[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
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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).
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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