Notice2022-01959
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2019
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
February 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines certain producers/exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India received countervailable subsidies during the period of review (POR), January 1, 2019, through December 31, 2019. Additionally, we are rescinding the review for one company with no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
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[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5464-5466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01959]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip from India:
Final Results of Countervailing Duty Administrative Review and
Rescission, in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines certain
producers/exporters of polyethylene terephthalate film, sheet, and
strip (PET film) from India received countervailable subsidies during
the period of review (POR), January 1, 2019, through December 31, 2019.
Additionally, we are rescinding the review for one company with no
shipments of subject merchandise to the United States during the POR.
DATES: Applicable February 1, 2022.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Richard
Roberts, 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) 482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on August
2, 2021, and invited comments from interested parties.\1\ On November
1, 2021, Commerce extended the deadline for the final results of this
review until January 28, 2022.\2\
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\1\ See 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; 86
FR 41450 (August 8, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2019,'' dated November 1,
2021.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Results of the Countervailing Duty Administrative Review; 2019:
Polyethylene Terephthalate Film, Sheet, and Strip from India,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the 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 from India. For a complete description
of the scope of this order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of these issues is provided in Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and CVD
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://
[[Page 5465]]
access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties, we revised
the calculation of the net countervailable subsidy rates for all
companies. For a discussion of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this 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 countervailable, we 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.\4\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\4\ 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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Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty 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.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ 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 countervailing duty assessment rate calculated for the
review period.\7\
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\5\ 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).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, one company subject to this
review, Vacmet India Limited, did not have reviewable entries of
subject merchandise during the POR for which liquidation is suspended.
Because there is no evidence on the record of this segment of the
proceeding to indicate that this company had entries, exports, or sales
of subject merchandise to the United States during the POR, we are
rescinding the administrative review with respect to this company
consistent with 19 CFR 351.213(d)(3).
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. For
these companies, because the rates calculated for the sole mandatory
respondent, SRF, was above de minimis and not based entirely on facts
available, we are applying to the non-selected companies SRF's rate.
This methodology to establish the all-others subsidy rate is consistent
with our practice and section 705(c)(5)(A) of the Act, which governs
the calculation of the all-others rate in investigations.
Final Results of Review
We determine the following net countervailable subsidy rate for the
POR January 1, 2019, through December 31, 2019:
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Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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SRF Limited \8\......................................... 5.39
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Review-Specific Average Rate Applicable to the Following Companies \9\
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Ester Industries Limited................................ 5.39
Garware Polyester Ltd................................... 5.39
Jindal Poly Films Ltd \10\.............................. 5.39
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results of review within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b).
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\8\ SRF Limited is also known as SRF Limited of India.
\9\ This rate is based on the rate for the respondent that was
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.
\10\ This company is also known as Jindal Poly Films Ltd.
(India). This company was incorrectly identified in the Preliminary
Results as Jindal Polyester Ltd. The name has been corrected in
these final results.
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Assessment
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after 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).
With respect to the company for which this administrative review is
rescinded (i.e., Vacmet India Limited), countervailing duties shall be
assessed at rates equal to the cash deposit rate 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)(1)(i).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
[[Page 5466]]
Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order Information
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether Commerce Correctly Calculated SRF's Benefits
Received for the Special Economic Zones (SEZ) Program
Comment 2: Whether Commerce Used the Correct Denominator to
Calculate Benefits for the SEZ Program
VII. Recommendation
[FR Doc. 2022-01959 Filed 1-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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