Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Recission, in Part, of Countervailing Duty Administrative Review; 2023
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Issuing agencies
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, 2023, through December 31, 2023. In addition, Commerce is rescinding the review, in part, with respect to seven companies. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 91 Issue 5 (Thursday, January 8, 2026)</title>
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[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Notices]
[Pages 672-674]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00189]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Recission, in Part, of Countervailing Duty
Administrative Review; 2023
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, 2023, through
December 31, 2023. In addition, Commerce is rescinding the review, in
part, with respect to seven companies. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable January 8, 2026.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Suresh Maniam, 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) 482-5075 or (202) 482-0176,
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 August 14,
2024, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On October 10,
2024, Commerce selected Polyplex Corporation, Ltd. (Polyplex) and SRF
Limited (SRF) for individual examination as the mandatory respondents
in this administrative review.\3\ On November 7 and 8, 2024, the review
requests for Polyplex and SRF were withdrawn, respectively.\4\
Therefore, on November 29, 2024, we selected Cosmo First Limited
(Cosmo) and JPFL Films Private Ltd. (JPFL) for individual examination
as mandatory respondents in this review.\5\
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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, 89 FR 66035 (August 14, 2024).
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
October 10, 2024.
\4\ See Polyplex's Letter, ``Withdrawal of Request for Review
for Polyplex USA LLC;'' and Petitioners' Letter, ``Withdrawal of
Request for Countervailing Duty Administrative Review,'' both dated
November 7, 2024. See also SRF's Letter, ``Withdrawal of Review
Request and Request to Suspend/Excuse to Affiliate Response to the
Countervailing Duty Questionnaires POR 2023 and Rescind the
Countervailing Duty Admin Review of SRF,'' dated November 8, 2024.
\5\ See Memorandum, ``Selection of Additional Mandatory
Respondent,'' dated November 29, 2024.
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On December 9, 2024, Commerce tolled the deadline to issue the
preliminary results in this administrative review by 90 days.\6\ On
June 9, 2025, Commerce extended the deadline for issuing the
preliminary results of this review to no later than October 29,
2025.\7\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days.\8\ Additionally, due to a
backlog of documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\9\ Accordingly, the deadline for
these preliminary results is now January 5, 2026.
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
9, 2025.
\8\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\9\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\10\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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>.
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\10\ 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; 2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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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.\11\
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\11\ Id.
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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 seven companies, pursuant to 19 CFR
351.213(d)(1).\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. For a complete
list of companies for which we are rescinding this administrative
review, see Appendix II.
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\12\ Id. at 3-4.
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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).\13\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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\13\ 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 673]]
Preliminary Results of Review
Commerce preliminary determines that the following net
countervailable subsidy rates exist for the period January 1, 2023,
through December 31, 2023:
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Subsidy rate (percent
Company ad valorem)
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Cosmo First Limited and its cross-owned 10.03
affiliate Cosmo Specialty Chemicals Private
Limited.......................................
JPFL Films Private Ltd. and its cross-owned 12.41
affiliate Jindal Poly Films Limited...........
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Disclosure
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days of any
public announcement, or if there is no public announcement, within five
days after the date of publication of this notice in accordance with 19
CFR 351.224(b).
Public Comment
We intend to set a deadline for case briefs at a later point.
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.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\
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\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 Final Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
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
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).\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 Final Rule.
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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. Issues
raised in the hearing will be limited to those raised in the respective
case briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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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, 2023, through December 31, 2023, 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
Pursuant to 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.
Final Results of Administrative Review
Unless the deadline is extended, Commerce intends 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).
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).
[[Page 674]]
Dated: January 5, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Recommendation
Appendix II
Companies for Which All Review Requests Were Withdrawn
1. Ester Industries Limited
2. Polyplex Corporation, Ltd.
3. SRF Limited
4. Vacmet India Limited
5. Chiripal Poly Films Limited
6. Garware Hi-Tech Films Limited
7. Garware Polyester Ltd.
[FR Doc. 2026-00189 Filed 1-7-26; 8:45 am]
BILLING CODE 3510-DS-P
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