Notice2023-02189
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
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 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 5, 2022, the U.S. Department of Commerce (Commerce) published the preliminary results of the 2020-2021 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 Ltd. (Jindal) and SRF Limited (SRF). We continue to find that mandatory respondent SRF did not make sales of subject merchandise to the United States at less than normal value during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 22 (Thursday, February 2, 2023)</title>
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[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7069-7071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02189]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 5, 2022, the U.S. Department of Commerce (Commerce)
published the preliminary results of the 2020-2021 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 Ltd.
(Jindal) and SRF Limited (SRF). We continue to find that mandatory
respondent SRF did not make sales of subject merchandise to the United
States at less than normal value during the POR.
DATES: Applicable February 2, 2023.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or 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
or (202) 482-0981, respectively.
Background
On August 5, 2022, Commerce published the Preliminary Results for
this administrative review.\1\ On September 6, 2022, we issued a
supplemental questionnaire to SRF related to its response to sections A
through C of Commerce's initial questionnaire.\2\ SRF timely submitted
its response to this supplemental questionnaire on September 29,
2022.\3\ We made no changes to the Preliminary Results except for the
use of an updated dataset provided by SRF which did not change the
calculated margin as explained further below.
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Duty Review; 2020-2021, 87 FR 47968 (August 5,
2022) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
September 6, 2022.
\3\ See SRF's Letter, ``Submission of 2nd Supplemental
Response,'' dated September 29, 2022.
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On October 25, 2022, Commerce revised the deadlines for the
briefing schedule.\4\ We invited interested parties to comment on the
Preliminary Results; however, no interested party submitted comments.
On November 14, 2022, we extended the final results of the review until
February 1, 2023.\5\ 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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\4\ See Memorandum, ``Briefing Schedule,'' dated October 25,
2022.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 14, 2022.
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Scope of the Order <SUP>6</SUP>
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\6\ 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 (PET Film) 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
[[Page 7070]]
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 PET film 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 Order is dispositive.
Changes Since the Preliminary Results
As noted above, Commerce received no comments concerning the
Preliminary Results. On September 29, 2022, SRF submitted new home
market sales data with updated quantity discount information
(REBATE1H). We used the new sales information with the updated data but
made no other changes or updates to the calculations for the final
results, and the margin calculated in the Preliminary Results did not
change as a result of the updated data.\7\ Accordingly, no decision
memorandum accompanies this Federal Register notice.
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\7\ For further details, see Memorandum, ``Analysis Memorandum
for the Final Results of the Antidumping Duty Administrative Review
of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF
Ltd.,'' dated concurrently with this notice.
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Company Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 examined, excluding any margins that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. 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 calculated a weighted-average
dumping margin for SRF, the sole mandatory respondent, that is zero.
Thus, consistent with section 735(c)(5)(B) of the Act, we are assigning
to the one company not selected for individual examination, Jindal, the
zero percent rate calculated for the mandatory respondent, SRF.
Final Results of Review
As noted above, Commerce received no comments concerning the
Preliminary Results. We continue to find that sales of subject
merchandise by SRF were not made at less than normal value during the
POR. The final weighted-average dumping margins for the period July 1,
2020, through June 30, 2021, for both Jindal and SRF are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Jindal Poly Films Ltd....................................... 0.00
SRF Limited................................................. 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 percent margin in the final results of this review for Jindal
and SRF, in accordance with 19 CFR 351.212 we will instruct CBP to
liquidate the appropriate entries without regard to antidumping 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 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 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 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 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 LTFV 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.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\8\ See Order, 67 FR at 44176 (showing the dumping margin
computed for all other producers/exporters 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 (showing an adjustment of 18.43 percent for export
subsidies found in the companion countervailing duty investigation).
The cash deposit rate for all other exporters is the net of these
figures (i.e., 5.71 percent).
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Notification to Importers
This notice 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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or
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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
These results are being issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02189 Filed 2-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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