[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74690-74692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25857]


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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; 2018-2019

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, 2018 through June 30, 2019. This review 
covers Jindal Poly Films Ltd. (India), a producer and exporter of PET 
film from India. Commerce preliminarily determines that sales of 
subject merchandise have not been made below normal value by Jindal 
Poly Films Ltd. (India) during the POR. We are also rescinding on seven 
companies where timely requests for withdrawals were filed by all 
parties who requested the reviews. The seven companies are as follows: 
Ester Industries Limited; Garware Polyester Ltd.; MTZ Polyesters Ltd.; 
Polyplex Corporation Ltd.; SRF Limited of India; Uflex Ltd.; and Vacmet 
India Limited. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable November 23, 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 July 1, 2019, 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, 
2018 through June 30, 2019.\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 2019, 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\ In 
addition to the petitioners and Polyplex requesting a review of Jindal, 
Jindal self-requested.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 31295 (July 1, 2019).
    \2\ See Letter DuPont Teijin Films, Mitsubishi Polyester Film, 
Inc., and SKC, Inc. (collectively, petitioners), ``Polyethylene 
Terephthalate Film, Sheet, and Strip (PET Film) from India, Request 
for Antidumping Duty Administrative Review,'' dated July 15, 2019 
(Petitioners' Review Request); see also Letter Polyplex USA LLC, 
``Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
India: Polyplex USA LLC's Request for AD Administrative Review,'' 
dated July 18, 2019 (Polyplex's Review Request); see also Letter SRF 
Limited, ``Polyethylene Terephthalate Film, (PET Film) from India: 
Request for Administrative Review of the Antidumping Duty Order,'' 
dated July 26, 2019; see also Letter Jindal Poly Films Limited of 
India, ``Polyethylene Terephthalate Film, (PET Film) from India: 
Request for Administrative Review,'' dated July 31, 2019.
    \3\ See Petitioners' Review Request; see also Polyplex's Review 
Request; see also Jindal's Review Request.
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    Subsequently, on September 9, 2019, 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.\4\
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242, 47243-47244 (September 9, 2019) 
(Initiation Notice).
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    On September 27, 2019, 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.\5\ No parties filed comments.
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    \5\ See Memorandum, ``Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip (PET) Film from 
India: Release of U.S. Customs Entry Data for Respondent 
Selection,'' dated September 27, 2019 (September 2019 Import Data 
Memo).
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    On November 29, 2019, Commerce determined to limit the number of 
companies subject to individual examination and selected Garware and 
Jindal as mandatory respondents.\6\ On December 6, 2019, the 
petitioners submitted a timely letter withdrawing its request to review 
Ester, Garware, Polyplex, SRF, Jindal, and Vacmet.\7\ Also on December 
6, 2019, Polyplex USA LLC submitted a timely filed letter withdrawing 
its request to review Ester, Garware, Jindal, MTZ, Polyplex, SRF, 
Uflex, and Vacmet.\8\ SRF also filed a timely filed letter of 
withdrawal.\9\
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    \6\ See Memorandum, ``Administrative Review of Antidumping Duty 
Order on Polyethylene Terephthalate Film, (PET Film) from India: 
Selection of Respondents for Individual Examination (Respondent 
Selection Memo), November 29, 2019.
    \7\ See Letter Petitioners, ``Polyethylene Terephthalate Film, 
Sheet and Strip from India: Request for Withdrawal of Antidumping 
Administrative Review,'' dated December 6, 2019.
    \8\ See Letter Polyplex USA LLC, ``Polyethylene Terephthalate 
Film, Sheet and Strip from India: Request for Withdrawal of Anti-
dumping Administrative Review,'' dated December 6, 2019.
    \9\ See Letter SRF Limited, ``Polyethylene Terephthalate Film, 
Sheet and Strip from India/Withdrawal of Request for Antidumping 
Duty Admin Review of SRF Limited (SRF),'' dated December 7, 2019.
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    We issued our initial questionnaire to Jindal on December 9, 2019. 
The deadline for withdrawal requests was December 9, 2019.\10\ Jindal 
submitted its request for withdrawal on December 19, 2019.\11\
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    \10\ See 19 CFR 351.213(d)(1).
    \11\ See Letter Jindal, ``Polyethylene Terephthalate Film, Sheet 
and Strip from India: Withdrawal of Request for Administrative 
Review,'' dated December 17, 2019. (The deadline for withdrawal of 
review request was December 9, 2019.)
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    On March 23, 2020, 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 67 days, from April 1, 2020 to 
July 7, 2020.\12\ On April 24, 2020, Commerce issued a memorandum 
tolling all deadlines for administrative reviews, including this one, 
by 50 days.\13\ On July 21, 2020 Commerce issued another memorandum 
tolling all deadlines for administrative reviews by a total of 60 
days.\14\ On October 21, 2020 in accordance with section 751(a)(3)(A) 
of

[[Page 74691]]

the Act and 19 CFR 351.213(h)(2), Commerce extended the due date for 
the preliminary results by an additional 23 days. The current deadline 
is November 17, 2020.\15\
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    \12\ See Memorandum ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review (2018-2019),'' dated March 
23, 2020.
    \13\ See Memorandum ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \14\ Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' July 21, 2020.
    \15\ See Memorandum, ``Polyethylene terephthalate (PET) film, 
sheet, and strip (PET Film) from India: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review (2018-
2019),'' dated October 21, 2020.
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Scope of the Order

    The merchandise subject to the order is 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 
(HTSUS). Although the HTSUS number is provided for convenience and for 
customs purposes, the written product description, available in the 
Preliminary Decision Memorandum, remains dispositive.\16\
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    \16\ See ``Decision Memorandum for Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review: 
Polyethylene Terephthalate Film, Sheet, and Strip from India; 2018-
2019'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice.
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Partial Rescission of Administrative Review

    Commerce initiated a review of eight companies in this 
proceeding.\17\ We are rescinding this administrative review with 
respect to seven of these companies: Ester, Garware, MTZ, Polyplex, 
SRF, Uflex, and Vacmet, pursuant to 19 CFR 351.213(d)(1), because all 
review requests of these companies were timely withdrawn.\18\ 
Accordingly, the only company that remains subject to the instant 
review is Jindal, as explained in the ``Background'' section.
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    \17\ See Initiation Notice.
    \18\ See Preliminary Decision Memorandum at 4.
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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. In addition, a complete version of the 
Decision Memorandum can be accessed directly 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, 2018 
through June 30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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Jindal Poly Films Ltd. (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 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 seven days after the date for filing case briefs.\19\ 
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.\20\
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    \19\ See 19 CFR 351.309(d).
    \20\ 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 in accordance with 19 CFR 
351.212(b). 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.
    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 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. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    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

[[Page 74692]]

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.

Notification to Interested Parties

    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: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

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. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-25857 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P