[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50620-50621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2012-2013

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty (AD) order on 
polyethylene terephthalate film, sheet, and strip (PET Film) from 
India. The period of review (POR) is July 1, 2012, through June 30, 
2013. This review covers respondents Jindal Poly Films Limited (Jindal) 
and SRF Limited (SRF). The Department preliminarily determines that 
Jindal did, and that SRF 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 25, 2014.

FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398; 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.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is polyethylene terephthalate 
film, sheet, and strip. The PET Film subject to the order is currently 
classifiable under subheading 3920.62.00.90 of the Harmonized Tariff 
Schedule of the United States (HTSUS). The HTSUS subheading is provided 
for convenience and customs purposes. A full description of the scope 
of the order is contained in 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, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2012-2013 
Administrative Review'' (Preliminary Decision Memorandum), which is 
hereby adopted by this notice. The written description is dispositive.
    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). 
Access to 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 on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

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 
timely withdrew their requests for all companies except Jindal. On the 
same date, SRF and Jindal timely withdrew their self-requested reviews. 
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, 
Jindal and SRF self-requested administrative reviews.
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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 AD and the countervailing duty 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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    Because Petitioners', Polyplex USA's, and Flex USA's withdrawal 
requests were timely filed, we are rescinding this administrative 
review with respect to Polyplex, Garware, Ester, Uflex, MTZ, and 
Vacmet, and proceeding with the review of Jindal and SRF.\3\
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    \3\ See 19 CFR 351.213(d)(1).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is 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.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2012, 
through June 30, 2013.

[[Page 50621]]



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                                                              Weighted-
                   Manufacturer/exporter                       average
                                                              margin (%)
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Jindal Poly Films Limited..................................         1.57
SRF Limited................................................         0.00
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Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\4\ Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs no later than 30 
days after the date of publication of this notice.\5\ 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.\6\ 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.\7\ Case and 
rebuttal briefs should be filed using IA ACCESS.\8\ In order to be 
properly filed, IA ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time.
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), 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 Enforcement and 
Compliance, filed electronically via IA ACCESS, 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.
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    \9\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this administrative 
review, including the results of its analysis of the 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.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We intend to issue instructions to CBP 15 days after the 
date of publication of the final results of this review.
    If Jindal's or SRF's weighted-average dumping margins are not zero 
or de minimis (i.e., less than 0.5 percent) in the final results of 
this review, we will calculate an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where the respondents' 
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 the appropriate entries without regard to antidumping duties.

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 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 Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Secretary'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: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Partial Rescission
4. Scope of the Order
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2014-20155 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P