Notice2024-17998
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Antidumping Duty Administrative Review, and Rescission of Review, in Part; 2022-2023
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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2022, through June 30, 2023. We are also rescinding the review with respect to certain companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65845-65848]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17998]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results of Antidumping Duty Administrative Review, and
Rescission of Review, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters subject to this
administrative review made sales of subject merchandise at less than
normal value during the period of review (POR) July 1, 2022, through
June 30, 2023. We are also rescinding the review with respect to
certain companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 13, 2024.
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.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published the antidumping duty order on
polyethylene terepthalate film, sheet, and strip (PET film) from
India.\1\
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\1\ 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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On September 11, 2023, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce initiated an administrative review of Cosmo First Ltd. India
(Cosmo First), Chiripal Poly Films Limited (Chiripal), Ester Industries
Ltd. (Ester), Garware Polyester Ltd. (Garware Polyester),\2\ Jindal
Poly Films Ltd., Jindal Poly Films Ltd. (India); Jindal Poly Films,
Polyplex
[[Page 65846]]
Corporation Ltd. (Polyplex), SRF Ltd./SRF Limited of India/SRF Limited
Packaging Films (SRF),\3\ and Vacmet India Limited (Vacmet India).\4\
Commerce selected Jindal and SRF for individual examination as
mandatory respondents.\5\ 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 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.
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\2\ On May 21, 2024, Commerce published its final results of the
changed circumstances review (CCR) for Garware Polyester, in which
we found that Garware Hi-Tech Films Limited (Garware Hi-Tech) is the
successor-in-interest to Garware Polyester. See Polyethylene
Terephthalate Film, Sheet, and Strip from India: Final Results of
Antidumping Duty Changed Circumstances Review, 89 FR 44638 (May 21,
2024). Because the effective date of the CCR was after the POR of
this administrative review, Commerce has continued to refer to the
company as Garware Polyester in this review.
\3\ Commerce erroneously excluded ``SRF Limited Packaging
Films'' as an additional name attributed to SRF in the initiation
notice. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice). In the last administrative review, Commerce found, based on
information provided by SRF, that SRF is most appropriately reviewed
as SRF Limited/SRF Limited of India/SRF Limited Packaging Films. See
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final
Results of Antidumping Duty Administrative Review; Second Correction
2021-2022, 89 FR 7684, 7685 (February 5, 2024).
\4\ See Initiation Notice. Commerce erroneously included Jindal
Poly Films Ltd. (India); Jindal Poly Films as a separate company
subject to this administrative review. We clarify here that Jindal
Poly Films Ltd. and its counsel have identified Jindal as all three
names in this proceeding (and past proceedings). As such, Commerce
is treating the company as doing business as all three names (i.e.,
Jindal Poly Films Ltd., Jindal Poly Films Ltd. (India), and Jindal
Poly Films. See Jindal's Letter, ``Entry of Appearance on Behalf of
M/S Jindal Poly Films Limited,'' dated February 23, 2024, at 1 (``We
are authorized by Jindal Poly Films Limited India''); see also
Jindal's Letter, ``Submission of Section-A Initial Questionnaire
Response,'' dated February 23, 2024 at 2 (``. . . could cause
substantial harm to Jindal Poly Films''); and Jindal's Letter,
``Extension Request to submit Response to Section B to D of Initial
Questionnaire for the Producers and/or Exporters of PET Film by
Jindal Poly Films Limited,'' dated March 7, 2023, at 1 (``On behalf
of Jindal Poly Films Limited . . .'').
\5\ See Memorandum, ``Respondent Selection,'' dated January 31,
2024.
\6\ See Memoranda, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
dated March 19, 2024; and ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 9,
2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available 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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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Polyethylene Terephthalate Film, Sheet, and Strip from India;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is PET film. The product is
currently classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheading is provided for convenience and for customs purposes, the
written product description remains dispositive. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
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 a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. All requests for an
administrative review of Cosmo First, Chiripal, Ester, Garware
Polyester, Vacmet India, and Polyplex were timely withdrawn.\9\ As a
result, in accordance with 19 CFR 351.213(d)(1), we are rescinding this
administrative review with respect to these companies. Accordingly, the
companies that remain subject to the instant review are Jindal and SRF.
