[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9892-9893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3972]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet and Strip from India:
Preliminary Intent to Rescind Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 21, 2012.
FOR FURTHER INFORMATION CONTACT: Toni Page, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2011, the Department of Commerce (Department) published
a notice of opportunity to request an administrative review of the
countervailing duty (CVD) order on polyethylene terephthalate film,
sheet and strip from India covering the period January 1, 2010, through
December 31, 2010. See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 76 FR 38609, 38610 (July 1, 2011). The
Department received a timely request from Petitioners \1\ for a CVD
administrative review of five companies: Ester Industries Limited
(Ester), Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of
India (Jindal), Polyplex Corporation Ltd. (Polyplex), and SRF Limited
(SRF). The Department also received timely requests for a CVD review
from Vacmet India Ltd. (Vacmet) and Polypacks Industries of India
(Polypacks).
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\1\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
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On August 26, 2011, the Department published a notice of initiation
of administrative review with respect to Ester, Garware, Jindal,
Polyplex, SRF, Vacmet, and Polypacks. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 76 FR 53404 (August 26, 2011). Subsequently, Vacmet and
Polypacks timely withdrew their requests for an administrative review;
on September 20, 2011, the Department published a rescission, in part,
of the CVD administrative review with respect to Vacmet and Polypacks.
See Polyethylene Terephthalate Film, Sheet and Strip From India:
Rescission, In Part, of Countervailing Duty Administrative Review, 76
FR 58248 (September 20, 2011).
On September 12, 2011, SRF filed a certification of no shipments
and requested that the Department rescind the CVD administrative review
of the company.
On November 25, 2011, Petitioners timely withdrew their request for
CVD administrative reviews of Ester, Garware, Polyplex, and Jindal. The
Department published a rescission, in part, of the CVD administrative
review with respect to Ester, Garware, Polyplex, and Jindal on January
11, 2012. See Polyethylene Terephthalate Film, Sheet and Strip From
India: Rescission, In Part, of Countervailing Duty Administrative
Review, 77 FR 1668 (January 11, 2012). The administrative review of SRF
continued.
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
of more than 0.00001 inches thick. Imports of polyethylene
terephthalate film, sheet and strip are classifiable in the Harmonized
Tariff
[[Page 9893]]
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.
Intent To Rescind the 2010 Countervailing Duty Administrative Review
SRF submitted a letter to the Department on September 12, 2011,
certifying that it had no shipments of subject merchandise that entered
the United States during calendar year 2010, which is the period of
review (POR). Petitioners did not comment on SRF's claim of no
shipments or entries.
Previously, on September 1, 2011, the Department released the
results of a U.S. Customs and Border Protection (CBP) data query to
interested parties with an administrative protective order for this
segment of the administrative review, which showed SRF had no suspended
entries of subject merchandise during the POR. After the receipt of
SRF's no shipment certification, we sent a ``no shipments inquiry''
message to CBP, which posted the message on October 12, 2011.\2\ We
have not received any responses from CBP regarding the no shipments
inquiry indicating that there were any suspended entries from SRF
during the POR. See Memorandum to the File through Barbara E. Tillman,
Director, AD/CVD Operations, Office 6, ``Claim of No Shipments from SRF
Limited in the 2010 Administrative Review of the Countervailing Duty
Order on Polyethylene Terephthalate Film, Sheet and Strip from India''
(dated concurrently with this notice).
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\2\ See Message number 1285302, available at http://addcvd.cbp.gov/index.asp.
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Based on our analysis of all of the information on the record, we
preliminarily determine that SRF had no shipments or entries of subject
merchandise during the POR. Therefore, in accordance with 19 CFR
351.213(d)(3), and consistent with our practice,\3\ we preliminarily
determine to rescind the review for SRF. Because SRF is the sole
remaining company in this administrative review, the rescission of the
review with respect to SRF would result in a rescission of the
administrative review in its entirety.
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\3\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from
Turkey: Notice of Rescission of Countervailing Duty Administrative
Review, In Part, 74 FR 47921 (September 18, 2009).
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Public Comment
The Department is setting aside a period for interested parties to
raise issues regarding the Department's preliminary intent to rescind
the administrative review for SRF. Interested parties should submit
such comments within 20 calendar days of the publication of this
notice. Comments must be filed electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS) (https://iaaccess.trade.gov/).
The period for public comment is intended to provide the Department
with ample opportunity to consider all views prior to making a final
determination concerning whether to rescind the administrative review.
We are issuing this notice in accordance with section 777(i)(1) of
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: February 14, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-3972 Filed 2-17-12; 8:45 am]
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