[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46956-46957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19357]


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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; 2013

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, 2013, through December 31, 
2013. We preliminarily determine that Jindal Poly Films Limited of 
India (Jindal) and SRF Limited (SRF) 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 6, 2015.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, 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.

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, Vacmet, 
and Vacmet India Limited, 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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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. 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.

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, Deputy Assistant 
Secretary for Enforcement and Compliance, titled ``Decision Memorandum 
for the Preliminary Results and Partial Rescission of the 
Countervailing Duty (CVD) Administrative Review of Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from India; 2013'' 
(Preliminary Decision Memorandum), dated concurrently with, 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 (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the

[[Page 46957]]

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://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Companies Not Selected for Individual Review

    For the companies not selected for individual review (Ester, 
Garware, Polyplex, Vacmet, and Vacmet India Limited), because the rates 
calculated for Jindal and SRF were above de minimis and not based 
entirely on facts available, we applied, consistent with section 
705(c)(5)(A) of the Act, a subsidy rate based on a weighted average of 
the subsidy rates calculated for Jindal and SRF using publicly ranged 
sales data submitted by respondents.

Preliminary Results of Review

    We determine the total estimated net countervailable subsidy rates 
for the period January 1, 2013, through December 31, 2013 to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
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Jindal Poly Films of India Limited......................            9.86
SRF Limited.............................................            2.11
Ester Industries Limited................................            6.65
Garware Polyester Ltd...................................            6.65
Polyplex Corporation Ltd................................            6.65
Vacmet..................................................            6.65
Vacmet India Limited....................................            6.65
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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.\4\ 
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.\5\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\6\ 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.\7\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \6\ See 19 CFR 351.309(d)(2).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing, must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\8\ 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.\9\ 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.\10\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due 
date.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(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 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties on all appropriate entries covered by this review. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most-recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 31, 2015.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Partial Rescission of Administrative Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
7. Recommendation

[FR Doc. 2015-19357 Filed 8-5-15; 8:45 am]
BILLING CODE 3510-DS-P