[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Notices]
[Pages 56406-56407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2284]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Polyethylene Terephthalate Film, Sheet and Strip (PET Film) 
from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b)(1) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.216(b), Jindal Poly Films 
Limited (Jindal Poly Films) requested that the Department of Commerce 
(the Department) conduct a changed circumstances review of the 
antidumping duty order on PET film from India. In response to this 
request, the Department is initiating a changed circumstances review of 
the antidumping duty order on PET film from India.

EFFECTIVE DATE: September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Michele Mire, Office 
of AD/CVD Enforcement, Office 4, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-5193 
or (202) 482-4711, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2004, Jindal Poly Films requested that the Department 
conduct an expedited changed circumstances review of the antidumping 
duty order on PET film from India pursuant to section 751(b)(1) of the 
Act and 19 CFR 351.221(c)(3)(ii). Jindal Poly Films claims to be the 
successor-in-interest to Jindal Polyester Limited (Jindal). Jindal Poly 
Films furnished a certificate of change of name filed with the office 
of the registrar of companies in India showing that, effective April 
19, 2004, Jindal's corporate name was changed to Jindal Poly Films. See 
the July 29, 2004, request of Jindal Poly Films at Exhibit 1.
    On August 25, 2004, DuPont Teijin Films, Mitsubishi Polyester Film 
of America and Toray Plastics (America), Inc., the petitioners to this 
proceeding, notified the Department that they oppose Jindal Poly Films' 
request that the Department conduct an expedited antidumping duty 
changed circumstances review. Petitioners' objections are discussed 
below in the initiation of review section of this notice.

Scope of Review

    Imports covered by this review are shipments of PET film from 
India. The products covered are all gauges of raw, pretreated, or 
primed PET film, whether extruded or coextruded. Excluded are 
metallized 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 PET film are currently classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) under item number 3920.62.00. 
HTSUS subheadings are provided for convenience and customs purposes. 
The written description of the scope of this order is dispositive.

Initiation of Antidumping Duty Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party for a review of, an 
antidumping or countervailing duty order which shows changed 
circumstances sufficient to warrant a review of the order. See 19 CFR 
351.216(c). The information submitted by Jindal Poly Films regarding a 
change in the name of Jindal shows changed circumstances sufficient to 
warrant a review.
    In changed circumstances reviews involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See Brass Sheet and Strip from Canada: Notice of Final Results of 
Antidumping Administrative Review, 57 FR 20460, 20462 (May 13, 1992) 
(Canadian Brass). While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor company if the 
resulting operations are essentially the same as those of the 
predecessor company. See, e.g., Industrial Phosphoric Acid from Israel: 
Final Results of Changed Circumstances Review, 59 FR 6944, 6945 
(February 14, 1994), and Canadian Brass, 57 FR 20460. Thus, if the 
record evidence demonstrates that, with respect to the production and 
sale of the subject merchandise, the new company operates as the same 
business entity as the predecessor company, the Department may assign 
the new company the cash deposit rate of its predecessor. See, e.g., 
Fresh and Chilled

[[Page 56407]]

Atlantic Salmon from Norway: Final Results of Changes Circumstances 
Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 
1999). Although Jindal Poly Films submitted information indicating that 
Jindal was renamed Jindal Poly Films, the information is insufficient 
for the Department to preliminarily determine Jindal Poly Films to be 
the successor-in-interest to Jindal. Moreover, the petitioners argue 
that Jindal Poly Films experienced two significant changes in 
management within three days of the name change, and that it has 
undertaken an expansion and restructuring of its operations in 
connection with its acquisition of Rexor. See Petitioners' August 25, 
2004, submission at Exhibits 1, 2, and 3. Petitioners also contend that 
record evidence does not adequately satisfy the Department's criteria 
it applies when making successor-in-interest determinations.
    Concerning Jindal Poly Films' request that the Department conduct 
an expedited antidumping duty changed circumstances review, the 
Department has determined that it would be inappropriate to expedite 
this action by combining the preliminary results of review with this 
notice of initiation, as permitted under 19 CFR 351.221(c)(3)(ii). 
Because of the interested parties' differing views and the Department's 
need for additional information, which we will address in a 
questionnaire to be issued to Jindal Poly Films, the Department finds 
that expedited action in this review is impracticable. See 19 CFR 
351.216(e) and 19 CFR 351.221(c)(3)(ii). Therefore, the Department is 
not issuing the preliminary results of its antidumping duty changed 
circumstances review at this time.
    The Department will publish in the Federal Register a notice of 
preliminary results of antidumping duty changed circumstances review, 
in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(i). 
This notice will set forth the factual and legal conclusions upon which 
our preliminary results are based and a description of any action 
proposed based on those results. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of review. In accordance with section 751(b)(4)(B) 
of the Act and 19 CFR 351.216(e), the Department will issue the final 
results of its antidumping duty changed circumstances review not later 
than 270 days after the date on which the review is initiated.
    During the course of this antidumping duty changed circumstances 
review, we will not change the cash deposit requirements for the 
merchandise subject to review, unless a change is determined to be 
warranted pursuant to the final results of this review.
    This notice of initiation is in accordance with sections 751(b)(1) 
of the Act and
    19 CFR 351.221(b)(1) of the Department's regulations.

    Dated: September 10, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-2284 Filed 9-20-04; 8:45 am]
BILLING CODE: 3510-DS-P