[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9092-9094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04624]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results 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) determines that Jindal 
Poly Films Ltd. (India) made sales of subject merchandise below normal 
value, and that SRF Limited of India did not. The period of review 
(POR) is July 1, 2016, through June 30, 2017.

DATES: Applicable March 13, 2019.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith at (202) 482-
5255, AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On August 10, 2018, Commerce published the Preliminary Results.\1\ 
For a history of events that have occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\2\ On

[[Page 9093]]

November 27, 2018, we extended the deadline for these Final Results 
from December 10, 2018 until January 11, 2019.\3\ Commerce exercised 
its discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018, through the resumption of 
operations on January 29, 2019.\4\ Accordingly, the revised deadline 
for these Final Results of this administrative review became February 
20, 2019. On February 14, 2019, we extended the deadline for these 
Final Results until March 6, 2019.\5\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2016-2017, 83 FR 39667 (August 10, 2018) 
(Preliminary Results).
    \2\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film from India; 2016-2017 Administrative 
Review'' (Issues and Decision Memorandum), dated concurrently with, 
and hereby adopted by, this notice.
    \3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,--2016-2017,'' dated November 
27, 2018.
    \4\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \5\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,--2016-2017,'' dated February 
14, 2019.
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Scope of the Order

    The merchandise subject to the order is polyethylene terephthalate 
film, sheet, and strip (PET Film). 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.\6\
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    \6\ For a full description of the scope of the order see the 
Issues and Decision Memorandum.
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs that were 
submitted by interested parties are discussed in the Issues and 
Decision Memorandum. The Issues and 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, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.
    A list of the issues that parties raised, and to which we responded 
in the Issues and Decision Memorandum, is attached to this notice in 
the Appendix.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from parties, we 
made certain changes to Jindal's margin calculations \7\ and SRF's 
margin calculations.\8\
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    \7\ See Issues and Decision Memorandum; see also Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Jindal Poly Films Limited (Jindal), dated 
concurrently with this memorandum (Jindal Final Analysis Memo).
    \8\ See Issues and Decision Memorandum; see also Analysis 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: SRF Limited (SRF), dated concurrently with this 
memorandum (SRF Final Analysis Memo).
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Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margins for the period July 1, 2016, through June 30, 
2017.
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    \9\ As we noted in the Preliminary Results, Commerce has 
determined that Jindal Poly Films Limited of India is the same 
company as Jindal Poly Films Ltd. (India).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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Jindal Poly Films Limited of India \9\......................        5.95
SRF Limited/SRF Limited of India............................        0.00
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of these Final 
Results, in accordance with section 751(a) and 19 CFR 351.224(b).

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. Because SRF's weighted-
average dumping margin have been determined to be zero or de minimis 
within the meaning of 19 CFR 351.106(c), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
Commerce intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review. For Jindal, we 
will base the assessment rate for the corresponding entries on the 
margin listed above.
    For entries of subject merchandise produced by Jindal or SRF for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate established in the less-than fair value (LTFV) 
investigation, 5.71 percent,\10\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\11\ Pursuant to 
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard 
to antidumping duties any entries produced and/or exported by SRF 
during the POR.
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    \10\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: 
Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 
44175 (July 1, 2002) (Amended Final Determination).
    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Proceedings; Final 
Modification, 77 FR 8101, 8102 (February 14, 2012) (Final 
Modification).
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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 will be zero percent 
for merchandise exported by SRF; (2) the cash deposit rate will be 5.95 
percent for merchandise exported by Jindal; (3) 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; (4) 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 (5) 
the cash deposit rate for all other manufacturers or exporters is 5.71 
percent.\12\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ See Amended Final Determination.
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Notification to Interested Parties

    This notice also serves as a final 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

[[Page 9094]]

occurred and the subsequent assessment of double antidumping duties.

Notifications to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    Commerce is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: March 5, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Changes Made Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether To Grant Certain Post-Sale Price Adjustments 
to Jindal for the Final Results
    Comment 2: Whether To Continue To Grant Certain Post-Sale Price 
Adjustments to SRF for the Final Results
    Comment 3: Whether To Use the Export Subsidy Rates Calculated in 
the 2016 Countervailing Duty Administrative Review as the Export 
Subsidy Offset in This Administrative Review
    Comment 4: Whether To Revise Jindal's Home Market and Margin 
Programs
    Comment 5: Whether To Revise SRF's Home Market Program
VII. Recommendation

[FR Doc. 2019-04624 Filed 3-12-19; 8:45 am]
 BILLING CODE 3510-DS-P