Notice2022-01960
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results 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
February 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 4, 2021, the Department of Commerce (Commerce) published the preliminary results of the 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. We received no comments or requests for a hearing. We continue to find that sales of subject merchandise by Jindal Poly Films Limited (Jindal) and SRF Limited of India (SRF) were not made at less than normal value 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 5461-5462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01960]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 4, 2021, the Department of Commerce (Commerce)
published the preliminary results of the 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. We received no comments or requests for a
hearing. We continue to find that sales of subject merchandise by
Jindal Poly Films Limited (Jindal) and SRF Limited of India (SRF) were
not made at less than normal value during the POR.
DATES: Applicable February 1, 2022.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5255.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2021, Commerce published the preliminary results for
this administrative review.\1\ In the Preliminary Results, we invited
interested parties to comment within 30 days. The petitioners \2\ also
requested an extension of the briefing schedule on August 25, 2021.\3\
Commerce issued a memorandum to all interested parties on August 27,
2021, which granted the petitioners' request and stated that we would
reset the deadlines to submit case briefs on a later date.\4\ On
September 1, 2021, we issued a supplemental questionnaire to SRF.\5\ On
September 10, 2021, we issued a supplemental questionnaire to
Jindal.\6\ On September 16, 2021, SRF submitted its response to our
supplemental questionnaire.\7\ On September 24, 2021, Jindal submitted
its response to our supplemental questionnaire.\8\ On November 18,
2021, Commerce extended these final results and then on November 23,
2021, Commerce established the revised deadlines for the briefing
schedule.\9\ No interested party submitted comments or requested a
hearing in this administrative review. The current deadline for these
final results is January 28, 2022. Commerce conducted this
administrative review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2019-2020, 86 FR 41949 (August 4, 2021)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ The petitioners are DuPont Teijin Films; Mitsubishi
Polyester Film, Inc.; and SKC, Inc.
\3\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET)
Film, Sheet, and Strip from India: Request for Extension of Briefing
Schedule,'' dated August 25, 2021.
\4\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Polyethylene Terephthalate (PET) Film, Sheet, and Strip
from India,'' dated August 27, 2021.
\5\ See Commerce's Letter, ``2019-2020 Administrative Review of
the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from India: Supplemental Questionnaire,'' dated
September 1, 2021.
\6\ See Commerce's Letter, ``2019-2020 Administrative Review of
the Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from India: Supplemental Questionnaire,'' dated
September 10, 2021.
\7\ See SRF's Letter, ``Polyethylene Terephthalate (PET) Film
from India: Submission of 1st Supplemental Response of Anti-dumping
Admin Review Questionnaire,'' dated September 16, 2021 (SRF's
September 16, 2021 SQR).
\8\ See Jindal's Letter, ``2019-2020 Administrative Review of
the Ani-Dumping Duty Order on Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from India: Supplemental Questionnaire
Response,'' dated September 24, 2021.
\9\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip (PET Film) from India--Briefing,'' dated November 18,
2021.
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Scope of the Order <SUP>10</SUP>
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\10\ See Notice of Amended Final 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) (Order).
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The products covered by the Order are all gauges of raw,
pretreated, or primed PET film, whether extruded or coextruded.
Excluded are metalized 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 polyethylene terephthalate film, sheet, and
strip 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 Order is dispositive.
Changes Since the Preliminary Results
As noted above, Commerce received no comments concerning the
Preliminary Results. Jindal submitted corrected information for a
movement charge, which had been inadvertently omitted in its prior
filings.\11\ Also, in response to instructions from Commerce, Jindal
separated information for discounts and rebates that were grouped
together.\12\ We incorporated these corrections and updated information
into these final results; we continue to find that sales of subject
merchandise by Jindal were not made at less than normal value during
the POR. SRF submitted corrected information for its quantity discount
as explained in its supplemental questionnaire.\13\ We also
incorporated the corrections and updated information into these final
results; we also continue to find that sales of subject merchandise
made by SRF were not made at less than normal value during the POR.
Accordingly, no decision memorandum accompanies this Federal Register
notice. For further details of the issues addressed in this proceeding,
see the Preliminary Results and the accompanying Preliminary Decision
Memorandum.\14\
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\11\ See Memorandum, ``Jindal's Final Analysis Memorandum,''
dated concurrently with the signature of this Federal Register
notice.
\12\ See Jindal's Letter, ``2019-2020 Administrative Review of
the Ani-Dumping Duty Order on Polyethylene Terephthalate Film, Sheet
and Strip (PET Film) from India: Supplemental Questionnaire
Response,'' dated September 24, 2021.
\13\ See SRF's September 16, 2021 SQR at 7-8. See also
Memorandum, ``SRF's Final Analysis Memorandum,'' dated concurrently
with the signature of this Federal Register notice.
\14\ See Preliminary Results PDM.
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Final Results of Review
The final weighted-average dumping margins for the period July 1,
2019, through June 30, 2020, are as shown below:
[[Page 5462]]
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Weighted-average
Manufacturer/exporter margin (percent)
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Jindal Poly Films Ltd.............................. 0.00
SRF Limited of India............................... 0.00
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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). Because we calculated
a zero margin in the final results of this review for both Jindal and
SRF, in accordance with 19 CFR 351.212, we will instruct CBP to
liquidate the appropriate entries without regard to dumping duties.
Commerce intends to issue appropriate assessment instructions
directly to CBP no earlier than 35 days after the date of publication
of the final results of this administrative review. 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 cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for Jindal and SRF will both be zero, the rate established in the
final results of this review; (2) for previously reviewed or
investigated companies not covered in this review, 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
or any previous review or in the original less-than-fair-value (LTFV)
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 or the investigation,
the cash-deposit rate will continue to be the all-others rate of 5.71
percent, which is the all-others rate established by Commerce in the
LTFV investigation.\15\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\15\ See Order; see also Final Determination of Sales at Less
Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip
(PET Film) from India, 67 FR 34899 (May 16, 2002).
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Reimbursement of Duties
This notice also 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 double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 violation, which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i)(1) of the Act and
19 CFR 351.221(b)(5).
Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-01960 Filed 1-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 1, 2022.
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