[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47276-47277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18834]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate (PET) Film, Sheet, and Strip From
India: Final Results of the Expedited Second Sunset Review of the
Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 5, 2013.
SUMMARY: On April 2, 2013, the Department of Commerce (``Department'')
initiated the second sunset review of the countervailing duty order on
polyethylene terephthalate (PET) film, sheet, and strip (``PET film'')
from India. The Department finds that revocation of this countervailing
duty order (CVD'') would be likely to lead to the continuation or
recurrence of net countervailable subsidies at the rates in the ``Final
Results of Review'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein, 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) 482-3964
or 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on PET film from India was published on July 1, 2002.
See Notice of Countervailing Duty Order: Polyethylene Terephthalate
Film, Sheet, and Strip From India, 67 FR 44179 (July 1, 2002). On April
2, 2012, the Department initiated the second sunset review of the
order, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act). See Initiation of Five-Year (``Sunset'') Reviews, 78 FR
19647 (April 2, 2013). The Department received notices of intent to
participate from DuPont Teijin Films, Mitsubishi Polyester Film, Inc.,
and SKC, Inc. (collectively, ``domestic interested parties'') within
the deadline specified in 19 CFR 351.218(d)(1)(i). The Department
received an adequate substantive response to the notice of initiation
from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). The Department received no
substantive responses from the Government of India (``GOI'') and
respondent interested parties.
The regulations provide, at 19 CFR 351.218 (e)(1)(ii)(A), that the
Department will normally conclude that respondent interested parties
have provided adequate response to a notice of initiation where it
receives complete substantive responses from respondent interested
parties accounting on average for more than 50 percent, on a volume
basis (or a value basis, if appropriate), of the total exports of the
subject merchandise to the United States over the five calendar years
preceding the year of publication of the notice of initiation.
Moreover, in a sunset review of a CVD order, the Department will
[[Page 47277]]
normally conduct a full review only if it receives adequate responses
from domestic and respondent interested parties and a complete
substantive response from the foreign government. See 19 CFR
351.218(e)(2) and 351.218(e)(1)(ii)(B) and (C). Because the Department
received no responses from the GOI and respondent interested parties,
the Department is conducting an expedited (120-day) sunset review of
the CVD order on PET film from India pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2).
Scope of the Order
The products covered by the order are all gauges of raw,
pretreated, or primed PET film, whether extruded or coextruded.
Excluded are metalized 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 PET film are classifiable in the Harmonized
Tariff Schedule of the United States (``HTSUS'') under item number
3920.62.00.90. Effective July 1, 2003, the HTSUS subheading
3920.62.00.00 was divided into 3920.62.00.10 (metallized PET film) and
3920.62.00.90 (non-metallized PET film). Although the HTSUS numbers are
provided for convenience and customs purposes, the written product
description remains dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, dated concurrently with this notice, which is hereby
adopted by this notice. The issues discussed in the Decision Memorandum
include the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the order was revoked. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit in room 7046 of the
main Commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/ia/. The signed Decision Memorandum and electronic
versions of the Decision Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(b)(1) and (3) of the Act, the Department
determines that revocation of the CVD order on PET film from India
would be likely to lead to continuation or recurrence of
countervailable subsidies at the following net countervailable subsidy
rates:
------------------------------------------------------------------------
Net countervailable subsidy
Manufacturers/exporters/producers (percent)
------------------------------------------------------------------------
Ester Industries Ltd................... 27.37% ad valorem
Garware Polyester Ltd.................. 33.42% ad valorem
Polyplex Corporation Ltd............... 22.69% ad valorem
All others............................. 29.34% ad valorem
------------------------------------------------------------------------
This notice also serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(b), and 777(i)(1)
of the Act.
Dated: July 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-18834 Filed 8-2-13; 8:45 am]
BILLING CODE 3510-DS-P