Notice2021-16620
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India. The period of review (POR) is July 1, 2019, through June 30, 2020. This review covers Jindal Poly Films Ltd. (Jindal) and SRF Limited of India (SRF), producers and exporters of PET film from India. Commerce preliminarily determines that Jindal and SRF did not make sales of subject merchandise below normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41949-41950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16620]
[[Page 41949]]
=======================================================================
-----------------------------------------------------------------------
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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (PET film) from India. The period
of review (POR) is July 1, 2019, through June 30, 2020. This review
covers Jindal Poly Films Ltd. (Jindal) and SRF Limited of India (SRF),
producers and exporters of PET film from India. Commerce preliminarily
determines that Jindal and SRF did not make sales of subject
merchandise below normal value during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255; AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2020, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on PET film from India, for the period July 1,
2019, through June 30, 2020.\1\ Subsequently, on September 3, 2020, in
accordance with 19 CFR 351.222(c)(1)(i), Commerce published a notice of
initiation of an administrative review of the antidumping duty order on
PET film from India.\2\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 39531 (July 1, 2020).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 September 3, 2020 (Initiation
Notice).
---------------------------------------------------------------------------
On March 30, 2021, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2),
Commerce extended the due date for the preliminary results by 60 days
(from April 2, 2021 to July 1, 2021).\3\ On June 17, 2021, we extended
the deadline by an additional 28 days.\4\ The current deadline is July
29, 2021.
---------------------------------------------------------------------------
\3\ See Memorandum ``Polyethylene Terephthalate (PET) Film,
Sheet and Strip from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review--2019-2020,''
dated March 30, 2021.
\4\ See Memorandum ``Polyethylene Terephthalate (PET) Film,
Sheet and Strip from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review--2019-2020,''
dated June 17, 2021.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included as an
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/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Notice of Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping Duty Order:
Polyethylene Film, Sheet and Strip from India, 67 FR 44176 (July 1,
2002) (Order).
---------------------------------------------------------------------------
The products covered by this Order are all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet, and
strip, 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 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
Commerce initiated a review of eight separate companies in this
proceeding.\6\ We are rescinding this administrative review with
respect to six of these companies: (1) Ester Industries Ltd. (Ester);
(2) Garware Polyester Ltd. (Garware); (3) MTZ Polyesters Ltd. (MTZ);
(4) Polyplex Corporation (Polyplex); (5) Uflex Ltd. (Uflex); and (6)
Vacmet India Ltd. (Vacmet), pursuant to 19 CFR 351.213(d)(1), because
all review requests of these companies were timely withdrawn.
Accordingly, the companies that remain subject to the instant review
are Jindal Poly Films Ltd. (Jindal) and SRF Limited of India (SRF).\7\
---------------------------------------------------------------------------
\6\ See Initiation Notice. As noted above, SRF Ltd. is the same
company as SRF Limited of India.
\7\ SRF Limited and SRF Limited of India are the same company.
See SRF's Letter, ``Polyethylene Terephthalate (PET) Film, Sheet and
Strip from India/SRF Limited/Comments on U.S. Customs and Border
Protection (CBP) Data Release,'' dated November 30, 2020. SRF states
that ``{t{time} here is only one SRF producing the subject
merchandise . . . SRF Limited.'' For purposes of this review, when
we refer to SRF Limited, we will use the formal name, SRF Limited of
India.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2019,
through June 30, 2020.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd....................................... 0.00
SRF Limited of India........................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to
19 CFR 351.309(c), interested parties may submit case briefs not later
than 30 days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than seven days after the date for filing case briefs.\8\ 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
[[Page 41950]]
summary of the argument; and (3) a table of authorities.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)''); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\9\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Acting
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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. Commerce
intends to 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, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. CBP shall assess, antidumping duties on all
appropriate entries. If a respondent's weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates on the basis of the ratio of the total amount of
dumping calculated for an importer's examined sales and the total
entered value of those same sales, in accordance with 19 CFR
351.212(b)(1).\10\ Where an importer-specific ad valorem assessment
rate is zero or de minimis in the final results of the review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\11\
---------------------------------------------------------------------------
\10\ Where Commerce has calculated export subsidies in a
companion countervailing duty order administrative review, we have
made an adjustment based on the most recently completed review. See
Polyethylene Terephthalate Film Sheet and Strip from India: Final
Results of Countervailing Duty Administrative Review; 2017, 85 FR
14463 (March 12, 2020).
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP 35 days
after the date of publication of the final results of this
administrative 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
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, 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) the cash deposit rate for all
other manufacturers or exporters is 5.71 percent.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\12\ Order.
---------------------------------------------------------------------------
Notification to Importers
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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 29, 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. Scope of the Order
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-16620 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 4, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.