[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76948-76949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31691]


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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 1, 2011, the Department of Commerce (the Department) 
issued the preliminary results of the administrative review of 
polyethylene terephthalate film, sheet and strip (PET Film) from India 
for Ester Industries Ltd. (Ester), covering the period of review (POR) 
from January 1, 2009, through December 31, 2009. Based on the results 
of our analysis of the comments received, we continue to find that 
subject merchandise produced and exported by Ester has benefitted from 
countervailable subsidies provided on the production and export of PET 
Film from India. Also, based on our analysis of Ester's comments, we 
made certain revisions to the calculations of certain subsidy programs. 
The final subsidy rate for Ester is listed below in the section titled 
``Final Results of Administrative Review.'' The Department will 
instruct U.S. Customs and Border Protection (CBP) to assess 
countervailing duties at the final subsidy rate.

DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Elfi Blum 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 or (202) 482-1398.

SUPPLEMENTARY INFORMATION:

Background

    Since the issuance of Polyethylene Terephthalate Film, Sheet, and 
Strip From India: Preliminary Results of Countervailing Duty 
Administrative Review, 76 FR 47558 (August 5, 2011) (Preliminary 
Results), the following events have occurred. Ester filed its response 
to the Department's third supplemental questionnaire on September 8, 
2011. On September 21, 2011, the Department issued a memorandum 
confirming a revised briefing schedule. See Memorandum To Interested 
Parties From Toni Page, International Trade Analyst, AD/CVD Operations, 
Office 6, Administrative Review of the Countervailing Duty Order on 
Polyethylene Terephthalate Film, Sheet, and Strip from India; Revised 
Briefing Schedule (September 21, 2011). Ester and the petitioners, 
DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and 
Toray Plastics (America), Inc., timely filed case briefs on September 
28, 2011. Both Ester and the petitioners timely filed their respective 
rebuttal briefs on October 3, 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.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs by parties 
to this administrative review are addressed in the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, Issues and Decision Memorandum for the Final 
Results of the Countervailing Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India 
(December 5, 2011) (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 and discusses any 
changes to the subsidy rates from the Preliminary Results. 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 electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). Access to IA ACCESS is available in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/ia/. The 
signed and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments and information received, we have 
revised the calculations with respect to the benefit amount calculated 
for the Pre- and Post-Shipment Export Financing and Export Promotion 
Capital Goods Scheme programs. In addition, based on our analysis of 
information Ester provided in its third supplemental questionnaire 
response, we have made changes to the sales denominators for 
calculating the ad valorem rates for the programs used by Ester. These 
changes are discussed in more detail in the Issues and Decision 
Memorandum.

Final Results of Administrative Review

    In accordance with section 777A(e)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.221(b)(5), we

[[Page 76949]]

calculated an individual ad valorem subsidy rate for Ester, for the POR 
for this administrative review.

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Ester Industries Ltd....................................           11.81
------------------------------------------------------------------------

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 
Ester and entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2009, through December 31, 2009 at 11.81 percent ad 
valorem of the entered value.
    The Department intends to also instruct CBP to collect cash 
deposits of the estimated countervailing duties at the rate of 11.81 
percent ad valorem of the entered value on shipments of the subject 
merchandise produced and exported by Ester, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review. 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 administrative review.

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(a)(3). 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: December 5, 2011.
Christian Marsh,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Issues Addressed in the Issues and Decision Memorandum

Comment 1: Respondent's Sales Figures.
Comment 2: Calculation of Respondent's DEPS Benefit.
Comment 3: Calculation of Respondent's EPCGS Benefit.
Comment 4: Calculation of Respondent's Pre- and Post-Export 
Financing Benefit.
Comment 5: The State of Uttar Pradesh Sales Tax Incentive Program.

[FR Doc. 2011-31691 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P