[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6530-6531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2367]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-533-825)


Polyethylene Terephthalate Film, Sheet, and Strip from India: 
Final Results of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2006, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of 
administrative review of the countervailing duty order on polyethylene 
terephthalate film, sheet, and strip (PET-Film) from India for the 
period January 1, 2004, through December 31, 2004. See Notice of 
Preliminary Results and Rescission, in Part, of Countervailing Duty 
Administrative Review: Polyethylene Terephthalate Film, Sheet, and 
Strip from India, 71 FR 45037 (August 8, 2006) (Preliminary Results). 
Based on the results of our verification and our analysis of the 
comments received, the Department has revised the net subsidy rates for 
the respondents: Jindal Polyester Limited/Jindal Poly Films Limited of 
India (Jindal) and Polyplex Corporation Ltd. (Polyplex). The final net 
subsidy rates for the reviewed companies are listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: February 12, 2007.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, Nicholas Czajkowski, or 
Toni Page, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0197, (202) 482-1395, or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the Preliminary Results, the following 
events have occurred. As provided in 782(i) of the Tariff Act of 1930, 
as amended (the Act), the Department conducted a verification of the 
questionnaire responses submitted by the Government of India (GOI), 
Polyplex, and Jindal from October 3 through October 13, 2006. We used 
standard verification procedures, including on-site examination of 
relevant records and original source documents. Our verification 
results are outlined in the public and proprietary versions of the 
verification memoranda, which are on file in the Central Records Unit 
(CRU), room B-099 of the Main Commerce Building. See ``Verification of 
the Questionnaire Responses Submitted by the Government of India 
(GOI)''(December 13, 2006) (GOI Verification Report); ``Verification of 
the Questionnaire Responses Submitted by Polyplex Corporation Ltd. 
(Polyplex)'' (December 13, 2006) (Polyplex Verification Report); and 
``Verification of the Questionnaire Responses Submitted by Jindal 
Polyester Ltd. (Jindal)'' (December 13, 2006) (Jindal Verification 
Report). On December 28, 2006, Dupont Teijin Films, Mitsubishi 
Polyester Film of America, and Toray Plastics (America), Inc. 
(collectively, the Petitioners), Polyplex and Jindal, filed case 
briefs. Polyplex, Jindal, and Petitioners filed rebuttal briefs on 
January 4, 2006.

Scope of the Order

    For purposes of the order, the products covered are all gauges of 
raw, pretreated, or primed Polyethylene Terephthalate Film, Sheet and 
Strip, 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 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 the order is dispositive.

[[Page 6531]]

Analysis of Comments Received

    We gave interested parties an opportunity to comment on our 
Preliminary Results following the release of our verification reports 
for the GOI, Polyplex, and Jindal. The issues raised in all case and 
rebuttal briefs by parties to this administrative review are addressed 
in the Issues and Decision Memorandum for the 2004 Countervailing Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India, from Stephen J. Claeys to David M. Spooner, dated 
February 5, 2007 (Issues and Decision Memorandum), which is hereby 
adopted by this notice. The Issues and Decision Memorandum also 
contains a complete analysis of the programs covered by this review and 
the methodologies used to calculate the subsidy rates. A list of the 
comments raised in the briefs and addressed in the Issues and Decision 
Memorandum is appended to this notice. The Issues and Decision 
Memorandum is on file in the CRU, and can be accessed directly on the 
Web at http://ia.ita.doc.gov.

Changes Since the Preliminary Results

    Based on our verification and analysis of comments received, we 
have made some adjustments in the methodology that was used in the 
Preliminary Results for calculating both Jindal's and Polyplex's 
subsidy rates under several programs, and adjusted the cash deposit 
rate to reflect the termination of the 80HHC Program. All changes are 
discussed in detail in the Issues and Decision Memorandum. In addition, 
the Department finds that the 80HHC Tax Exemption program was 
terminated in accordance with the provisions of 19 CFR 351.526. 
Therefore, the Department will include the subsidy rate from the 80HHC 
Tax Exemption program in the assessment rate but exclude it from the 
cash deposit rate.

Final Results of Review

    In accordance with sections 777A(e)(1) and 751(a)(I)(A) of the Act 
and 19 CFR 351.221(b)(5), we calculated individual ad valorem subsidy 
rates for the producers/exporters, Jindal and Polyplex, the only 
producers/exporters subject to this review for the calendar year 2004, 
which is the POR for this administrative review.

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         Manufacturer/Exporter                    Net Subsidy Rate                    Cash Deposit Rate
----------------------------------------------------------------------------------------------------------------
Jindal................................                       14.28 [percnt]                       13.99 [percnt]
Polyplex..............................                        9.20 [percnt]                        7.60 [percnt]
----------------------------------------------------------------------------------------------------------------

Assessment and Cash Deposit Instructions

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review. The Department will 
instruct CBP to collect cash deposits of estimated countervailing 
duties as detailed above, based upon the f.o.b. invoice price on all 
shipments of the subject merchandise from the producers/exporters under 
review, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this 
administrative review.
    We will also instruct CBP to continue to collect cash deposits for 
non-reviewed companies at the most recent company-specific rate 
applicable to the company. Accordingly, the cash deposit rate that will 
be applied to non-reviewed companies covered by this order will be the 
rate for that company established in the investigation. See Notice of 
Final Affirmative Countervailing Duty Determination: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) From India, 67 FR 34905 
(May 16, 2002). The ``all others'' rate shall apply to all non-reviewed 
companies until a review of a company assigned this rate is requested.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 5, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I

List Of Issues Addressed In The Issues And Decision Memorandum

Comment 1: Inclusion of Deemed Export Sales in the Total Value of 
Export Sales
Comment 2: Inclusion of Non-Subject Merchandise in the Subsidy 
Calculations
Comment 3: Countervailibility of the Advance License Program(ALP)
Comment 4: Export Promotion Capital Goods Scheme Calculations
Comment 5: Sale of the DFRC License
Comment 6: Loans from Government-Owned Special Purpose Banks
Comment 7: State Sales Tax Incentive Programs
Comment 8: Target Plus Scheme(TPS)
[FR Doc. E7-2367 Filed 2-9-07; 8:45 am]
BILLING CODE 3510-DS-S