[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2369-2370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00466]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet and Strip From India:
Partial Rescission of Countervailing Duty Administrative Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 11, 2013.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0197 or (202) 482-1398, respectively.
Background
On July 2, 2012, 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, 2011, through
December 31, 2011.\1\ The Department received a timely request for a
CVD administrative review from Petitioners \2\ for five companies:
Ester Industries Limited (Ester), Garware Polyester Ltd. (Garware),
Polyplex Corporation Ltd. (Polyplex), SRF Limited (SRF), and Jindal
Poly Films Limited of India (Jindal). The Department also received
timely requests from Jindal and SRF for a CVD review of themselves. On
August 30, 2012, the Department published a notice of initiation of
administrative review with respect to Ester, Garware, Jindal, Polyplex,
and SRF.\3\ On November 30, 2012, Petitioners withdrew their requests
for a CVD administrative review of Ester, Garware, Jindal, and
Polyplex. Jindal also withdrew its self-request for an administrative
review.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 39216, 39217 (July 2, 2012).
\2\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
52688 (August 30, 2012).
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Rescission, in Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review.
Petitioners' and Jindal's November 30, 2012, withdrawal requests were
submitted within the 90-day period and thus are timely.\4\ As the
withdrawal requests filed by Petitioners and Jindal are timely and no
other party requested a review of Ester, Garware, Jindal, and Polyplex,
we are rescinding this review with respect to these companies, in
accordance with 19 CFR 351.213(d)(1). Because the review requests for
SRF were not withdrawn,
[[Page 2370]]
the Department will continue to conduct the CVD administrative review
of SRF.
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\4\ The 90th day fell on November 28, 2012; however, as
explained in the memorandum from the Assistant Secretary for Import
Administration, the Department has exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from October 29, through October 30, 2012. Thus, all deadlines in
this segment of the proceeding have been extended by two days. The
revised deadline for filing a withdrawal request was November 30,
2012. See Memorandum to the Record from Paul Piquado, Assistant
Secretary for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During Hurricane Sandy'' (October 31, 2012).
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Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess CVDs on all appropriate entries. Ester, Garware,
Jindal, and Polyplex shall be assessed CVDs at rates equal to the cash
deposit of estimated CVDs required at the time of entry, or withdrawal
from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: January 7, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-00466 Filed 1-10-13; 8:45 am]
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