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\9\ See Cosmo First's Letter, ``Withdrawal Request for
Administrative Review of Antidumping Duty of Cosmo First Ltd and
Rescind the Antidumping duty Admin Review of Cosmo for the POR July
1, 2022 to June 30, 2023,'' dated December 9, 2023; see also
Chiripal's Letter, ``Withdrawal of Request for Anti-Dumping Duty
Admin Review of Chiripal Poly Films Limited (Chiripal),'' dated
December 11, 2023; DuPont Teijin Films, Mitsubishi Chemical America,
Inc.--Polyester Film Division, and SKC, Inc.'s Letter, ``Withdrawal
of Request for Antidumping Duty Administrative Review,'' dated
December 11, 2023; Polyplex USA LLC's Letter, ``Withdrawal of
Request for Review for Polyplex USA LLC,'' dated November 29, 2023.
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Successor-in-Interest
As part of its section A response, Jindal Poly Films Limited/Jindal
Poly Films/Jindal Poly Films Limited India (collectively, Jindal)
reported that during the POR, it transferred its ``plastic film
business'' to JPFL Films Private Limited (JPFL).\10\ We requested
additional information, which Jindal submitted in response to a
supplemental questionnaire.\11\ After analyzing the information on the
record of this review, Commerce has determined that further information
is required to make a determination as to whether JPFL is the
successor-in-interest to Jindal, and we intend to request further
information via supplemental questionnaires. Commerce will issue its
preliminary findings with respect to this issue subsequent to these
preliminary results.
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\10\ See Jindal's Letters, ``Submission of Section-A Initial
Questionnaire Response'' dated February 23, 2024; and ``Submission
of Section A and C of First Supplemental Questionnaire Response,''
dated May 30, 2024, at 1 (agreeing to make public information
relating to transfer of business from Jindal to JPFL).
\11\ See Jindal's Letter, ``Submission of Response to Question 2
of Section A First Supplemental Questionnaire related to the Changed
circumstances review,'' dated June 10, 2024.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(a) of the Act. We calculated normal value
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period July 1, 2022, through June 30,
2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Jindal Poly Films Ltd./Jindal Poly Films/Jindal Poly Films 0.00
Limited India \12\.........................................
SRF Ltd./SRF Limited of India/SRF Limited Packaging Films... 1.15
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Disclosure and Public Comment
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\12\ See footnote 3, supra, for explanation of the company name.
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Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement 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).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\13\ Commerce will
notify interested parties of the deadline for submission of case
briefs. Rebuttal
[[Page 65847]]
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\14\
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.\15\
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\13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\14\ 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 Procedures).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\16\ Further,
we request that interested parties limit their public 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 review. We request that
interested parties include footnotes for relevant citations in the
public 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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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. Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. An electronically filed request must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of
the publication date of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon issuing the final results, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review. Commerce intends to issue assessment instructions 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).
If Jindal or SRF's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\19\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If Jindal or SRF's weighted-
average dumping margin is zero or de minimis or where an importer-
specific ad valorem assessment rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\20\
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\19\ See 19 CFR 351.212(b)(1).
\20\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Jindal or
SRF for which the respondent did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
those entries at the all-others rate in the original less-than-fair-
value investigation (i.e., 5.71 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\21\ The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise under review
and for future cash deposits of estimated antidumping duties, where
applicable.
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\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies for which we are rescinding this administrative
review, antidumping duties shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the period of
review, in accordance with 19 CFR 351.212(c)(1)(i). For these
companies, Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of these preliminary
results in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
Jindal and SRF will be equal to the weighted-average dumping margin for
each company established in the final results of this review (except,
if that rate is de minimis within the meaning of 19 CFR 351.106(c)(1),
then the cash deposit rate will be zero); (2) for producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or a prior segment of the proceeding but
the producer is, then the cash deposit rate will be the rate
established for the most recently
[[Page 65848]]
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 5.71 percent, the all-others rate
established in the less-than-fair-value investigation.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\22\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Analysis
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-17998 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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