[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48123-48125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19796]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
exporters of polyethylene terephthalate film, sheet, and strip (PET 
film) from India sold subject merchandise below normal value. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable September 12, 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 July 3, 2018, 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, 
2017 through June 30, 2018.\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 2018, we received requests for reviews of the following 
companies: Ester Industries Limited (Ester); Garware Polyester Ltd. 
(Garware); MTZ Polyesters Ltd. (MTZ); Polyplex Corporation Ltd. 
(Polyplex); SRF Limited of India (SRF); Jindal Poly Films Ltd. (India) 
(Jindal); 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, 83 FR 31121 (July 3, 2018); see also See Notice of Amended 
Final Antidumping Duty Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Polyethylene Film, Sheet, and 
Strip from India 67 FR 44176 (July 1, 2002) (Order).
    \2\ See Petitioners' Letter, ``Polyethylene Terephthalate (PET) 
Film, Sheet, and Strip from India: Request for Antidumping Duty 
Administrative Review,'' dated July 31, 2018; see also Polyplex USA 
LLC's Letter, ``Polyethylene Terephthalate (PET) Film, Sheet, and 
Strip from India: Request for Antidumping Duty Administrative 
Review,'' dated July 27, 2018; Jindal's Letter, ``Polyethylene 
Terephthalate (PET) Film, Sheet, and Strip from India: Request for 
Administrative Review,'' dated July 30, 2018; and SRF Limited's 
Letter, ``Polyethylene Terephthalate (PET) Film from India: Requests 
for Antidumping Admin Review,'' dated July 30, 2018.
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    Subsequently, on September 10, 2018, in accordance with 19 CFR 
351.221(b)(1), 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, 83 FR 45596 (September 10, 2018) (Initiation 
Notice).
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    On September 25, 2018, 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\ On November 1, 2018, we released the CBP 
import data again for Jindal to have the opportunity to submit 
comments, since it did not receive its APO until after the original 
deadline for comments had passed.\5\
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    \4\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip (PET) Film from India: Release of U.S. Customs Entry Data 
for Respondent Selection; 2017-2018,'' dated September 25, 2018 
(September 2018 Import Data Memo). The ``Countervailing Duty Order'' 
in the title is an error. This is the Import Data for the 
antidumping duty administrative review as indicated by the case 
number (A-533-824) in the upper right-hand corner.
    \5\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip Film from India: Release of U.S. Customs Entry Data for 
Respondent Selection; 2017-2018,'' dated November 1, 2018 (November 
2018 Import Data Memo). The ``Countervailing Duty Order'' in the 
title is an error. This is the Import Data for the antidumping duty 
administrative review as indicated by the case number (A-533-824) in 
the upper right-hand corner.
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    On December 12, 2018, 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.\6\
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    \6\ 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 
December 12, 2018 (Respondent Selection Memorandum). SRF Limited of 
India and SRF limited are the same company.
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    We issued our initial questionnaires to Jindal and SRF on March 14, 
2019. The deadline for withdrawal requests was December 9, 2018.\7\
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    \7\ See 19 CFR 351.213(d)(1).
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    On January 28, 2019, Commerce issued a memorandum tolling all 
deadlines for this administrative review by 40 days.\8\ On May 8, 2019, 
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 65 days, from May 13, 2019, to July 16, 
2019.\9\ On July 5, 2019, 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 52 days. The current deadline 
is September 6, 2019.\10\
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    \8\ 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.
    \9\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review'' dated May 8, 2019.
    \10\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Extension of Deadline for Preliminary Results 
of Antidumping Duty Administrative Review (2017-2018),'' dated July 
5, 2019.

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[[Page 48124]]

Scope of the Order

    The merchandise subject to the Order is PET film and is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00.90. A full description of the 
scope of the Order is contained in the accompanying Preliminary 
Decision Memorandum.\11\
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    \11\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Polyethylene Terephthalate Film, Sheet, and Strip from 
India; 2017-2018,'' dated concurrently with, and hereby adopted, by 
this notice (Preliminary Decision Memorandum) at 2-3.
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Partial Rescission of Administrative Review

    Commerce initiated a review of eight companies in this 
proceeding.\12\ We are rescinding this administrative review with 
respect to MTZ and Uflex, pursuant to 19 CFR 351.213(d)(1), because all 
review requests of these companies were timely withdrawn.\13\ 
Accordingly, the companies that remain subject to the instant review 
are: Ester; Garware; Jindal; Polyplex; SRF; and Vacmet.
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    \12\ See Initiation Notice.
    \13\ See Preliminary Decision Memorandum at 4.
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Companies Not Selected for Individual Examination

    Based upon the guidance provided in section 735(c)(5) of the Tariff 
Act of 1930, as amended (the Act), we have preliminarily assigned to 
those companies not selected for individual examination the rate 
calculated for Jindal in this administrative review. Because SRF's 
preliminary rate is de minimis, we are not including it in the 
calculation for companies not selected for individual examination.\14\
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    \14\ See the 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.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2017, 
through June 30, 2018.

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
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Jindal Poly Films Ltd. (India)..........................            6.55
SRF Limited of India....................................            0.00
Ester Industries Limited................................            6.55
Garware Polyester Ltd...................................            6.55
Polyplex Corporation Ltd................................            6.55
Vacmet India Limited....................................            6.55
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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 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.\15\ 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.\16\
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    \15\ See 19 CFR 351.309(d).
    \16\ 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 issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For any 
individually examined respondents whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\17\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is not zero or de minimis. If either individually-selected respondents' 
weighted-average dumping margin is zero or de minimis, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review where applicable.
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    \17\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Jindal 
Poly Films (India) or SRF Limited of India for which each company did 
not know that the merchandise was destined for the United States, we 
will instruct CBP to liquidate those entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction. We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of

[[Page 48125]]

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.\18\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \18\ See Order.
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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: September 6, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price and Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2019-19796 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P