[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9670-9672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Administrative Review of the Antidumping Duty Order; 
2010-2011

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

SUMMARY: On August 6, 2012, the Department of Commerce (Department) 
published the preliminary results of administrative review of the 
antidumping duty order on polyethylene terephthalate film (PET Film) 
from India.\1\ This review covers three respondents, Jindal Poly Films 
Ltd (Jindal), Polyplex Corporation Ltd. (Polyplex), and SRF Limited 
(SRF), producers and exporters of PET Film from India. Based on the 
results of our analysis of the comments received, we have made changes 
to the preliminary results. For the final weight-averaged dumping 
margins, see the ``Final Results of Review'' section below.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
India: Preliminary Results of Antidumping Duty Administrative 
Review, 77 FR 46687 (August 6, 2012) (Preliminary Results).

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DATES: Effective Date: February 11, 2013.

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) 428-
0197 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the Preliminary Results, the following events have taken 
place. The Department extended the final results of review from 
December 6, 2012 to February 4, 2013.\2\ Jindal and Polyplex submitted 
timely case briefs on December 5, 2012. DuPont Teijin Films, Mitsubishi 
Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. 
(collectively, Petitioners) filed a timely rebuttal brief on December 
13, 2012.
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    \2\ See Memorandum from Barbara Tillman, Antidumping and 
Countervailing Duty Operations Office 6 Director, to Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, ``Polyethylene Terephthalate Film from India: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated November 9, 2012. See also Memorandum 
to the Record from Paul Piquado, Assistant Secretary for Import 
Administration, regarding ``Tolling of Administrative Deadlines As a 
Result of the Government Closure During Hurricane Sandy,'' dated 
October 31, 2012.
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    The Department issued a post-preliminary analysis to address 
Petitioners' targeted dumping allegations for both Jindal and Polyplex 
on December 20, 2012.\3\ Petitioners filed timely comments regarding 
the Department's post-preliminary analysis on January 3, 2013. In 
response, Jindal and Polyplex filed timely rebuttal comments on January 
8, 2013.
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    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration,: 
Polyethylene Terephthalate Film, Sheet and Strip (PET film) from 
India: Post-Preliminary Analysis and Calculation Memorandum, dated 
December 20, 2012 (Post-Prelim Analysis and Calculation Memorandum).
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Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of

[[Page 9671]]

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

Period of Review

    The period of review is July 1, 2010, through June 30, 2011.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
are addressed in the Decision Memorandum.\4\ A list of these issues is 
attached to this notice in the Appendix. The Decision Memorandum is a 
public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to all 
registered users at http://iaaccess.trade.gov, and is available to all 
parties in the Central Records Unit (CRU), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Decision Memorandum and electronic 
versions of the Decision Memorandum are identical in content.
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    \4\ See 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 2010-
2011 Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India,'' dated February 4, 
2013 (Decision Memorandum).
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Changes Since the Preliminary Results

    Based on our analysis of the comments received and information 
received after the Preliminary Results, we have made adjustments to our 
margin calculations for Jindal and Polyplex in accordance with our 
post-preliminary analysis.\5\ For these final results, we made no other 
changes to Jindal's margin calculations. Polyplex's margin calculations 
were adjusted to account for the company's expenditures for its sample 
sales and its sales of secondary merchandise in the U.S. The 
adjustments for Polyplex did not change its weighted-average dumping 
margin calculated for the Preliminary Results.
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    \5\ For our detailed analysis, see Post-Prelim Analysis and 
Calculation Memorandum; see also Analysis Memorandum for the Post-
Preliminary Results of the Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal 
Poly Films Limited and Polyplex Corporation Ltd., dated December 20, 
2012, at 2, respectively.
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Final Results of Review

    As a result of our review, we determine that the following 
weighted-average dumping margins exist for the period July 1, 2010, 
through June 30, 2011.
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    \6\ SRF is a non-selected respondent in this review. For 
additional information regarding the calculation of SRF's rate, 
which remains unchanged from the Preliminary Results, see 
Preliminary Results, 77 FR at 46692.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                 Manufacturer/ exporter                       dumping
                                                              margin
                                                             (percent)
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Jindal Poly Films Limited...............................            0.00
Polyplex Corporation Limited............................            0.00
SRF Limited \6\.........................................            0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. We will instruct CBP to liquidate entries of merchandise 
produced and/or exported by Jindal, Polyplex, and SRF. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For individually 
examined respondents whose weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent) in the final results, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\7\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate without regard to antidumping duties any entries.\8\
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    \7\ In these final results, the Department applied the 
assessment rate calculation method adopted in Final Modification for 
Reviews, i.e. on the basis of monthly average-to-average comparisons 
using only the transactions associated with that importer with 
offsets being provided for non-dumped comparisons. See Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 1012) (Final Modificationfor 
Reviews).
    \8\ See 19 CFR 351.106(c)(1).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by each respondent for 
which they did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of PET Film from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (Act): (1) The cash 
deposit rate for company under review will be the rate established in 
the final results of this review (except, if the rate is zero or de 
minimis, then no cash deposit will be required); (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair-value investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the merchandise; 
and, (4) if neither the exporter nor the manufacturer is a firm covered 
in this or any previous review, the cash deposit rate will be the all 
others rate for this proceeding, 5.71 percent. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance

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with 19 CFR 351.305(a)(3). Timely written notification of the 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.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Targeted Dumping
Comment 2: Polyplex's Transparent Film Other Grade (TFOG) Sales
Comment 3: Jindal's Date of Sale
Comment 4: Jindal's Export Quantities

[FR Doc. 2013-03082 Filed 2-8-13; 8:45 am]
BILLING CODE 3510-DS-P