Notice2024-17859
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 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
August 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India during the period of review (POR) received countervailable subsidies from January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review, in part, with respect to six companies. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65591-65593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17859]
-----------------------------------------------------------------------
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
Rescission of Review, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of polyethylene terephthalate film,
sheet, and strip (PET film) from India during the period of review
(POR) received countervailable subsidies from January 1, 2022, through
December 31, 2022. In addition, Commerce is rescinding the
[[Page 65592]]
review, in part, with respect to six companies. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith or Nicholas Czajkowski,
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 or (202)
482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published in the Federal Register the
countervailing duty order on PET film from India.\1\ On September 11,
2023, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On October 16,
2024, Commerce selected Polyplex Corporation, Ltd. (Polyplex) and SRF
Limited of India (SRF) for individual examination as the mandatory
respondents in this administrative review.\3\ On November 3 and 9,
2023, Polyplex and SRF withdrew their requests for a review
respectively.\4\ Therefore, on November 14, 2023, we selected Garware
Polyester Ltd. (Garware) and Jindal Poly Films Ltd. (Jindal) for
individual examination as mandatory respondents in this review.\5\ On
March 21, 2024, Commerce extended the deadline for the preliminary
results review until July 30, 2024.\6\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\7\ The deadline for the preliminary results is now August 6,
2024.
---------------------------------------------------------------------------
\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, 88 FR 62322 (September 11, 2023).
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
October 16, 2023.
\4\ See Polyplex's Letter, ``Withdrawal of Request for Review,''
dated November 3, 2023; see also SRF's Letter, ``Withdrawal of
Request for Countervailing Duty Admin Review,'' dated November 9,
2023.
\5\ See Memorandum, ``Second Respondent Selection,'' dated
November 14, 2023.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
21, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\8\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the 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="http://access.trade.gov">http://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>.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Administrative Review of the
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip from India; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is PET film. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find that there is a subsidy (i.e. , a financial contribution by an
``authority'' that gives rise to a benefit to the recipient, and that
the subsidy is specific).\10\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on adverse
facts available (AFA) pursuant to sections 776(a) and (b) of the Act,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Recission of Administrative Review, in Part
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 five companies, pursuant to 19 CFR
351.213(d)(1).\11\ 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 five companies.
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum at the section titled
``Partial Rescission of Administrative Review.''
---------------------------------------------------------------------------
Additionally, Commerce's practice is to rescind an administrative
review of a countervailing duty order, pursuant to 19 CFR
351.213(d)(3), when there are no reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\12\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the countervailing duty assessment rate
calculated for the review period.\13\ Therefore, for an administrative
review of a company to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the countervailing duty assessment
rate calculated for the review period.\14\
---------------------------------------------------------------------------
\12\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015,. 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 DE 14650 (April 11, 2019).
\13\ See 19 CFR 351.212(b)(2).
\14\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
On July 10, 2024, we issued a memorandum notifying parties of our
intent to rescind this administrative review with respect to Cosmo
First Ltd (Cosmo).\15\ We received no comments from interested parties
regarding our intention to rescind the review with respect to Cosmo.
Accordingly, in the absence of reviewable, suspended entries of subject
merchandise during the POR, we are rescinding this administrative
review, in accordance with 19 CFR351.213(d)(3). For a complete list of
companies for which we are rescinding this administrative review, see
Appendix II.
---------------------------------------------------------------------------
\15\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated July 10, 2024.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminary determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Garware Polyester Ltd................................... 4.96
Jindal Poly Films Limited............................... 104.18
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days
[[Page 65593]]
after the date of publication of this notice.\16\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs to Commerce no
later than 30 days after the date of publication of these preliminary
results of review.\17\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\18\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\19\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.224(b).
\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\19\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\21\
---------------------------------------------------------------------------
\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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 and 19 CFR 351.213(h)(1).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/exporters shown above. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), 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). Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this 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.
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.
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: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
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
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding on in This Administrative
Review
1. Ester Industries Ltd.
2. Polyplex Corporation, Ltd.
3. SRF Limited of India
4. Vacmet India Limited
5. Chiripal Poly Films Limited
6. Cosmo First Ltd., India
[FR Doc. 2024-17859 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.