[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50620-50621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20155]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty (AD) order on
polyethylene terephthalate film, sheet, and strip (PET Film) from
India. The period of review (POR) is July 1, 2012, through June 30,
2013. This review covers respondents Jindal Poly Films Limited (Jindal)
and SRF Limited (SRF). The Department preliminarily determines that
Jindal did, and that SRF did not, make sales of subject merchandise at
prices below normal value (NV) during the POR. The preliminary results
are listed below in the section titled ``Preliminary Results of
Review.'' Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398; 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.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is polyethylene terephthalate
film, sheet, and strip. The PET Film subject to the order is currently
classifiable under subheading 3920.62.00.90 of the Harmonized Tariff
Schedule of the United States (HTSUS). The HTSUS subheading is provided
for convenience and customs purposes. A full description of the scope
of the order is contained in 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, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from India; 2012-2013
Administrative Review'' (Preliminary Decision Memorandum), which is
hereby adopted by this notice. The written description is dispositive.
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).
Access to 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 on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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
timely withdrew their requests for all companies except Jindal. On the
same date, SRF and Jindal timely withdrew their self-requested reviews.
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.
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\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,
Jindal and SRF self-requested administrative reviews.
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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 AD and the countervailing duty 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\
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\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).
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Because Petitioners', Polyplex USA's, and Flex USA's withdrawal
requests were timely filed, we are rescinding this administrative
review with respect to Polyplex, Garware, Ester, Uflex, MTZ, and
Vacmet, and proceeding with the review of Jindal and SRF.\3\
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\3\ See 19 CFR 351.213(d)(1).
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2012,
through June 30, 2013.
[[Page 50621]]
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Weighted-
Manufacturer/exporter average
margin (%)
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Jindal Poly Films Limited.................................. 1.57
SRF Limited................................................ 0.00
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Disclosure and Public Comment
The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\4\ Pursuant to 19 CFR
351.309(c), interested parties may submit cases briefs no later than 30
days after the date of publication of this notice.\5\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\6\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using IA ACCESS.\8\ In order to be
properly filed, IA ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time.
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\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(ii).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS, within 30 days after
the date of publication of this notice.\9\ Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs.
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\9\ See 19 CFR 351.310(c).
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The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act, unless that time is extended.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries in accordance with 19 CFR
351.212(b)(1). We intend to issue instructions to CBP 15 days after the
date of publication of the final results of this review.
If Jindal's or SRF's weighted-average dumping margins are not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review, we will calculate an importer-specific assessment rate on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of the sales
in accordance with 19 CFR 351.212(b)(1). Where the respondents'
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of PET Film from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, i.e., less than 0.5
percent, no cash deposit will be required); (2) for previously reviewed
or investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the less-than-fair-value investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review, the cash deposit rate will be the all others
rate for this proceeding, 5.71 percent. These deposit requirements,
when imposed, shall remain in effect until further notice.
Notification to Interested Parties
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Partial Rescission
4. Scope of the Order
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2014-20155 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P