Notice2022-17020
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review, and Rescission, in Part; 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 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to SRF Limited (SRF), a producer and exporter of polyethylene terephthalate film, sheet, and strip (PET film) from India. The period of review is January 1, 2020, through December 31, 2020. In addition, we are rescinding the review with respect to three companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 152 (Tuesday, August 9, 2022)</title>
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[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48453-48455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17020]
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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, and
Rescission, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to SRF
Limited (SRF), a producer and exporter of polyethylene terephthalate
film, sheet, and strip (PET film) from India. The period of review is
January 1, 2020, through December 31, 2020. In addition, we are
rescinding the review with respect to three companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 9, 2022.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani 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) 482-0198
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
7, 2021, Commerce published a notice of initiation of an administrative
review of the Order.\2\ On March 30, 2022, Commerce extended the
deadline for the preliminary results of this review to no later than
July 29, 2022.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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, 86 FR 50034 (September 7, 2021) as corrected
by Initiation of Antidumping and Countervailing Duty Administrative
Review, 86 FR 555572 (October 6, 2021) and Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 86 FR 57808 (October
18, 2021).
\3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,'' dated March 30,
2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review: Polyethylene Terephthalate Film, Sheet, and
Strip from India; 2020,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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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,
[[Page 48454]]
see the Preliminary Decision Memorandum.\5\
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\5\ Id. at 3.
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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.\6\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\6\ 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
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 for MTZ Polyesters Ltd. (MTZ), Uflex Ltd. (Uflex),
and Vacmet India Ltd. (Vacmet). 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, Uflex, and Vacmet.
Preliminary Rate for Non-Selected Companies Under Review
There are four 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, the
preliminary rate calculated for SRF, the sole mandatory respondent, was
not zero, de minimis, or based entirely on facts available. Therefore,
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 preliminary subsidy rate on the preliminary rate calculated for
SRF.
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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Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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SRF Limited \7\......................................... 3.52
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Review-Specific Average Rate Applicable to the Following Companies
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Ester Industries Limited................................ 3.52
Garware Polyester Ltd................................... 3.52
Jindal Polyester Ltd.................................... 3.52
Polyplex USA............................................ 3.52
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Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed for these preliminary results within five days of publication
of these preliminary results.\8\ Pursuant to 19 CFR 351.309(c),
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.\9\ 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.\10\ All briefs must be filed electronically using ACCESS
\11\ and must be served on interested parties.\12\
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\7\ SRF Limited is also known as SRF Limited of India, SRF Ltd.,
and SRF Limited Packaging Films.
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); 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\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
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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, 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.\13\
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\13\ 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. Commerce has temporarily modified certain
of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\14\ See Temporary Rule.
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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
[[Page 48455]]
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, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries covered
by this review. For the companies for which this review is rescinded,
we 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, 2020, through December 31,
2020, 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, CBP will 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 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. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-17020 Filed 8-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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