[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Notices]
[Pages 50684-50686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18333]


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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; 2014-2015

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, 2014, through June 30, 
2015. The Department selected two respondents for individual review, 
Jindal Poly Films Limited of India (Jindal) and SRF Limited (SRF). The 
Department preliminarily determines that both Jindal and SRF made 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.'' If these preliminary results are 
adopted in the final results, the Department will instruct U.S. Customs 
and Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries of subject merchandise during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective August 2, 2016.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482-4956; 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. 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; 2014-2015'' (Preliminary Decision 
Memorandum), which is dated concurrently with these preliminary results 
and hereby adopted by this notice.

Partial Rescission of Administrative Review

    On April 1, 2015, the Department published in the Federal Register 
a notice of opportunity to request an administrative review of the AD 
order on PET Film from India.\1\ The Department received multiple 
timely requests for an administrative review of the AD order on PET 
Film from India and on September 2, 2015, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (``the Act''), the 
Department initiated a review of nine companies in this proceeding.\2\ 
In response to timely filed withdrawal requests, we are rescinding this 
administrative review with respect to Ester, MTZ, Polyplex, Vacmet, and 
Uflex pursuant to 19 CFR 351.213(d)(1).\3\ Accordingly, the companies 
subject to the instant review are: Jindal, SRF, Gaware, and Vacmet 
India, of which the Department has selected Jindal and SRF as the 
mandatory respondents.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To RequestAdministrative 
Review, 80 FR 37583 (July 1, 2015).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106 (September 2, 2015) (Initiation 
Notice). The nine companies were Ester Industries Limited (Ester), 
Garware Polyester Ltd. (Garware), Jindal, MTZ Polyesters Ltd. (MTZ), 
Polyplex Corporation Ltd. (Polyplex), SRF, Uflex Ltd. (Uflex), 
Vacmet, and Vacmet India.
    \3\ For Additional Information see The Preliminary Decision 
Memorandum at ``Partial Rescission.''
    \4\ See Respondent Selection Memorandum.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of 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

[[Page 50685]]

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 average of the rates calculated for Jindal and 
SRF in this review, in accordance with section 735(c)(5) of the Act. 
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, 2014, 
through June 30, 2015.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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Jindal Poly Films Limited \5\...............................        0.82
SRF Limited.................................................        0.56
Garware Polyester Ltd.......................................        0.77
Vacmet India................................................        0.77
------------------------------------------------------------------------

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.\6\ 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.\7\ 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.\8\ 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.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\ 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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    \5\ The Initiation Notice lists the company as Jindal Poly Films 
Limited of India.
    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(ii).
    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ 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.\11\ 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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    \11\ 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 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 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 Ester, MTZ, Polyplex, Uflex, and Vacmet 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 and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of doubled 
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).


[[Page 50686]]


    Dated: July 27, 2016.
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. 2016-18333 Filed 8-1-16; 8:45 am]
 BILLING CODE 3510-DS-P