[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30908-30910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13264]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Final Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2010, the Department of Commerce (the
Department) issued the preliminary results of the new shipper review of
polyethylene terephthalate film, sheet and strip (PET Film) from India
for SRF Limited (SRF), covering the period July 1, 2009, through
December 31, 2009 (POR). Based on the results of our analysis of the
comments received, we continue to find that the U.S. sale of
[[Page 30909]]
subject merchandise produced and exported by SRF was bona fide and not
sold below normal value (NV). Therefore, the Department will instruct
U.S. Customs and Border Protection (CBP) to liquidate entries subject
to this review without regard to antidumping duties.
DATES: Effective Date: May 27, 2011.
FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1398 or (202) 482- 0197.
SUPPLEMENTARY INFORMATION:
Background
Since the issuance of Polyethylene Terephthalate Film, Sheet, and
Strip From India: Preliminary Results of Antidumping Duty New Shipper
Review, 75 FR 81570 (December 28, 2010) (Preliminary Results), the
following events have occurred. On January 21, 2011, the Department
issued a memorandum confirming the briefing schedule, in accordance
with 19 CFR 351.309(c), as stated in the Preliminary Results, 75 FR at
81573. See Memorandum To Interested Parties From Elfi Blum,
International Trade Compliance Analyst, AD/CVD Operations, Office 6:
New Shipper Reviews of the Antidumping Duty and Countervailing Duty
Orders on Polyethylene Terephthalate Film, Sheet, and Strip from India;
Verification and Briefing Schedule for the Final Results of Review
(January 21, 2011). SRF and the petitioners, Dupont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. (collectively, Petitioners), timely filed case briefs
on January 27, 2011. SRF timely filed a rebuttal brief on February 1,
2011.
The Department obtained, from CBP, import data for entries of PET
Film from India into the United States during the period December 2009
through January 2011. On February 11, 2011, the Department placed this
information on the record of this review. See Memorandum To All
Interested Parties From Toni Page, International Trade Compliance
Analyst: Antidumping and Countervailing Duty New Shipper Reviews of
Polyethylene Terephthalate Film, Sheet, and Strip from India: U.S.
Customs Entries from December 2009 to Present (January 11, 2011). The
Department issued its third supplemental questionnaire to SRF on
February 11, 2011, requesting information about the company's shipments
after the POR of PET film to the United States. On February 25, 2011,
SRF filed its response to the Department's supplemental questionnaire.
On March 3, 2011, the Department extended the final results of new
shipper review from March 21, 2011 to May 20, 2011. See Polyethylene
Terephthalate Film, Sheet and Strip From India: Extension of Time Limit
for Final Results of Antidumping Duty New Shipper Review, 76 FR 12937
(March 9, 2011).
On April 13, 2011, the Department placed additional CBP data
concerning post-POR shipments of PET Film to the United States, sold by
SRF, on the record of this review and requested comments from the
parties. See Memorandum to All Interested Parties from Toni Page,
International Trade Compliance Analyst: Antidumping and Countervailing
Duty New Shipper Reviews of Polyethylene Terephthalate Film, Sheet, and
Strip from India: U.S. Customs Entries from December 2009 to present
(April 13, 2011). Petitioners and SRF filed comments on the CBP data on
April 18, 2011.
Scope of the Order
The products covered by the order are all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet and strip,
whether extruded or coextruded. Excluded are metallized 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
more than 0.00001 inches thick. Imports of PET Film are 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.
Bona Fide Analysis of U.S. Sale
In the Preliminary Results, we determined that SRF's U.S. sale was
a bona fide transaction. See Memorandum from Toni Page, International
Trade Analyst Regarding: Bona Fide Nature of the Sale in the
Antidumping Duty New Shipper Review of Polyethylene Terephthalate Film,
Sheet, and Strip from India: SRF Limited (December 21, 2010). The
Department also stated it would continue to examine, through the
remainder of the review, all factors relating to the bona fide analysis
of the sale. We have further examined the bona fide nature of SRF's
U.S. sale and, for these final results, we continue to find the sale to
be bona fide. For further details, see Memorandum to File from Toni
Page, International Trade Analyst, Bona Fide Analysis of SRF's Sale in
the Antidumping Duty New Shipper Review of Polyethylene Terephthalate
Film, Sheet, and Strip from India, dated concurrently with this notice.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal brief by parties
to this new shipper review are addressed in Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, Issues and Decision Memorandum for the Final
Results of New Shipper Review of Polyethylene Terephthalate Film,
Sheet, and Strip (PET Film) from India (May 20, 2011) (Issues and
Decision Memorandum), which is hereby adopted by this notice. A list of
the comments raised in the briefs and addressed in the Issues and
Decision Memorandum is appended to this notice. The Issues and Decision
Memorandum is on file in the Central Records Unit (CRU), room 7046 of
the main Department building, and can be accessed directly on the Web
at http://ia.ita.doc.gov/frn. The paper and electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from SRF, we have made a change to
the margin calculations used in the Preliminary Results. As discussed
in Comment 1 of the accompanying Issues and Decision Memorandum, the
sum of the export subsidy rates calculated in the companion
countervailing duty new shipper review have been added to export price
for the purpose of calculating the antidumping margin for these final
results.
Final Results of New Shipper Review
In accordance with section 751(a)(2)(B)(i) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.221(b)(5), we determine that
the following weighted average dumping margin exists for the period
July 1, 2009, through December 31, 2009.
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
SRF Limited............................................ 0.00
------------------------------------------------------------------------
[[Page 30910]]
Disclosure
The Department will disclose to parties the calculations performed
in connection with these final results within five days of the date of
public announcement. See 19 CFR 351.224(b).
Assessment and Cash Deposit Instructions
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of review to
liquidate shipments of subject merchandise produced and exported by SRF
and entered, or withdrawn from warehouse, for consumption on or after
July 1, 2009, through December 31, 2009, without regard to antidumping
duties.
The Department intends to also instruct CBP that the cash deposit
rate for SRF is zero percent ad valorem of the entered value on
shipments of the subject merchandise produced and exported by SRF, and
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this new shipper review.
Further, effective upon publication of the final results of this
new shipper review, we intend to instruct CBP that importers may no
longer post a bond or other security in lieu of a cash deposit on
imports of PET Film from India, manufactured and exported by SRF. These
cash deposit requirements, when imposed, shall remain in effect until
further notice. The cash deposit rates for all companies not covered by
this review are not changed by the results of this new shipper review.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305. Timely written notification
of 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.
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Issues Addressed In the Issues and Decision Memorandum
Comment 1: Whether the Department Should Adjust the Export Price in
the Antidumping Calculations by the Calculated Countervailing Duty
Rate
Comment 2: Whether SRF's Single Sale and its U.S. Customer Are
Indicative of a Bona Fide Sale
Comment 3: Whether the Price and Quantity of SRF's New Shipper Sale
Are Indicative of a Bona Fide Sale
Comment 4: Whether SRF's PET Film Entry Was Re-sold for a Profit
[FR Doc. 2011-13264 Filed 5-26-11; 8:45 am]
BILLING CODE 3510-DS-P