[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39667-39670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17178]


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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; 2016-2017

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 antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (PET film) from India. The period 
of review (POR) is July 1, 2016, through June 30, 2017. This review 
covers mandatory respondents Jindal Poly Films Ltd. (India) and SRF 
Limited of India, producers and exporters of PET film from India. 
Commerce preliminarily determines that sales of subject merchandise 
have been made below normal value by Jindal Poly Films Ltd. (India), 
and that sales of subject merchandise have not been made below normal 
value by SRF Limited of India during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.

[[Page 39668]]


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 section 751(a)(1) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(b)(1), 
in July 2017, we received requests for reviews of the following 
companies: Chiripal Poly Films Limited (Chiripal); Ester Industries 
Limited (Ester); Garware Polyester Ltd. (Garware); MTZ Polyesters Ltd. 
(MTZ); Polyplex Corporation Ltd. (Polyplex); SRF Limited; SRF Limited 
of India; Jindal Poly Films Ltd. (India); Uflex Ltd. (Uflex); and 
Vacmet India Limited (Vacmet).\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 30833 (July 3, 2017).
    \2\ See the Petitioners' Letter, ``Polyethylene Terephthalate 
Film, Sheet, and Strip (PET Film) from India, Request for 
Antidumping Duty Administrative Review,'' dated July 31, 2017. See 
also the Petitioners' Letter, ``Polyethylene Terephthalate Film, 
Sheet, and Strip (PET Film) from India, Amended Request for 
Antidumping Duty Administrative Review,'' dated August 11, 2017. See 
also the Petitioners' Letter, ``Polyethylene Terephthalate Film, 
Sheet, and Strip (PET Film) from India, Amended Request for 
Antidumping Duty Administrative Review,'' dated August 30, 2017; see 
also Polyplex USA LLC's Letter, ``Polyethylene Terephthalate Film, 
Sheet, and Strip (PET Film) from India: Request for Antidumping Duty 
Administrative Review,'' dated July 28, 2017. See also Polyplex's 
Letter, ``Polyethylene Terephthalate Film, Sheet, and Strip (PET 
Film) from India: Request for Antidumping Duty Administrative 
Review,'' dated August 29, 2017; see also SRF Limited's Letter, 
``Polyethylene Terephthalate Film, (PET Film) from India/Request for 
Antidumping Admin Review/SRF Limited,'' dated July 31, 2017; see 
also Jindal's Letter, ``Polyethylene Terephthalate Film, (PET Film) 
from India/Request for Antidumping Admin Review/Jindal Poly Films 
Limited,'' dated July 27, 2017; see also Chiripal's Letter, 
``Polyethylene Terephthalate (PET) Film, Sheet and Strip from India: 
Request for Administrative Review of Anti-Dumping Duty of Chiripal 
Poly Films Limited,'' dated July 31, 2017.
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    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.\3\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
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    On September 27, 2017, we released U.S. Customs and Border 
Protection (CBP) import data to eligible parties under the 
Administrative Protective Order and invited interested parties to 
submit comments with respect to the selection of respondents for 
individual examination.\4\
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip (PET) Film from 
India: U.S. Customs Entries,'' dated September 27, 2017.
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    On November 20, 2017, Commerce determined to limit the number of 
companies subject to individual examination in this administrative 
review, and selected Jindal Poly Films Ltd. (India) (Jindal) and SRF 
Limited of India (SRF) as mandatory respondents.\5\
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    \5\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Selection of Respondents for Individual Examination,'' dated 
November 20, 2017 (Respondent Selection Memorandum). SRF Limited of 
India and SRF limited are the same company. See Memorandum, 
``Decision Memorandum for the Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2016-2017,'' dated 
concurrently with, and hereby adopted, by this notice (Preliminary 
Decision Memorandum) at 2-3.
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    We issued our initial questionnaires to Jindal and SRF on November 
24, 2017, and November 27, 2017, respectively. The deadline for 
withdrawal requests was December 12, 2017.\6\ All review requests were 
timely withdrawn for two companies, MTZ and Uflex.
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    \6\ See 19 CFR 351.213(d)(1).
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    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.\7\ On March 22, 2018, in accordance with 
section 751(a)(3)(A) of the Act, and 19 CFR 351.213(h)(2), Commerce 
extended the due date for the preliminary results by an additional 60 
days, from April 5, 2018, to June 4, 2018.\8\ On June 1, 2018, in 
accordance with section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(2), Commerce extended the due date for the preliminary 
results by an additional 60 days. The current deadline is August 3, 
2018.\9\
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    \7\ 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.
    \8\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review (2016-2017),'' dated March 
22, 2018.
    \9\ See Memorandum, ``Polyethylene Terephthalate Film from 
Taiwan: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review (2016-2017),'' dated June 1, 2018.
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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 
proceeding.\10\ We are rescinding this administrative review with 
respect to MTZ and Uflex, pursuant to 19 CFR 351.213(d)(1), because all 
review request of these companies were timely withdrawn.\11\ 
Accordingly, the companies that remain subject to the instant review 
are: Chiripal; Ester; Garware; Jindal; Polyplex, SRF; and Vacmet India 
Limited.
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    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
    \11\ See Preliminary Decision Memorandum.
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Methodology

    Commerce 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. Normal value 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 
included in the Preliminary Decision Memorandum is included 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 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. In addition, 
a complete version of the Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

[[Page 39669]]

Companies Not Selected for Individual Review

    In accordance with section 735(c)(5) of the Tariff Act of 1930, as 
amended (the Act), we preliminarily assign to those companies not 
selected for individual review the rate calculated for Jindal in this 
review, because SRF's rate is de minimis.\12\
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    \12\ See the Preliminary Decision Memorandum.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2016, 
through June 30, 2017.

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
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Jindal Poly Films Ltd. (India) \13\.....................            5.50
SRF Limited of India....................................            0.00
Garware Polyester Ltd...................................            5.50
Chiripal Poly Films Limited.............................            5.50
Polyplex Corporation Ltd................................            5.50
Ester Industries Limited................................            5.50
Vacmet India Limited....................................            5.50
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Disclosure and Public Comment
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    \13\ The Initiation Notice also lists the company as Jindal Poly 
Films Limited of India. Commerce has previously determined that 
Jindal Poly Films Limited of India is the same company as Jindal 
Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36735 
(August 7, 2017), and accompanying Preliminary Decision Memorandum 
at FN 1 (unchanged in Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Final Results of Antidumping Duty Administrative 
Review; 2015-2016, 83 FR 6162 (February 13, 2018)).
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    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs not later 
than 30 days after the date of publication of this notice. 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.\14\ 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.\15\
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    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.303 (for general filing requirements).
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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 Acting 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. 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. Commerce 
intends to 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, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\16\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy 
Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Assessment and 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, 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) the cash deposit rate for all 
other manufacturers or exporters is 5.71 percent.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Final Results of Antidumping Duty Administrative Review; 
2015-2016, 83 FR 6162 (February 13, 2018).
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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).

    Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order

[[Page 39670]]

V. Product Comparisons
VI. Comparison to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    3. Date of Sale
    4. Export Price
    5. Normal Value
    6. Calculation of Normal Value Based on Comparison Market Prices
    7. Currency Conversion
VII. Companies Not Selected
VIII. Recommendation

[FR Doc. 2018-17178 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P