Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2022, 106432-106433 [2024-31083]

Download as PDF 106432 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices disclosed under the 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/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 violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: December 18, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–30929 Filed 12–27–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022. DATES: Applicable December 30, 2024. FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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. SUPPLEMENTARY INFORMATION: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 Background On August 12, 2024, Commerce published the Preliminary Results of this administrative review in the Federal Register and invited comments from interested parties.1 On December 1 See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022, 89 FR 65591 VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 2, 2024, we extended the deadline for the final results of this review to no later than January 15, 2025.2 Additionally, on December 9, 2024, Commerce tolled the deadline to issue the final results in this administrative review by 90 days.3 Accordingly, the deadline for the final results is now April 15, 2025. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 5 The merchandise covered by the Order is PET film from India. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case brief submitted by interested parties in this review are addressed in the Issues and Decision Memorandum. The topics discussed and the issues raised by parties to which we responded in the Issues and Decision Memorandum are listed in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of comments received from interested parties, we made changes to the net countervailable subsidy rates for Jindal Poly Films Limited (Jindal). For a discussion of these changes, see the Issues and Decision Memorandum. (August 12, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated December 2, 2024. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated December 9, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Countervailing Duty Order; Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002) (Order). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.6 In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a complete description of the methodology underlying all of Commerce’s conclusions, see the Issues and Decision Memorandum. Final Results of the Administrative Review Commerce determines that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: Producer/exporter Jindal Poly Films Limited ...... Garware Hi-Tech Films Limited .................................... Subsidy rate (percent ad valorem) * 122.75 4.96 * Rate is based on facts available with adverse inferences. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with these final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, we did not make any changes from the preliminary subsidy rates calculated for Garware Hi-Tech Films Limited (Garware); therefore, we will not disclose any calculation documents for Garware for these final results of review. Assessment In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of the final results 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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 In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of this administrative review. For all non-reviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific rate or the all-others rate (i.e., 20.40 percent), as appropriate.7 These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the disposition 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 These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: December 19, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Garware Corporate Name Change V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs 7 See Order, 67 FR at 44180. VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 VIII. Discussion of the Issues Comment 1: Whether Commerce Erred in Excluding Certain Programs in its Adverse Facts Available (AFA) Calculations for Jindal Comment 2: Whether Commerce Erred in Selecting AFA Rates Lower than the Highest Non-De Minimis Rate for Certain Programs in its AFA Calculation for Jindal IX. Recommendation [FR Doc. 2024–31083 Filed 12–27–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–170] Disposable Aluminum Containers, Pans, Trays, and Lids From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that disposable aluminum containers, pans, trays, and lids (aluminum containers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination. DATES: Applicable December 30, 2024. FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Kate Fracke, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1678 or (202) 482–3299, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 12, 2024.1 On July 22, 2024, Commerce tolled certain deadlines in 1 See Disposable Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 89 FR 49837 (June 12, 2024) (Initiation Notice). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 106433 this administrative proceeding by seven days.2 On October 8, 2024, Commerce postponed the preliminary determination.3 The deadline for the preliminary determination is now December 19, 2024. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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 found at https:// access.trade.gov/public/FRNotices ListLayout.aspx. Scope of the Investigation The products covered by this investigation are aluminum containers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. As a result, Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, we have 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair Value Investigation, 89 FR 81425 (October 8, 2024). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Disposable Aluminum Containers, Pans, Trays, and Lids from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice, 89 FR at 49838. E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106432-106433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31083]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Countervailing Duty Administrative Review; 2022

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

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

DATES: Applicable December 30, 2024.

FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2024, Commerce published the Preliminary Results of 
this administrative review in the Federal Register and invited comments 
from interested parties.\1\ On December 2, 2024, we extended the 
deadline for the final results of this review to no later than January 
15, 2025.\2\ Additionally, on December 9, 2024, Commerce tolled the 
deadline to issue the final results in this administrative review by 90 
days.\3\ Accordingly, the deadline for the final results is now April 
15, 2025.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2022, 89 FR 65591 (August 
12, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated December 2, 2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------

    For a complete description of the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\4\ 
Commerce conducted this review in accordance with section 751(a)(1)(A) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India; 
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is PET film from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case brief submitted by interested parties 
in this review are addressed in the Issues and Decision Memorandum. The 
topics discussed and the issues raised by parties to which we responded 
in the Issues and Decision Memorandum are listed in the appendix to 
this notice. The Issues and 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 Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments received from interested parties, 
we made changes to the net countervailable subsidy rates for Jindal 
Poly Films Limited (Jindal). For a discussion of these changes, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Act. For each of the subsidy programs found 
to be countervailable, we find that there is a subsidy, i.e., a 
government-provided financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\6\ In making this 
final determination, Commerce relied, in part, on facts otherwise 
available, including with an adverse inference, pursuant to sections 
776(a) and (b) of the Act. For a complete description of the 
methodology underlying all of Commerce's conclusions, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films Limited...............................        * 122.75
Garware Hi-Tech Films Limited...........................            4.96
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with these final results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final results in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, we 
did not make any changes from the preliminary subsidy rates calculated 
for Garware Hi-Tech Films Limited (Garware); therefore, we will not 
disclose any calculation documents for Garware for these final results 
of review.

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after publication of the 
final results

[[Page 106433]]

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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies listed 
above for shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of this administrative review. For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (i.e., 20.40 percent), as 
appropriate.\7\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \7\ See Order, 67 FR at 44180.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the disposition 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

    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.221(b)(5).

    Dated: December 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Garware Corporate Name Change
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Erred in Excluding Certain Programs 
in its Adverse Facts Available (AFA) Calculations for Jindal
    Comment 2: Whether Commerce Erred in Selecting AFA Rates Lower 
than the Highest Non-De Minimis Rate for Certain Programs in its AFA 
Calculation for Jindal
IX. Recommendation

[FR Doc. 2024-31083 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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