[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2365-2366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00469]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet and Strip From India:
Partial Rescission of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 11, 2013.
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.
Background
On July 2, 2012, the Department of Commerce (Department) published
a notice of opportunity to request an administrative review of the
antidumping duty (AD) order on polyethylene terephthalate film, sheet
and strip from India covering the period July 1, 2011, through June 30,
2012.\1\ The Department received a timely request from Petitioners \2\
for an AD administrative review of 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).\3\ In addition, the Department
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received timely requests for an AD review from SRF and Jindal.\4\ On
August 30, 2012, the Department published a notice of initiation of
administrative review with respect to Ester, Garware, Jindal, Polyplex,
and SRF.\5\ On September 26, 2012, one of the petitioners (DuPont
Teijin Films) withdrew its request for an AD administrative review of
all the companies for which reviews were initiated.\6\ Finally, on
November 30, 2012, the remaining petitioners (Mitsubishi Polyester
Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.) submitted a
withdrawal request for Ester and Garware only.\7\
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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 Polyethylene Terephthalate (PET) Film, Sheet, and Strip
from India: Request for Antidumping Duty Administrative Review:
Petitioners' Request for an Administrative Review (July 31, 2012).
\4\ See Polyethylene Terephthalate (PET) Film from India/Request
for Antidumping Admin Review/Jindal Poly Films Limited (July 30,
2012) and Polyethylene Terephthalate (PET) Film from India/Request
for Antidumping Admin Review/SRF Limited (July 30, 2012).
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
52688 (August 30, 2012).
\6\ See Polyethylene Terephthalate (PET) Film, Sheet, and Strip
from India: Withdrawal of DuPont Teijin Films' Request for
Antidumping Duty Administrative Review (September 26, 2012).
\7\ See Polyethylene Terephthalate (PET) Film, Sheet, and Strip
from India: Partial Withdrawal of Request for Antidumping Duty
Administrative Review (November 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' September 26, 2012, and November 30, 2012, withdrawal
requests were submitted within the 90-day period and thus are
timely.\8\ Because Petitioners' withdrawals of their requests for
review are timely and because no other party requested a review of
Ester and Garware, we are rescinding this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(1). The requests from
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. for an administrative review of Jindal, Polyplex, and
SRF have not been withdrawn. As such, we are not rescinding the review
with respect to these three companies. For the review, the Department
will proceed with individual examination of the two previously selected
mandatory respondents, Jindal and SRF.
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\8\ 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 ADs on all appropriate entries. Subject merchandise of
Ester and Garware will be assessed ADs at rates equal to the cash
deposit of estimated ADs 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 assessment
instructions to CBP 15 days after the date of publication of this
notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
of their responsibility under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement of ADs 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 the ADs occurred and the subsequent assessment of
double ADs.
Notification Regarding Administrative Protective Orders
This notice also serves as a final 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. 2013-00469 Filed 1-10-13; 8:45 am]
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