Notice2022-16827
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
August 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through June 30, 2021. This review covers two producers and exporters of PET film from India, Jindal Poly Films (Jindal) and SRF Limited (SRF). We preliminarily determine that neither company made sales of subject merchandise below normal value (NV) during the POR. We are also rescinding the review with respect to six companies because all requests for review for these companies have been withdrawn. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 150 (Friday, August 5, 2022)</title>
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[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47968-47970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16827]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through June 30, 2021. This review
covers two producers and exporters of PET film from India, Jindal Poly
Films (Jindal) and SRF Limited (SRF). We preliminarily determine that
neither company made sales of subject merchandise below normal value
(NV) during the POR. We are also rescinding the review with respect to
six companies because all requests for review for these companies have
been withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith and Jacob Saude,
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
and (202) 482-0981, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published the antidumping duty order on
PET film from India.\1\ On September 7, 2021, based on timely requests
for a review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order, covering eight
companies.\2\
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\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
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On June 27, 2022, 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 to July 29,
2022.\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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\3\ See Memorandum, ``Polyethylene terephthalate (PET) film,
sheet, and strip from India: Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review (2020-
2021),'' dated June 27, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review: Polyethylene Terephthalate Film, Sheet, and Strip from
India; 2020-2021'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is PET film. The PET film
subject to the Order is currently classifiable under subheading
3920.62.00.90 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS number is provided for convenience and for
customs purposes, the written product description, remains dispositive.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
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\5\ Id.
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Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this proceeding.
We are rescinding this administrative review with respect to six of
these companies: (1) Ester Industries Ltd.; (2) Garware Polyester Ltd.;
(3) MTZ Polyesters Ltd.; (4) Polyplex Corporation; (5) Uflex Ltd.; and
(6) Vacmet India, pursuant to 19 CFR351.213(d)(1), because all review
requests for these companies were timely withdrawn.\6\ Accordingly, the
companies that remain subject to the instant review are Jindal and
SRF.\7\
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\6\ Id. at ``Partial Rescission of Administrative Review.''
\7\ In the Initiation Notice, we initiated a review with respect
to SRF Ltd., which is also known as SRF Limited of India and SRF
Limited. See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission of Antidumping Duty Administrative Review;
2019-2020 86 FR 41949 (August 4, 2021), at footnote 7, unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final
Results of Antidumping Duty Administrative Review; 2019-2020 87 FR
5461 (February 1, 2022).
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[[Page 47969]]
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price has been calculated in accordance with
section 772 of the Act. NV has been calculated in accordance with
section 773 of the Act.
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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Company Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' However,
where the dumping margins for individually examined respondents are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we have preliminarily calculated a weighted-average
dumping margin for SRF, the sole mandatory respondent, that is zero.
Accordingly, Commerce preliminarily has assigned to Jindal, the company
not individually examined, a margin of 0.00 percent.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins for the period July 1,
2020, through June 30, 2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Jindal Poly Films Ltd....................................... 0.00
SRF Limited \8\............................................. 0.00
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Disclosure and Public Comment
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\8\ As noted above, SRF Limited is also known as SRF Limited of
India and SRF Ltd.
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Commerce intends to disclose its calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice, 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.\9\ 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 summary of the
argument; and (3) a table of authorities.\10\ Executive summaries
should be limited to five pages total, including footnotes.\11\ Case
and rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\12\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\13\
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\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ Id.
\12\ See 19 CFR 351.303.
\13\ See Temporary Rule.
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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 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
5:00 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. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If a SRF'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 its importer's examined
sales and the total entered value of such sales, in accordance with 19
CFR 351.212(b)(1). Where either the SRF's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
For entries of subject merchandise during the POR produced by SRF
for which SRF did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate such unreviewed entries
pursuant to the reseller policy, i.e., the assessment rate for such
entries will be equal to the all-others rate established at the less-
than-fair value investigation (i.e., 5.71 percent ad valorem),\14\ if
there is no rate for the intermediate company(ies) involved in the
transaction.
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\14\ See Order, 67 at 44176 (showing the dumping margin computed
for ``all others'' as 24.14 percent); and Notice of Final
Determination of Sales at Less Than Fair Value: Polyethylene
Terephthalate Film, Sheet, and Strip from India, 67 FR 34899, 34901
(Final Determination) (showing an adjustment of 18.43 percent for
export subsidies found in the companion CVD investigation). The cash
deposit rate for all other exporters is the net of these figures
(i.e., 5.71 percent).
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[[Page 47970]]
For Jindal, which was not selected for individual examination, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. For the companies
for which this review is rescinded, antidumping duties shall be
assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period July 1, 2020, through June 30, 2021, in
accordance with 19 CFR 351.212(c)(1)(i).\15\
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\15\ The companies for which this review is rescinded are: (1)
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) MTZ
Polyesters Ltd.; (4) Polyplex Corporation; Uflex Ltd.; and (6)
Vacmet India.
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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 rates for the companies
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 recently-completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair value investigation, but the producer is, the cash deposit rate
will be the rate established for the most recently-completed segment of
this proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters is 5.71 percent.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\16\ See Order, 67 FR at 44176; and Final Determination, 67 FR
at 34901.
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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 Commerce'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 351.213(h)(1).
Dated: July 29, 2022.
Lisa W. Wang,
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. Company Not Selected for Individual Examination
V. Scope of the Order
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2022-16827 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 5, 2022.
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