Notice2024-02181
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; Second Correction 2021-2022
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 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that SRF Limited/SRF Limited of India/SRF Limited Packaging Films (SRF) did not make sales of subject merchandise to the United States at less than normal value during the period of review (POR) July 1, 2021, through June 30, 2022. We will apply SRF's rate to Jindal Poly Films Ltd. (India) (Jindal) and Polyplex Corporation Ltd. (Polyplex) for these final results.
Full Text
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<title>Federal Register, Volume 89 Issue 24 (Monday, February 5, 2024)</title>
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[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7684-7686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02181]
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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; Second
Correction 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that SRF
Limited/SRF Limited of India/SRF Limited Packaging Films (SRF) did not
make sales of subject merchandise to the United States at less than
normal value during the period of review (POR) July 1, 2021, through
June 30, 2022. We will apply SRF's rate to Jindal Poly Films Ltd.
(India) (Jindal) and Polyplex Corporation Ltd. (Polyplex) for these
final results.
DATES: Applicable February 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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.
[[Page 7685]]
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce published the Preliminary Results and
invited interested parties to comment on those results.\1\ This review
originally covered eight respondents: SRF; Jindal; Ester Industries
Ltd.; Garware Polyester Ltd.; MTZ Polyesters, Ltd.; Polyplex; Uflex
Ltd.; and Vacmet India Limited (Vacmet). We rescinded the review for
six of these companies: Ester Industries Ltd.; Garware Polyester Ltd.;
MTZ Polyesters, Ltd.; Polyplex; Uflex Ltd.; and Vacmet. We erroneously
rescinded the review with respect to Polyplex, which we corrected in
the Preliminary Results Correction on November 24, 2023.\2\
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Reviews; 2021-2022, 88 FR 51298 (August 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Antidumping Duty Administrative Review
and Partial Rescission of Antidumping Duty Administrative Review;
2021-2022; Correction, 88 FR 82321 (November 24, 2023) (Preliminary
Results Correction); see also ``Analysis of Comments Received,''
below.
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On September 26, 2023, Commerce issued a second supplemental
questionnaire to SRF regarding sections B and C of the original
questionnaire.\3\ SRF submitted its response along with new home market
and U.S. sales datasets on October 16, 2023.\4\ We used these data sets
for the final results along with SRF's original cost data set,
submitted on February 9, 2023.\5\
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\3\ See Commerce's Letter, ``Second Supplemental
Questionnaire,'' dated September 26, 2023.
\4\ See SRF's Letter, ``Submission of 2nd Supplemental response
of Anti-Dumping Admin Review Questionnaire,'' dated October 16,
2023.
\5\ See SRF's Letter, ``Cost Data,'' dated February 9, 2023.
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On November 29, 2023, SRF submitted its response to the third
supplemental questionnaire \6\ in which Commerce requested further
clarifications about the company name.\7\ In its supplemental
questionnaire response, SRF stated that ``SRF Limited'' is the official
name of the company and that going forward, SRF Limited will use only
that name.\8\ In addition, SRF stated that ``SRF Limited'' is the
official name of the company while ``Packaging Film'' is one division
within the legal entity of SRF Limited.\9\ Given that SRF Limited may
have used all three of these names on subject merchandise, the company
has been reviewed as SRF Limited/SRF Limited of India/SRF Limited
Packaging Films.
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\6\ See SRF's Letter, ``Submission of 3rd Supplemental response
of Anti-Dumping Admin Review Questionnaire,'' dated November 29,
2023 (SRF 3rd SQR).
\7\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
November 22, 2023.
\8\ See SRF 3rd SQR at S3-1.
\9\ Id.
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Scope of the Order <SUP>10</SUP>
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\10\ 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 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 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 polyethylene terephthalate film, sheet, and
strip 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 the Order is dispositive.
Analysis of Comments Received
On August 31, 2023, Polyplex USA LLC (Polyplex USA) submitted a
letter in lieu of a case brief.\11\ In the letter, Polyplex USA
explained that although Commerce ``recognizes in the Preliminary
Determination {sic{time} {Results{time} that it `initiated a review
of eight companies,' it erroneously stat{e{time} s that the review
request for Polyplex was `timely withdrawn.' '' \12\ We agreed with
Polyplex USA and, on November 24, 2023, Commerce published a correction
notice.\13\ In the Correction to the Preliminary Results, we correctly
assigned SRF's rate of zero percent to Polyplex.
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\11\ See Polyplex USA's Letter, ``Polyplex USA LLC's Letter in
Lieu of Case Brief,'' dated August 31, 2023 (Polyplex USA's Letter).
\12\ See Polyplex USA's Letter at 2; see also Preliminary
Results at 51299.
\13\ See Preliminary Results Correction.
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Commerce received no comments on the Preliminary Results beyond the
request to amend the Preliminary Results to include a review of
Polyplex and apply the rate calculated for SRF. Moreover, the data SRF
submitted in its supplemental questionnaire responses did not change
the rate we calculated for SRF in the Preliminary Results, and we have
not otherwise modified our analysis. Thus, although we are issuing a
final calculation memorandum in these final results,\14\ no issues and
decision memorandum accompanies this Federal Register notice. We are
adopting the analysis contained in the Preliminary Results as the final
results of this review.
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\14\ See Memorandum, ``SRF's Final Analysis Memorandum,'' dated
concurrently with this Federal Register notice.
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Second Correction to Partial Rescission
In the Preliminary Results and Preliminary Results Correction, we
stated that we were rescinding the antidumping duty (AD) administrative
review with respect to Vacmet India instead of Vacmet India
Limited.\15\ With the publication of this notice, Commerce is
clarifying that we rescinded the AD administrative review with respect
to Vacmet India Limited.
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\15\ See Preliminary Results, 88 FR at 51299; see also
Preliminary Results Correction, 88 FR at 82321.
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Final Results of Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period July 1, 2021,
through June 30, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Jindal Poly Films Ltd....................................... 0.00
SRF Limited/SRF Limited of India/SRF Limited Packaging Films 0.00
Polyplex Corporation Ltd.................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.212(b)(1), Commerce has determined, and U.S.
Customs and Border Protection (CBP) shall assess, ADs on all
appropriate entries covered by this review. Because we calculated a
zero percent margin in the final results of this review for SRF and
assigned a zero percent rate to Jindal and Polyplex, in accordance with
19 CFR 351.212, we will instruct CBP to liquidate the appropriate
entries without regard to ADs.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of
[[Page 7686]]
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
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 SRF, Jindal, and Polyplex 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 less-than-fair-value (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.\16\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Order 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
(May 16, 2002) (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 also 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 ADs prior to liquidation of the relevant
entries during this review period. Failure to comply with this
requirement could result in the Commerce's presumption that
reimbursement of ADs occurred and the subsequent assessment of double
ADs.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or 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 or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
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 351.221(b)(5)
and 19 CFR 351.213(h)(2).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02181 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 5, 2024.
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