[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39677-39679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17177]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2016

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the

[[Page 39678]]

countervailing duty (CVD) order on polyethylene terephthalate film, 
sheet, and strip (PET film) from India. The period of review (POR) is 
January 1, 2016, through December 31, 2016. We preliminarily determine 
that Jindal Poly Films Limited of India (Jindal) and SRF Limited/SRF 
Limited of India (SRF) received countervailable subsidies during the 
POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Elfi Blum and Kathryn Wallace, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0197 and (202) 482-6251, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2017, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on PET film from India, for the period July 1, 
2016, through June 30, 2017.\1\ In accordance with sections 751(a)(1) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.213(b)(2) and (3), in July 2017, we received five review requests. 
DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and SKC, Inc. 
(collectively, the petitioners) requested reviews of Ester Industries 
Limited (Ester), Garware Polyester Ltd. (Garware), Polyplex Corporation 
Ltd. (Polyplex), SRF, Jindal, and Vacmet India Limited (Vacmet). 
Additionally, Polyplex USA LLC requested reviews for Ester, Garware, 
Jindal, MTZ Polyesters Ltd. (MTZ), Polyplex, SRF Limited, Uflex Ltd. 
(Uflex), and Vacmet. Finally, Chiripal Poly Films Limited (Chiripal), 
SRF, and Jindal each self-requested to be reviewed in the instant 
review.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 30833 (July 3, 2017).
---------------------------------------------------------------------------

    Subsequently, on September 13, 2017, in accordance with 19 CFR 
351.222(c)(1)(i), Commerce published a notice of initiation of an 
administrative review of the antidumping duty order on PET Film from 
India.\2\
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
---------------------------------------------------------------------------

    On October 3, 2017, we placed on the record U.S. Customs and Border 
Protection (CBP) import data for purposes of respondent selection, and 
invited parties to comment.\3\ On October 10, 2017, SRF and Jindal each 
submitted comments requesting selection for individual examination.\4\ 
Subsequently, SRF,\5\ Jindal Poly Films Ltd. (India) \6\ each timely 
withdrew their requests for review. Polyplex USA timely withdrew its 
requests for a review on December 12, 2016, for all companies.\7\
---------------------------------------------------------------------------

    \3\ See Memorandum ``Administrative Review of the Countervailing 
Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Release of U.S. Customs Entry Data for Respondent Selection'' 
dated October 3, 2017.
    \4\ See SRF's CBP Comments; see also Jindal's Letter, ``PET Film 
from India: Comments on CBP Data'' dated October 10, 2017.
    \5\ See SRF's Letter, ``Withdrawal of Request for Countervailing 
Duty Admin Review of SRF Limited (SRF)'' dated December 11, 2017.
    \6\ See Jindal's Letter, ``Withdraw Requests for Administrative 
Review of the Antidumping Duty Order and Countervailing Duty Order'' 
dated December 10, 2017.
    \7\ Polyplex USA's Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Request of Partial Withdrawal of 
Administrative Review,'' dated December 12, 2017.
---------------------------------------------------------------------------

    On January 23, 2018, Commerce issued a memorandum tolling all 
deadlines for this investigation by three days due to the shutdown of 
the federal government.\8\ On March 23, 2018,\9\ and June 1, 2018, we 
extended the deadline for the preliminary results of this review to 
August 3, 2018.
---------------------------------------------------------------------------

    \8\ See Memorandum,'' Deadlines Affected by the Shutdown of the 
Federal Government'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \9\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review--2016'' dated 
March 23, 2018; see also Memorandum, ``Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review'' 
dated June 1, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order 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.

Partial Rescission of Administrative Review

    Commerce initiated a review of ten companies in this segment of the 
proceeding.\10\ In response to timely filed withdrawal requests, we are 
rescinding this administrative review with respect to Uflex and MTZ, 
pursuant to 19 CFR 351.213(d)(1). Accordingly, the companies subject to 
the instant review are: Ester Industries Ltd.; Garware Polyester Ltd.; 
Jindal; Polyplex Corporation Ltd.; SRF; and Vacmet India Limited, of 
which Commerce has selected Jindal and SRF as the mandatory 
respondents.\11\
---------------------------------------------------------------------------

    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974, 42974 (September 13, 2017). The 
ten companies were Chiripal, Ester, Garware, Jindal, MTZ, Polyplex, 
SRF (as SRF Limited and SRF Limited of India), Uflex, and Vacmet).
    \11\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Selection of Respondents for Individual 
Examination'' dated November 27, 2017.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of 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.\12\ For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, dated concurrently with, and hereby 
adopted by, this notice. A list of topics included in the Preliminary 
Decision Memorandum is included as an Appendix to this notice.
---------------------------------------------------------------------------

    \12\ 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.
---------------------------------------------------------------------------

    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 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, because the 
rates calculated for Jindal and SRF were above de minimis and not based 
entirely on facts available, we applied,

[[Page 39679]]

consistent with section 705(c)(5)(A) of the Act, a subsidy rate based 
on a simple average of the subsidy rates calculated for Jindal and SRF 
because publicly ranged sales data was not submitted by respondents.

Preliminary Results of Review

    We preliminarily determine the total estimated net countervailable 
subsidy rates for the period January 1, 2016, through December 31, 2016 
to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal Poly Films Limited of India......................           10.71
SRF Limited.............................................            7.47
Ester Industries Limited................................            9.09
Garware Polyester Ltd...................................            9.09
Polyplex Corporation Ltd................................            9.09
Vacmet India Limited....................................            9.09
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce 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.\13\ 
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.\14\ Rebuttal briefs must be limited to issues raised in the 
case briefs.\15\ 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.\16\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \15\ See 19 CFR 351.309(d)(2).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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.\17\ 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, 1401 Constitution Avenue 
NW, Washington, DC 20230, at a time and location to be determined.\18\ 
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.\19\ 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.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310.
    \19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to 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

    Upon issuance of the final results, Commerce 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, Commerce 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: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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. 2018-17177 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P