Notice2024-01714
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty 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
January 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to Jindal Poly Films Limited (Jindal), a producer and exporter of polyethylene terephthalate film, sheet, and strip (PET Film) from India, during the period of review (POR) January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 19 (Monday, January 29, 2024)</title>
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[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5490-5491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01714]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Final Results of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to Jindal Poly Films Limited
(Jindal), a producer and exporter of polyethylene terephthalate film,
sheet, and strip (PET Film) from India, during the period of review
(POR) January 1, 2021, through December 31, 2021.
DATES: Applicable January 29, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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) 482-4342.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ This review
covers one mandatory respondent, Jindal. For a complete description of
events that occurred subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Countervailing Duty Administrative
Review; 2020-2021, 88 FR 50834 (August 2, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memo (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip; 2021,'' dated concurrently
with this memorandum (Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the scope of the order is PET film. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in the appendix 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 directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence
[[Page 5491]]
on the record, there have been no changes made to our adverse facts
available (AFA) determination in the Preliminary Results. For a
discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted 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 find
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.\3\ Commerce notes that, in making these
findings, it relied, in part, on facts available and, because it finds
that the sole respondent did not act to the best of its ability to
respond to Commerce's requests for information, it drew an adverse
inference where appropriate in selecting from among the facts otherwise
available.\4\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, in part, on facts
otherwise available, including adverse facts available, pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
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\3\ 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.
\4\ See sections 776(a) and (b) of the Act.
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Final Results of Administrative Review
As a result of this review, we determine that the following net
countervailable subsidy rate exists for the period January 1, 2021,
through December 31, 2021:
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Subsidy rate
Company (percent ad
valorem)
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Jindal Poly Films Limited............................... 116.96
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Disclosure
Normally, Commerce discloses its calculations and analysis
performed in connection with the final 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 we are
applying total AFA in the calculation of the benefit for Jindal in
these final results, and the rate is unchanged from the rate assigned
in the Preliminary Results, there are no calculations to disclose.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amounts shown above
for the above-listed company 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, we will instruct CBP to 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, effective upon the
publication of these final results, shall remain in effect until
further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. 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).
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
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Discussion of the Issues
Comment 1: Whether Jindal Failed To Cooperate to the Best of Its
Ability
Comment 2: Whether Commerce Acted Arbitrarily in Applying
Adverse Facts Available (AFA) to Jindal
Comment 3: Whether the AFA Rate is Reasonable
Comment 4: Whether the Advanced Authorization Program (AAP) and
Duty Drawback (DDB) Schemes are Countervailable
VI. Recommendation
[FR Doc. 2024-01714 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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