[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19634-19635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7871]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet and Strip From India: 
Rescission of Countervailing Duty Administrative Review

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

DATES: Effective Date: April 2, 2012.

FOR FURTHER INFORMATION CONTACT: Toni Page, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1398.

SUPPLEMENTARY INFORMATION

Background

    On July 1, 2011, the Department of Commerce (Department) published 
a notice of opportunity to request an administrative review of the 
countervailing duty (CVD) order on polyethylene terephthalate film, 
sheet and strip from India covering the period January 1, 2010, through 
December 31, 2010. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 76 FR 38609, 38610 (July 1, 2011). The 
Department received a timely request from Petitioners \1\ for a CVD 
administrative review of five companies: Ester Industries Limited 
(Ester), Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of 
India (Jindal), Polyplex Corporation Ltd. (Polyplex), and SRF Limited 
(SRF). The Department also received timely requests for a CVD review 
from Vacmet India Ltd. (Vacmet) and Polypacks Industries of India 
(Polypacks).
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    \1\ Petitioners are DuPont Teijin Films, Mitsubishi Polyester 
Film, Inc., SKC, Inc. and Toray Plastics (America), Inc.
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    On August 26, 2011, the Department published a notice of initiation 
of administrative review with respect to Ester, Garware, Jindal, 
Polyplex, SRF, Vacmet, and Polypacks. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 76 FR 53404 (August 26, 2011) (Initiation Notice). Prior to 
the publication of the Initiation Notice, Vacmet and Polypacks timely 
withdrew their requests for an administrative review. On September 20, 
2011, the Department published a rescission, in part, of the CVD 
administrative review with respect to Vacmet and Polypacks. See 
Polyethylene Terephthalate Film, Sheet and Strip From India: 
Rescission, In Part, of Countervailing Duty Administrative Review, 76 
FR 58248 (September 20, 2011).
    On September 12, 2011, SRF filed a certification of no shipments 
and requested that the Department rescind the CVD administrative review 
of the company. On November 25, 2011, Petitioners timely withdrew their 
request for CVD administrative reviews of Ester, Garware, Polyplex, and 
Jindal. The Department published a rescission, in part, of the CVD 
administrative review with respect to Ester, Garware, Polyplex, and 
Jindal on January 11, 2012. See Polyethylene Terephthalate Film, Sheet 
and Strip From India: Rescission, in Part, of Countervailing Duty 
Administrative Review, 77 FR 1668 (January 11, 2012). The 
administrative review of SRF continued.

Rescission of Review

    On February 21, 2012, we published a notice of intent to rescind 
this CVD administrative review with respect to SRF, and invited 
interested parties to comment. See Polyethylene Terephthalate Film, 
Sheet and Strip from India: Preliminary Intent to Rescind 
Countervailing Duty Administrative Review, 77 FR 9892 (February 21, 
2012) (Intent to Rescind).
    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review with respect to a particular exporter or 
producer, if the Secretary concludes that, during the period covered by 
the review, there were no entries, exports, or sales of the subject 
merchandise to the United States by that exporter or producer. SRF 
submitted a letter on September 12, 2011, certifying that it did not 
have any shipments of subject merchandise to the United States during 
the period of review (POR). The Department received no comments from 
any other party on SRF's no-shipment claim.
    We issued a ``no shipments inquiry'' message to U.S. Customs and 
Border Protection (CBP), which posted the message on October 12, 
2011.\2\ We also conducted a CBP data query for this case on October 
21, 2011, which we placed on the record.\3\ We did not receive any 
information from CBP to contradict SRF's claim of no sales, shipments, 
or entries of subject merchandise to the United States during the POR. 
See Memorandum to the File through Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, titled ``Claim of No Shipments from SRF Limited 
in the 2010 Administrative Review of the Countervailing Duty Order on 
Polyethylene Terephthalate Film, Sheet and Strip from India,'' dated 
February 14, 2012. Furthermore, the Department received no comments 
from parties on the Intent to Rescind.
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    \2\ See Message number 1285302, available at http://addcvd.cbp.gov.
    \3\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, from Elfi Blum, International Trade Analyst 
titled ``Administrative Review of the Countervailing Duty Order on 
Polyethylene Terephthalate Film, Sheet and Strip from India: 
Respondent Selection Memorandum,'' dated October 21, 2011.
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    As such, we determine that there were no entries during the POR of 
subject merchandise produced or exported by SRF. Therefore, in 
accordance with 19 CFR 351.213(d)(3), and consistent with our 
practice,\4\ we are rescinding the review for SRF. Because SRF is the 
sole remaining company in this administrative review, the rescission 
with respect to SRF results in a rescission of this administrative 
review in its entirety.
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    \4\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from 
Turkey: Notice of Rescission of Countervailing Duty Administrative 
Review, In Part, 74 FR 47921 (September 18, 2009).
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Assessment

    The Department will instruct CBP to assess countervailing duties on 
all appropriate entries. Subject merchandise exported by SRF will be 
assessed CVDs at rates equal to the cash deposit of estimated CVDs 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 
within 15 days of publication of this notice.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their

[[Page 19635]]

responsibility concerning the return or destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305, 
which continues to govern business proprietary information in this 
segment of the proceeding. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: March 27, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-7871 Filed 3-30-12; 8:45 am]
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