[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50616-50618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Recission of Countervailing Duty 
Administrative Review; 2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review under the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet and strip (PET film) from India 
for the period of review (POR) January 1, 2012, through December 31, 
2012. We preliminarily determine that SRF Limited (SRF) and Jindal Poly 
Films Limited of India (Jindal) received countervailable subsidies 
during the POR. See the ``Preliminary Results of Review'' section, 
below. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: August 25, 2014.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Myrna Lobo, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197 or (202) 482-2371, respectively.

Scope of the Order

    For purposes of the order, the products covered are all gauges of 
raw, pretreated, or primed polyethylene terephthalate film, sheet and 
strip, whether extruded or coextruded.

[[Page 50617]]

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 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.

Partial Rescission of Administrative Review

    On August 28, 2013, the Department initiated a review of eight 
companies in this proceeding.\1\ On December 12, 2013, Petitioners and 
SRF timely withdrew their requests for review. On the same date, 
Polyplex USA and Flex USA (domestic interested parties) timely withdrew 
their requests for reviews of all companies except Jindal and SRF.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocations in Part, 78 FR 
53128 (August 28, 2013). The eight companies were Ester Industries 
(Ester), Garware Polyester Ltd. (Garware), Jindal, MTZ Polyesters 
Ltd. (MTZ), Polyplex Corporation Ltd. (Polyplex), SRF, Uflex Limited 
(Uflex), and Vacmet. DuPont Teijin Films, Mitsubishi Polyester Film, 
Inc., and SKC, Inc. (collectively Petitioners) requested a review 
for six companies (Ester, Garware, Polyplex, SRF, Jindal, and 
Vacmet). Polyplex, USA LLC (Polyplex USA) and Flex Films (USA) Inc. 
(Flex USA) requested a review for eight companies (SRF, Jindal, 
Polyplex, Garware, Ester, Uflex, MTZ, and Vacmet). In addition, SRF 
self-requested an administrative review.
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    On December 18, 2013, Jindal and SRF filed a request with the 
Department to reject Polyplex USA's and Flex USA's review requests in 
both the antidumping duty and CVD proceedings because, they alleged, 
the requestors did not have standing to request a review for the 
current PORs. The Department made an interested party determination on 
March 20, 2014, concluding that Polyplex USA and Flex USA were eligible 
to request administrative reviews for this proceeding.\2\
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    \2\ See Memorandum to Edward Yang, Director AD/CVD Operations, 
Office VII, Enforcement and Compliance re: Interested Party Status 
in the Antidumping Duty (AD) and Countervailing Duty (CVD) 
Administrative Reviews: Polyethylene Terephthalate Film, Sheet, and 
Strip (PET film) from India; 2012-2013 (March, 20, 2013).
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    As Petitioners', Polyplex USA's, and Flex USA's review and 
withdrawal requests were timely filed, we are rescinding this 
administrative review with respect to Polyplex, Garware, Ester, Uflex, 
MTZ, and Vacmet (pursuant to 19 CFR 351.213(d)(1)), and proceeding with 
the reviews of Jindal and SRF.

Methodology

    The Department conducted this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\3\ For a full description of the 
methodology underlying our conclusions, see the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, titled Decision Memorandum 
for the Preliminary Results of Countervailing Duty (CVD) Administrative 
Review: Polyethylene Terephthalate Film, Sheet and Strip from India 
(Preliminary Decision Memorandum), dated concurrently with these 
preliminary results and hereby adopted by this notice.
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties 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 at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    We determine the total estimated net countervailable subsidy rates 
for the period January 1, 2012, through December 31, 2012 to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                              rate (%)
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SRF Limited..................................................       2.08
Jindal Poly Films Limited....................................       8.36
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Assessment Rates and Cash Deposit Requirements

    In accordance with 19 CFR 351.221(b)(4)(i), the Department assigned 
a subsidy rate for each producer/exporter subject to this 
administrative review. If these preliminary results are adopted in the 
final results of this review, 15 days after publication of the final 
results of this review the Department intends to instruct U.S. Customs 
and Border Protection (CBP) to liquidate shipments of subject 
merchandise produced and/or exported by SRF and Jindal, entered or 
withdrawn from warehouse, for consumption from January 1, 2012, through 
December 31, 2012, at 2.08 percent ad valorem and 8.36 percent ad 
valorem, respectively, of the entered value.
    The Department intends also to instruct CBP to collect cash 
deposits of estimated CVDs at the rate of 2.08 percent ad valorem and 
8.36 percent ad valorem, respectively, of the entered value on 
shipments of the subject merchandise produced and/or exported by SRF 
and Jindal, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review.\4\ 
We intend to instruct CBP to continue to collect cash deposits for non-
reviewed companies at the applicable company-specific CVD rate for the 
most recent period or all-others rate established in the investigation. 
These cash deposit rates, when imposed, shall remain in effect until 
further notice.
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    \4\ See section 751(a)(2)(C) of the Act.
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\5\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\6\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\7\ Parties who submit case or rebuttal briefs are requested to 
submit with the argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\8\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \7\ See 19 CFR 351.309(d)(2).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must do so within 30 days of publication of these 
preliminary results by submitting a written request to the Assistant 
Secretary for Enforcement and

[[Page 50618]]

Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's IA ACCESS system.\9\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\10\ Parties should confirm by telephone the date, 
time, and location of the hearing. Issues addressed at the hearing will 
be limited to those raised in the briefs.\11\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through IA ACCESS by 5:00 p.m. Eastern Time on the due 
date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310.
    \11\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 75l(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.
    These preliminary results of review are issued and published in 
accordance with sections 75l(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.221(b)(4).

     Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Partial Rescission of Administrative Review
4. Subsidies Valuation
5. Analysis of Programs

[FR Doc. 2014-20154 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P