Notice2022-26875
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From India: Final Results of Countervailing Duty Administrative Review; 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
December 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76024-76025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26875]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From
India: Final Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31, 2020.
DATES: Applicable December 12, 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
On August 9, 2022, Commerce published the preliminary results of
the 2020 administrative review of the countervailing duty order on PET
film from India in the Federal Register.\1\ This review covers a single
mandatory respondent, SRF Limited (SRF).\2\ We invited interested
parties to comment on the Preliminary Results.\3\ On September 1, 2022,
Jindal Poly Films Ltd. (Jindal) submitted a timely-filed case brief.\4\
No
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rebuttal comments were filed. Commerce conducted this review in
accordance with section 751(a) 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 of Countervailing Duty Administrative
Review, Recission in Part; 2020, 87 FR 48453 (August 9, 2022).
\2\ SRF Limited is also known as SRF Limited of India, SRF Ltd.,
and SRF Limited Packaging Films.
\3\ See Preliminary Results, 87 FR at 48454.
\4\ See Jindal's Letter, ``Case Brief,'' dated September 1, 2022
(Jindal's Case Brief).
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Scope of the Order \5\
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\5\ See Countervailing Duty Order: Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from India 67 FR 44179 (July 1,
2002) (Order).
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The products covered by the Order are CWP. A full description of
the scope of the Order is contained in the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip (PET film) from India; Issues and Decision Memorandum for
the Final Results of Antidumping Duty Administrative Review; 2020''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the brief submitted by Jindal in this
administrative review are addressed in the Issues and Decision
Memorandum and are listed 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 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 Issues and Decision Memorandum can be accessed at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
We made no changes to our calculations for the final results of
review. However, we corrected Jindal's listed name (Jindal Poly Films
Ltd.) that Commerce misidentified in the Preliminary Results published
in the Federal Register.\7\
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\7\ See Preliminary Results, 87 FR at 48454.
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Rate for Non-Examined Companies
In this review, the final rate calculated for SRF, the sole
mandatory respondent, was not zero, de minimis, or based entirely on
facts available. Therefore, consistent with section 705(c)(5)(A) of the
Act, 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 final subsidy rate on the final rate calculated for SRF.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates for the period January 1, 2020,
through December 31, 2020:
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Subsidy rate
Producer or exporter (percent ad
valorem)
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SRF Limited \8\......................................... 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 Poly Films Limited............................... 3.52
Polyplex USA............................................ 3.52
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Disclosure
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\8\ SRF Limited is also known as SRF Limited of India, SRF Ltd.,
and SRF Limited Packaging Films.
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Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review
within five days after public announcement of final results, or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register.\9\
However, because Commerce made no adjustments to the subsidy rate
calculation methodology used in the Preliminary Results, there are no
calculations to disclose for the final results of review.
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\9\ See 19 CFR 351.224(b).
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Assessment Rates
In accordance with section 751(a)(2)(C) 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 above-listed companies at the
applicable ad valorem assessment rates. 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).
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
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 6, 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
IV. Changes to the Preliminary Results
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of Comment
VIII. Recommendation
[FR Doc. 2022-26875 Filed 12-9-22; 8:45 am]
BILLING CODE 3510-DS-P
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