[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50616-50618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Recission of Countervailing Duty
Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review under the countervailing duty (CVD) order on
polyethylene terephthalate film, sheet and strip (PET film) from India
for the period of review (POR) January 1, 2012, through December 31,
2012. We preliminarily determine that SRF Limited (SRF) and Jindal Poly
Films Limited of India (Jindal) received countervailable subsidies
during the POR. See the ``Preliminary Results of Review'' section,
below. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197 or (202) 482-2371, respectively.
Scope of the Order
For purposes of the order, the products covered are all gauges of
raw, pretreated, or primed polyethylene terephthalate film, sheet and
strip, whether extruded or coextruded.
[[Page 50617]]
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 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.
Partial Rescission of Administrative Review
On August 28, 2013, the Department initiated a review of eight
companies in this proceeding.\1\ On December 12, 2013, Petitioners and
SRF timely withdrew their requests for review. On the same date,
Polyplex USA and Flex USA (domestic interested parties) timely withdrew
their requests for reviews of all companies except Jindal and SRF.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocations in Part, 78 FR
53128 (August 28, 2013). The eight companies were Ester Industries
(Ester), Garware Polyester Ltd. (Garware), Jindal, MTZ Polyesters
Ltd. (MTZ), Polyplex Corporation Ltd. (Polyplex), SRF, Uflex Limited
(Uflex), and Vacmet. DuPont Teijin Films, Mitsubishi Polyester Film,
Inc., and SKC, Inc. (collectively Petitioners) requested a review
for six companies (Ester, Garware, Polyplex, SRF, Jindal, and
Vacmet). Polyplex, USA LLC (Polyplex USA) and Flex Films (USA) Inc.
(Flex USA) requested a review for eight companies (SRF, Jindal,
Polyplex, Garware, Ester, Uflex, MTZ, and Vacmet). In addition, SRF
self-requested an administrative review.
---------------------------------------------------------------------------
On December 18, 2013, Jindal and SRF filed a request with the
Department to reject Polyplex USA's and Flex USA's review requests in
both the antidumping duty and CVD proceedings because, they alleged,
the requestors did not have standing to request a review for the
current PORs. The Department made an interested party determination on
March 20, 2014, concluding that Polyplex USA and Flex USA were eligible
to request administrative reviews for this proceeding.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to Edward Yang, Director AD/CVD Operations,
Office VII, Enforcement and Compliance re: Interested Party Status
in the Antidumping Duty (AD) and Countervailing Duty (CVD)
Administrative Reviews: Polyethylene Terephthalate Film, Sheet, and
Strip (PET film) from India; 2012-2013 (March, 20, 2013).
---------------------------------------------------------------------------
As Petitioners', Polyplex USA's, and Flex USA's review and
withdrawal requests were timely filed, we are rescinding this
administrative review with respect to Polyplex, Garware, Ester, Uflex,
MTZ, and Vacmet (pursuant to 19 CFR 351.213(d)(1)), and proceeding with
the reviews of Jindal and SRF.
Methodology
The Department conducted this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\3\ For a full description of the
methodology underlying our conclusions, see the Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, titled Decision Memorandum
for the Preliminary Results of Countervailing Duty (CVD) Administrative
Review: Polyethylene Terephthalate Film, Sheet and Strip from India
(Preliminary Decision Memorandum), dated concurrently with these
preliminary results and hereby adopted by this notice.
---------------------------------------------------------------------------
\3\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2012, through December 31, 2012 to be:
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
SRF Limited.................................................. 2.08
Jindal Poly Films Limited.................................... 8.36
------------------------------------------------------------------------
Assessment Rates and Cash Deposit Requirements
In accordance with 19 CFR 351.221(b)(4)(i), the Department assigned
a subsidy rate for each producer/exporter subject to this
administrative review. If these preliminary results are adopted in the
final results of this review, 15 days after publication of the final
results of this review the Department intends to instruct U.S. Customs
and Border Protection (CBP) to liquidate shipments of subject
merchandise produced and/or exported by SRF and Jindal, entered or
withdrawn from warehouse, for consumption from January 1, 2012, through
December 31, 2012, at 2.08 percent ad valorem and 8.36 percent ad
valorem, respectively, of the entered value.
The Department intends also to instruct CBP to collect cash
deposits of estimated CVDs at the rate of 2.08 percent ad valorem and
8.36 percent ad valorem, respectively, of the entered value on
shipments of the subject merchandise produced and/or exported by SRF
and Jindal, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review.\4\
We intend to instruct CBP to continue to collect cash deposits for non-
reviewed companies at the applicable company-specific CVD rate for the
most recent period or all-others rate established in the investigation.
These cash deposit rates, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\4\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\5\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\6\ Rebuttal briefs must be limited to issues raised in the case
briefs.\7\ Parties who submit case or rebuttal briefs are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\8\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\7\ See 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and
[[Page 50618]]
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's IA ACCESS system.\9\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\10\ Parties should confirm by telephone the date,
time, and location of the hearing. Issues addressed at the hearing will
be limited to those raised in the briefs.\11\ All briefs and hearing
requests must be filed electronically and received successfully in
their entirety through IA ACCESS by 5:00 p.m. Eastern Time on the due
date.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 75l(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
These preliminary results of review are issued and published in
accordance with sections 75l(a)(l) and 777(i)(l) of the Act and 19 CFR
351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative Review
4. Subsidies Valuation
5. Analysis of Programs
[FR Doc. 2014-20154 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P