section titled 
``Partial Rescission of Administrative Review.''
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    Additionally, Commerce's practice is to rescind an administrative 
review of a countervailing duty order, pursuant to 19 CFR 
351.213(d)(3), when there are no reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\12\ 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the countervailing duty assessment rate 
calculated for the review period.\13\ Therefore, for an administrative 
review of a company to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct U.S. Customs and Border 
Protection (CBP) to liquidate at the countervailing duty assessment 
rate calculated for the review period.\14\
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    \12\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015,. 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 DE 14650 (April 11, 2019).
    \13\ See 19 CFR 351.212(b)(2).
    \14\ See 19 CFR 351.213(d)(3).
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    On July 10, 2024, we issued a memorandum notifying parties of our 
intent to rescind this administrative review with respect to Cosmo 
First Ltd (Cosmo).\15\ We received no comments from interested parties 
regarding our intention to rescind the review with respect to Cosmo. 
Accordingly, in the absence of reviewable, suspended entries of subject 
merchandise during the POR, we are rescinding this administrative 
review, in accordance with 19 CFR351.213(d)(3). For a complete list of 
companies for which we are rescinding this administrative review, see 
Appendix II.
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    \15\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated July 10, 2024.
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Preliminary Results of Review

    Commerce preliminary determines that the following net 
countervailable subsidy rates exist for the period January 1, 2022, 
through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Garware Polyester Ltd...................................            4.96
Jindal Poly Films Limited...............................          104.18
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days

[[Page 65593]]

after the date of publication of this notice.\16\ Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs to Commerce no 
later than 30 days after the date of publication of these preliminary 
results of review.\17\ 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.\18\ 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.\19\
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    \16\ See 19 CFR 351.224(b).
    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ 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).
    \19\ See 19 351.309(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.\20\ 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 public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. 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).\21\
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    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \21\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the 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 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amounts shown above for the producers/exporters shown above. Upon 
completion of the administrative review, consistent with section 
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP no earlier than 35 days after the date of 
publication of this notice in the Federal Register.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amounts calculated in the final results of this review for the 
respective companies listed above with regard to shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. If 
the rate calculated in the final results is zero or de minimis , no 
cash deposit will be required on shipments of the subject merchandise 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

Appendix II

List of Companies Commerce Is Rescinding on in This Administrative 
Review

1. Ester Industries Ltd.
2. Polyplex Corporation, Ltd.
3. SRF Limited of India
4. Vacmet India Limited
5. Chiripal Poly Films Limited
6. Cosmo First Ltd., India

 [FR Doc. 2024-17859 Filed 8-9-24; 8:45 am]
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