[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30908-30910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13264]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 21, 2010, the Department of Commerce (the 
Department) issued the preliminary results of the new shipper review of 
polyethylene terephthalate film, sheet and strip (PET Film) from India 
for SRF Limited (SRF), covering the period July 1, 2009, through 
December 31, 2009 (POR). Based on the results of our analysis of the 
comments received, we continue to find that the U.S. sale of

[[Page 30909]]

subject merchandise produced and exported by SRF was bona fide and not 
sold below normal value (NV). Therefore, the Department will instruct 
U.S. Customs and Border Protection (CBP) to liquidate entries subject 
to this review without regard to antidumping duties.

DATES: Effective Date: May 27, 2011.

FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, 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-
1398 or (202) 482- 0197.

SUPPLEMENTARY INFORMATION: 

Background

    Since the issuance of Polyethylene Terephthalate Film, Sheet, and 
Strip From India: Preliminary Results of Antidumping Duty New Shipper 
Review, 75 FR 81570 (December 28, 2010) (Preliminary Results), the 
following events have occurred. On January 21, 2011, the Department 
issued a memorandum confirming the briefing schedule, in accordance 
with 19 CFR 351.309(c), as stated in the Preliminary Results, 75 FR at 
81573. See Memorandum To Interested Parties From Elfi Blum, 
International Trade Compliance Analyst, AD/CVD Operations, Office 6: 
New Shipper Reviews of the Antidumping Duty and Countervailing Duty 
Orders on Polyethylene Terephthalate Film, Sheet, and Strip from India; 
Verification and Briefing Schedule for the Final Results of Review 
(January 21, 2011). SRF and the petitioners, Dupont Teijin Films, 
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics 
(America), Inc. (collectively, Petitioners), timely filed case briefs 
on January 27, 2011. SRF timely filed a rebuttal brief on February 1, 
2011.
    The Department obtained, from CBP, import data for entries of PET 
Film from India into the United States during the period December 2009 
through January 2011. On February 11, 2011, the Department placed this 
information on the record of this review. See Memorandum To All 
Interested Parties From Toni Page, International Trade Compliance 
Analyst: Antidumping and Countervailing Duty New Shipper Reviews of 
Polyethylene Terephthalate Film, Sheet, and Strip from India: U.S. 
Customs Entries from December 2009 to Present (January 11, 2011). The 
Department issued its third supplemental questionnaire to SRF on 
February 11, 2011, requesting information about the company's shipments 
after the POR of PET film to the United States. On February 25, 2011, 
SRF filed its response to the Department's supplemental questionnaire.
    On March 3, 2011, the Department extended the final results of new 
shipper review from March 21, 2011 to May 20, 2011. See Polyethylene 
Terephthalate Film, Sheet and Strip From India: Extension of Time Limit 
for Final Results of Antidumping Duty New Shipper Review, 76 FR 12937 
(March 9, 2011).
    On April 13, 2011, the Department placed additional CBP data 
concerning post-POR shipments of PET Film to the United States, sold by 
SRF, on the record of this review and requested comments from the 
parties. See Memorandum to All Interested Parties from Toni Page, 
International Trade Compliance Analyst: Antidumping and Countervailing 
Duty New Shipper Reviews of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: U.S. Customs Entries from December 2009 to present 
(April 13, 2011). Petitioners and SRF filed comments on the CBP data on 
April 18, 2011.

Scope of the Order

    The products covered by the order 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 
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 3920.62.00.90. HTSUS subheadings are provided for convenience 
and customs purposes. The written description of the scope of the order 
is dispositive.

Bona Fide Analysis of U.S. Sale

    In the Preliminary Results, we determined that SRF's U.S. sale was 
a bona fide transaction. See Memorandum from Toni Page, International 
Trade Analyst Regarding: Bona Fide Nature of the Sale in the 
Antidumping Duty New Shipper Review of Polyethylene Terephthalate Film, 
Sheet, and Strip from India: SRF Limited (December 21, 2010). The 
Department also stated it would continue to examine, through the 
remainder of the review, all factors relating to the bona fide analysis 
of the sale. We have further examined the bona fide nature of SRF's 
U.S. sale and, for these final results, we continue to find the sale to 
be bona fide. For further details, see Memorandum to File from Toni 
Page, International Trade Analyst, Bona Fide Analysis of SRF's Sale in 
the Antidumping Duty New Shipper Review of Polyethylene Terephthalate 
Film, Sheet, and Strip from India, dated concurrently with this notice.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal brief by parties 
to this new shipper review are addressed in Memorandum from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, Issues and Decision Memorandum for the Final 
Results of New Shipper Review of Polyethylene Terephthalate Film, 
Sheet, and Strip (PET Film) from India (May 20, 2011) (Issues and 
Decision Memorandum), which is hereby adopted by this notice. 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 Central Records Unit (CRU), room 7046 of 
the main Department building, and can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn. The paper and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from SRF, we have made a change to 
the margin calculations used in the Preliminary Results. As discussed 
in Comment 1 of the accompanying Issues and Decision Memorandum, the 
sum of the export subsidy rates calculated in the companion 
countervailing duty new shipper review have been added to export price 
for the purpose of calculating the antidumping margin for these final 
results.

Final Results of New Shipper Review

    In accordance with section 751(a)(2)(B)(i) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.221(b)(5), we determine that 
the following weighted average dumping margin exists for the period 
July 1, 2009, through December 31, 2009.

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/exporter                    average margin
                                                            (percent)
------------------------------------------------------------------------
SRF Limited............................................            0.00
------------------------------------------------------------------------


[[Page 30910]]

Disclosure

    The Department will disclose to parties the calculations performed 
in connection with these final results within five days of the date of 
public announcement. See 19 CFR 351.224(b).

Assessment and Cash Deposit Instructions

    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review to 
liquidate shipments of subject merchandise produced and exported by SRF 
and entered, or withdrawn from warehouse, for consumption on or after 
July 1, 2009, through December 31, 2009, without regard to antidumping 
duties.
    The Department intends to also instruct CBP that the cash deposit 
rate for SRF is zero percent ad valorem of the entered value on 
shipments of the subject merchandise produced and exported by SRF, and 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this new shipper review.
    Further, effective upon publication of the final results of this 
new shipper review, we intend to instruct CBP that importers may no 
longer post a bond or other security in lieu of a cash deposit on 
imports of PET Film from India, manufactured and exported by SRF. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice. The cash deposit rates for all companies not covered by 
this review are not changed by the results of this new shipper review.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305. Timely written notification 
of return or 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 notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

List of Issues Addressed In the Issues and Decision Memorandum

Comment 1: Whether the Department Should Adjust the Export Price in 
the Antidumping Calculations by the Calculated Countervailing Duty 
Rate
Comment 2: Whether SRF's Single Sale and its U.S. Customer Are 
Indicative of a Bona Fide Sale
Comment 3: Whether the Price and Quantity of SRF's New Shipper Sale 
Are Indicative of a Bona Fide Sale
Comment 4: Whether SRF's PET Film Entry Was Re-sold for a Profit

[FR Doc. 2011-13264 Filed 5-26-11; 8:45 am]
BILLING CODE 3510-DS-P