Notice2021-16420
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind in Part; 2019
Primary source
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Published
August 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to SRF Limited/SRF Limited of India (SRF), a producer and exporter of polyethylene terephthalate film, sheet, and strip (PET film) from India. The period of review is January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41450-41452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16420]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results of Countervailing Duty Administrative Review,
Rescission in Part, and Intent To Rescind in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to SRF Limited/SRF
Limited of India (SRF), a producer and exporter of polyethylene
terephthalate film, sheet, and strip (PET film) from India. The period
of review is January 1, 2019, through December 31, 2019. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 2, 2021.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Konrad
Ptaszynski, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1395
or (202) 482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published in the Federal Register the
countervailing duty (CVD) order on PET film from India.\1\ On September
3, 2020, Commerce published a notice of initiation of an administrative
review of the Order.\2\ On February 25, 2021, Commerce extended the
deadline for the preliminary results of this review to no later than
July 30, 2021.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
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\1\ See Countervailing Duty Order; Polyethylene Terephthalate
Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1,
2002) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2019,'' dated February
25, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Partial Rescission and Intent to Rescind in Part of the
Countervailing Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from India; 2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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[[Page 41451]]
Scope of the Order
The products covered by this Order are PET film from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
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\5\ Id.
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests from to MTZ Polyesters Ltd. (MTZ), Polyplex
Corporation Ltd. (Polyplex), and Uflex Ltd. (Uflex), pursuant to 19 CFR
351.213(d)(1). Because the withdrawal requests were timely filed, and
no other party requested a review of these companies, in accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the
Order with respect to MTZ, Polyplex, Uflex.
Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the review period.\7\ Therefore, for an
administrative review of a company to be conducted, there must be a
reviewable, suspended entry that Commerce can instruct U.S. Customs and
Border Protection (CBP) to liquidate at the calculated CVD assessment
rate calculated for the review period.\8\
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\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, except for the mandatory
respondent and its cross-owned companies, the companies subject to this
review did not have reviewable entries of subject merchandise during
the POR for which liquidation is suspended. Accordingly, in the absence
of reviewable, suspended entries of subject merchandise during the POR,
we intend to rescind this administrative review with respect to one
company, Vacmet India Ltd., in accordance with 19 CFR 351.213(d)(3).
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found to be countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\9\ 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.
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A list of topics discussed in the Preliminary Decision Memorandum
is included at the appendix to this notice. 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 (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Rate for Non-Selected Companies Under Review
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents. The
statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, none of
the rates for respondents were zero, de minimis, or based entirely on
facts available. For the companies for which a review was requested
that were not selected as mandatory company respondents, and for which
Commerce did not receive a timely request for withdrawal of review,
Commerce based the subsidy rate on the rate calculated for the sole
mandatory respondent.
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
determine the following net countervailable subsidy rates for the POR:
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\10\ SRF Limited is also known as SRF Limited of India.
\11\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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SRF Limited \10\........................................ 2.82
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Review-Specific Average Rate Applicable to the Following Companies \11\
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Ester Industries Limited................................ 2.82
Garware Polyester Ltd................................... 2.82
Jindal Polyester Ltd.................................... 2.82
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Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\12\ Interested parties may
submit written comments (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal comments (rebuttal briefs) within seven
days after the time limit for filing case briefs.\13\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. Parties who submit arguments 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.\14\ All briefs must be
filed electronically using ACCESS.
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) The
party's name, address,
[[Page 41452]]
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues addressed at the hearing will be
limited to those raised in the briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined.\15\
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\15\ See 19 CFR 351.310(c).
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\16\
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\16\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their briefs, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, CBP shall assess, countervailing duties on
all appropriate entries covered by this review. For the companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2019, through December 31, 2019, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown for each of the respondents listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, Commerce will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Non-Selected Rate
V. Intent to Rescind Administrative Review, in Part
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-16420 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 2, 2021.
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