[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6162-6163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02830]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Jindal 
Poly Films Limited made sales of subject merchandise at less than 
normal value, but that SRF Limited did not. The period of review (POR) 
is July 1, 2015, through June 30, 2016.
    Applicable Date: February 13, 2018.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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-
5255.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2017, the Department of Commerce (Commerce) published 
the Preliminary Results.\1\ For a history of events that have occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the internet at http://trade.gov/login.aspx. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2015-2016, 82 FR 36735 (August 7, 2017) 
(Preliminary Results).
    \2\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film from India; 2015-2016 Administrative 
Review'' (Issues and Decision Memorandum), dated concurrently with, 
and hereby adopted by, this notice.
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    Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 to January 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The deadline for the final results of this administrative review is now 
February 6, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The products covered by the AD order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and strip 
(PET Film), whether extruded or coextruded. 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 currently 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 AD order is dispositive.

Analysis of Comments Received

    All issues raised in the case brief and rebuttal briefs are 
addressed in the Issues and Decision Memorandum, which is attached to 
this notice as an Appendix.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made changes 
to SRF's and Jindal's calculations.\4\ SRF's margin is unchanged at 
zero percent, while the margin for Jindal is now 1.57 percent.
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    \4\ See Memoranda to Thomas Gilgunn, Program Manager ``Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Jindal Poly Films Limited, and ``Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: SRF Limited,'' both dated concurrently with these 
final results.
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Final Results of Review

    As a result of our review, we determine the following weighted-
average dumping margins exist for the period July 1, 2015, through June 
30, 2016.
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    \5\ The Initiation Notice also lists the company as Jindal Poly 
Films Ltd. (India). See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 81 FR 62720 (September 12, 2016) 
(Initiation Notice). As noted in the Preliminary Decision Memoranda, 
dated concurrently with the Federal Register notice, the Department 
has determined that Jindal Poly Films Limited of India is the same 
company as Jindal Poly Films Ltd. (India). See Polyethylene 
Terephthalate Film, Sheet, and Strip from India: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
2015-2016 82 FR 36735 (August 7, 2017).

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                  Producer or exporter                   dumping  margin
                                                            (percent)
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Jindal Poly Films Limited of India \5\.................            1.57
SRF Limited............................................            0.00
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding

[[Page 6163]]

within five days after the public announcement of the final results, in 
accordance with section 751(a) of the Act and 19 CFR 351.224(b).

Assessment Rates

    Commerce will determine, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to 
issue assessment instructions directly to CBP 15 days after publication 
of these final results of review. For Jindal, we will base the 
assessment rate for the corresponding entries on the margin listed 
above.
    For entries of subject merchandise produced by Jindal or SRF for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate established in the less-than fair-value (LTFV) 
investigation, 5.71 percent,\6\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\7\ Pursuant to 
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard 
to antidumping duties any entries produced and exported by SRF during 
the POR.
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    \6\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 
44175 (July 1, 2002) (Amended Final Determination).
    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Proceedings; Final 
Modification, 77 FR 8101, 8102 (February 14, 2012) (Final 
Modification).
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Cash Deposit Requirements

    The following cash 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 companies 
under review will be as follows 1.57 percent for merchandise exported 
by Jindal and zero percent for merchandise exported by SRF; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published in the completed segment for the most recent period for that 
company; (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 in 
the completed segment 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 other completed segment 
of this proceeding, then the cash deposit rate will be the all others 
rate of 5.71 percent, which is the all others rate established by 
Commerce in the LTFV investigation adjusted for the export subsidy rate 
in the countervailing duty investigation.\8\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \8\ See Amended Final Determination.
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Notification to Importers

    This notice serves as a final 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 doubled antidumping duties.

Notifications to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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 sanctionable 
violation.
    Commerce is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background Scope of the Order
III. Discussion of the Issues
    Comment 1: Whether To Grant Certain Post-Sale Price Adjustments 
to Jindal for the Final Results
    Comment 2: Whether To Grant Certain Post-Sale Price Adjustments 
to SRF for the Final Results
    Comment 3: Whether To Revise SRF's Program

[FR Doc. 2018-02830 Filed 2-12-18; 8:45 am]
 BILLING CODE 3510-DS-P