[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 14883-14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05311]


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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; 2017-2018

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) (Jindal) made sales of subject merchandise 
below normal value, but that SRF Limited of India (SRF) did not make 
sale of subject merchandise below normal value. The

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period of review (POR) is July 1, 2017 through June 30, 2018.

DATES: Applicable March 16, 2020.

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.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2019, Commerce published the Preliminary 
Results.\1\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2017-2018, 84 FR 48123 (September 12, 
2019) (Preliminary Results).
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    On December 30, 2019, we extended these final results from January 
10, 2020 until March 10, 2020.\2\
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    \2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 30, 2019.
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Scope Of the Order

    The products covered by the order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet, and strip 
(PET Film), 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 currently 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.

Analysis of Comments Received

    We addressed all the issues raised in the case brief submitted by 
Jindal, the sole brief submitted by an interested party, in the the 
Issues and Decision Memorandum.\3\ We provided a list of all the issues 
raised by Jindal in the appendix to this notice. 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 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 and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film from India; 2017-2018 Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from Jindal 
regarding the Preliminary Results, we made certain revisions to the 
Jindal's home market and U.S. margin calculations.\4\ The Issues and 
Decision Memorandum contains additional details of these revisions. We 
also updated the export subsidies in the U.S. margin programs to 
account for changes in the concurrent countervailing duty 
administrative review for both Jindal and SRF.\5\
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    \4\ See Memorandum, ``Final Results of the Antidumping Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Jindal Poly Films Ltd. (India) (Jindal),'' dated 
concurrently with this memorandum (Jindal Final Calculation 
Memorandum).
    \5\ See Jindal Final Calculation Memo; see also Memorandum '' 
Final Results of the Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF 
Limited,'' dated concurrently with this memorandum.
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Manufacturer/exporter                       Margin
                                                               (percent)
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Jindal Poly Films Ltd. (India)..............................        4.45
SRF Limited of India........................................        0.00
Ester Industries Limited....................................        4.45
Garware Polyester Ltd.......................................        4.45
Polyplex Corporation Ltd....................................        4.45
Vacmet India Limited........................................        4.45
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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 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. 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.
    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,\6\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\7\ 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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    \6\ 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).
    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Proceedings; Final 
Modification, 77 FR 8101, 8102 (February 14, 2012).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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 LTFV

[[Page 14885]]

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.\8\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \8\ See Amended Final Determination.
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Notification to Interested Parties Regarding the Reimbursement of 
Duties

    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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a final 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.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: March 10, 2020.
Christian Marsh,
Deputy 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 Issues
    Comment 1: Whether Commerce Should Continue to Grant All of 
Jindal's Post-Sale Price Adjustments
    Comment 2: Whether to Revise Jindal's Home Market and Margin 
Programs
VII. Recommendation

[FR Doc. 2020-05311 Filed 3-13-20; 8:45 am]
 BILLING CODE 3510-DS-P