[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46957-46959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19356]


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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. 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, 2013, through June 30, 
2014. The Department preliminarily determines that Jindal did not, and 
that SRF did, 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 6, 2015.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482-2371; AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 46958]]

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. The written description is 
dispositive. 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 and Partial Rescission of 
Antidumping Duty Administrative Review: Polyethylene Terephthalate 
Film, Sheet, and Strip from India; 2013-2014'' (Preliminary Decision 
Memorandum), which is dated concurrently with these preliminary results 
and hereby adopted by this notice.

Partial Rescission of Administrative Review

    The Department initiated a review of eight companies in this 
proceeding.\1\ In response to timely filed withdrawal requests, we are 
rescinding this administrative review with respect to MTZ and Uflex 
pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies subject to 
the instant review are: Ester, Garware, Polyplex, SRF, Jindal and 
Vacmet, of which the Department has selected Jindal and SRF as the 
mandatory respondents.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation 
Notice). The seven companies were Ester Industries Limited (Ester), 
Garware Polyester Ltd. (Garware), Jindal Poly Films Limited of India 
(Jindal), MTZ Polyesters Ltd. (MTZ), Polyplex Corporation Ltd. 
(Polyplex), SRF Limited (SRF), and Vacmet. See also, Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 79 FR 
76956 (December 23, 2014). The one additional company was Uflex Ltd 
(Uflex), which was inadvertently omitted from the prior initiation 
notice.
    \2\ See Preliminary Decision Memorandum.
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Methodology

    The Department is conducting 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. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
Appendix to this notice.
    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 (``ACCESS''). 
ACCESS is available to registered users at https://access.trade.gov/login.aspx and it is available to all parties in the Central Records 
Unit, room B8024 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/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Companies Not Selected for Individual Review

    We preliminarily assign to those companies not selected for 
individual review the rate calculated for SRF in this review, in 
accordance with section 735(c)(5) of the Act. See 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, 2013, 
through June 30, 2014.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited \3\...............................        0.00
SRF Limited.................................................        0.79
Ester Industries Limited....................................        0.79
Garware Polyester Ltd.......................................        0.79
Polyplex Corporation Limited................................        0.79
Vacmet......................................................        0.79
------------------------------------------------------------------------

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 ACCESS.\8\ In order to be 
properly filed, ACCESS must successfully receive an electronically-
filed document in its entirety by 5:00 p.m. Eastern Time.
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    \3\ The Initiation Notice lists the company as Jindal Poly Films 
Limited of India.
    \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 must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
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 will instruct CBP to liquidate entries of merchandise 
produced and/or exported by respondent companies. We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    For the individually examined respondents Jindal and SRF, if the 
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 importer-specific (or customer-specific) ad valorem 
assessment rates 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

[[Page 46959]]

351.212(b)(1). 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. 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.
    For companies MTZ and Uflex, for which this review is rescinded, we 
will instruct CBP to assess antidumping duties at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse for consumption, in accordance with 
19 CFR 351.212(c)(1)(i).

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 and 19 CFR 351.213(h)(1) 
and 351.221(b)(4).

    Dated: July 30, 2015.
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. Companies Not Selected for Individual Review
12. Recommendation

[FR Doc. 2015-19356 Filed 8-5-15; 8:45 am]
BILLING CODE 3510-DS-P