[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19096]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET Film) from India. The period 
of review (POR) is July 1, 2011, through June 30, 2012. This review 
covers three respondents, Jindal Poly Films Limited (Jindal), SRF 
Limited (SRF), and Polyplex Corporation Ltd. (Polyplex). Jindal and SRF 
were selected as the mandatory respondents while Polyplex is the non-
selected respondent. The Department preliminarily determines that SRF 
did, and that Jindal did not, make sales of subject merchandise at 
prices below normal value (NV) during the POR. The preliminary results 
are listed below in the section titled ``Preliminary Results of 
Review.'' Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: August 7, 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) 482-
0197 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

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

Methodology

    The Department has conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. NV is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice.\1\ The Preliminary Decision Memorandum is a 
public document and is on file electronically via Import

[[Page 48144]]

Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, 
and Strip from India,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Non-Selected Respondent

    With regard to determining an appropriate rate to be applied to the 
non-selected respondent Polyplex, the statute and the Department's 
regulations do not directly address the establishment of a rate to be 
applied to companies not selected for individual examination where the 
Department limited its examination in an administrative review pursuant 
to section 777A(c)(2) of the Act. The Department's practice in cases 
involving limited selection of respondents has been to look for 
guidance in section 735(c)(5) of the Act, which provides instructions 
for calculating the all-others rate in an investigation. The Department 
generally weight-averages the rates calculated for the mandatory 
respondents, excluding zero and de minimis rates and rates based 
entirely on facts available, and applies that resulting weighted-
average margin to non-selected respondents.\2\
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    \2\ See, e.g., Wooden Bedroom Furniture From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Results of New Shipper Review and 
Partial Rescission of Administrative Review, 73 FR 8273 (February 
13, 2008), unchanged in Wooden Bedroom Furniture from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and New Shipper Review, 73 FR 49162 (August 20, 2008).
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    In this review, we have preliminarily calculated a zero or de 
minimis weighted-average dumping margin for mandatory respondent Jindal 
and an above de minimis rate for the other mandatory respondent, SRF. 
Based on this, we have based the dumping margin for Polyplex on the 
above de minimis rate calculated for SRF.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the period July 1, 2011, through June 30, 2012.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited..................................         0.00
SRF Limited................................................         0.71
Polyplex Corporation Ltd...................................         0.71
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties the calculations performed 
in connection with these preliminary results within five days of the 
date of publication of this notice.\3\ Interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice.\4\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\6\ Case and rebuttal briefs should be filed using 
IA ACCESS.\7\
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See 19 CFR 351.303.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, filed electronically via IA 
ACCESS.\8\ An electronically-filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days 
after the date of publication of this notice.\9\ Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department will issue the final results of 
this administrative review, including the results of its analysis of 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act, unless that time is extended.
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    \8\ See 19 CFR 351.310(c).
    \9\ Id.
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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, SRF, and Polyplex. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For assessment purposes, 
where the respondent reported the entered value for its sales, we 
calculated importer-specific (or customer-specific) ad valorem 
assessment rates based on the ratio of the total amount of the dumping 
duties calculated for the examined sales to the total entered value of 
those same sales.\10\ However, where the respondent did not report the 
entered value for its sales, we will calculate importer-specific (or 
customer-specific) per-unit duty assessment rates. We will instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review if any per-unit duty assessment rate calculated in the final 
results of this review is above de minimis (i.e., at or above 0.50 
percent). For any individually examined respondents whose weighted-
average dumping margin is above de minimis in the final results, we 
will calculate importer-specific ad valorem duty assessment rates based 
on the ratio of the total amount of antidumping duties calculated for 
the importer's examined sales to the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Pursuant to 19 CFR 
351.106(c)(2), we intend to instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is zero or 
de minimis (i.e., less than 0.50 percent).\11\
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    \10\ See 19 CFR 351.212(b).
    \11\ See 19 CFR 351.106(c)(1).
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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 Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, 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

[[Page 48145]]

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 to Importers

    This notice also serves as a preliminary 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 double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: July 31, 2013 .
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Date of Sale
3. Discussion of Methodology
4. Product Comparisons
5. Export Price and Constructed Export Price
6. Normal Value
7. Cost of Production Analysis
8. Currency Conversion

[FR Doc. 2013-19096 Filed 8-6-13; 8:45 am]
BILLING CODE 3510-DS-P