Notice2023-16464
[C-533-825] HEADPolyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Administrative Review; 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
August 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain producers and exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India during the period of review (POR) January 1, 2021, through December 31, 2021. We are rescinding this review with respect to seven companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50834-50836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16464]
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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
Partial Rescission of Administrative Review; 2021
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 certain
producers and exporters of polyethylene terephthalate film, sheet, and
strip (PET film) from India during the period of review (POR) January
1, 2021, through December 31, 2021. We are rescinding this review with
respect to seven companies. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.
Background
On July 1, 2002, Commerce published in the Federal Register the
countervailing duty (CVD) order on PET film from India.\1\ On September
6, 2022, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order with respect to
eight companies.\2\ On October 27, 2022, Commerce selected SRF Ltd.
(SRF) as the sole mandatory respondent.\3\ Between December 2 and 5,
2022, DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester
Film Division, and SK Microworks America, Inc. (collectively, the
petitioners), Polyplex Corporation Ltd., and SRF withdrew their
requests for review regarding all companies, except Jindal Poly Films
Limited (Jindal).\4\ Therefore, on December 9, 2022, we selected Jindal
as the sole mandatory respondent.\5\ On December 12, 2022, we reissued
the initial questionnaire to the Government of India.\6\ Subsequently,
Jindal failed to provide a timely response to the affiliated companies
portion of section III of the initial questionnaire by the December 26,
2022 deadline.\7\ Pursuant to section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce extended the deadline for the
preliminary results of this administrative review to July 28, 2023.\8\
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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, 87 FR 54463 (September 6, 2022).
\3\ See Memorandum, ``Respondent Selection,'' dated October 27,
2022.
\4\ See Polyplex's Letter, ``Withdrawal of Request for Review
for Polyplex USA LLC,'' dated December 2, 2022 (Polyplex Withdrawal
Request); SRF's Letter, ``Withdrawal of Request for Countervailing
Duty Admin Review of SRF,'' dated December 5, 2022 (SRF Withdrawal
Request); and Petitioners' Letter, ``Withdrawal of Request for
Countervailing Duty Administrative Review,'' dated December 5, 2022
(Petitioners Withdrawal Request).
\5\ See Memorandum, ``Intent to Rescind Review, in Part, and
Company Subject to Individual Examination,'' dated December 9, 2022.
\6\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated December 12, 2022 (Initial Questionnaire).
\7\ Id.
\8\ See Memoranda, ``Extension of Deadline for Preliminary
Results,'' dated March 28, 2023; and ``Second Extension of Deadline
for Preliminary Results,'' dated May 17, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip (PET film) from India,'' 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, see the Preliminary Decision
Memorandum.\10\
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\10\ Id. at 3.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Act. For each of the subsidy programs found to be
countervailable, we preliminarily determine that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\11\ For a
full description of the methodology underlying our conclusions,
including our reliance on adverse facts available pursuant to sections
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
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\11\ 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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[[Page 50835]]
Partial Rescission of Administrative Review
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 with respect to the following seven companies: (1)
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) Vacmet India
Ltd.; (4) MTZ Polyesters Ltd.; (5) Uflex Ltd.; (6) SRF; and (7)
Polyplex.\12\ Because the withdrawal requests were timely filed, and no
other parties 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 the seven companies noted above.
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\12\ See Polyplex Withdrawal Request; SRF Withdrawal Request;
and Petitioners Withdrawal Request.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following estimated countervailable subsidy rates exist for the period
January 1, 2021, through December 31, 2021:
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Subsidy rate
Company 2021 (percent
ad valorem)
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Jindal Poly Films Limited.............................. 116.96
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Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct U.S. Customs and Border
Protection (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. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
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. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend 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).
For the companies for which this review is rescinded with these
preliminary results, 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, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure
Normally, Commerce discloses its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of its public announcement, or if there is no
public announcement, within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b). However, because
Commerce preliminarily applied total adverse facts available (AFA) in
the calculation of the benefit for Jindal, and the applied AFA rates
are based on rates calculated in prior segments of the proceeding,
there are no calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\13\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\14\ Parties who submit case or
rebuttal briefs in this administrative review 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.\15\ Case and rebuttal
briefs must be filed using ACCESS.\16\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ See 19 CFR 351.303.
\17\ See 19 CFR 351.309; 19 CFR 351.303 (for general filing
requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 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. If a request for a hearing is made, parties
will be notified of the date and time for the hearing to be determined.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
[[Page 50836]]
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding on in This Administrative
Review
1. Ester Industries Ltd.
2. Garware Polyester Ltd.
3. Vacmet India Ltd.
4. MTZ Polyesters Ltd.
5. Uflex Ltd.
6. SRF Ltd.
7. Polyplex Corporation Ltd.
[FR Doc. 2023-16464 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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