[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74679-74680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2018

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on 
polyethylene terephthalate film, sheet, and strip (PET film) from 
India. Commerce preliminarily determines that Jindal Poly Films Ltd. 
(Jindal) received countervailable subsidies during the Period of 
Review. The period of review (POR) is January 1, 2018 through December 
31, 2018. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6187.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2019, Commerce published a notice of initiation of 
an administrative review of the CVD order on PET Film from India.\1\ On 
March 18, 2020, Commerce extended the deadline for the preliminary 
results of this review to no later than July 20, 2020.\2\ On April 24, 
2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\3\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\4\ Accordingly, the 
deadline for the preliminary results of this review was postponed to 
November 17, 2020.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242, 47251 (September 9, 2019) 
(Initiation Notice).
    \2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Extension of Deadline for Preliminary Results 
of Countervailing Duty Administrative Review; 2018,'' dated March 
18, 2020.
    \3\ 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.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the 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 Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2018: 
Polyethylene Terephthalate Film, Sheet, and Strip from India,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are all gauges of raw, 
pretreated, or primed polyethylene terephthalate film, sheet and strip, 
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. For a complete description of the 
scope of the Order, see the Preliminary Decision Memorandum.\6\
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    \6\ Id.
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Partial Rescission of Administrative Review

    Commerce initiated a review of eight companies in this segment of 
the proceeding.\7\ In response to timely filed withdrawal requests, we 
are rescinding this administrative review with respect to Ester, 
Garware, MTZ, Polyplex, SRF, Uflex, and Vacmet, pursuant to 19 CFR 
351.213(d)(1). Accordingly, the only company subject to the instant 
review is Jindal.
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    \7\ See Initiation Notice, 84 FR 47242, 47251 (September 9, 
2019). The eight companies were Ester Industries Limited.; Garware 
Polyester Ltd.; Jindal Poly Films Limited.; MTZ Polyesters Ltd.; 
Polyplex Corporation Ltd.; SRF Limited.; Uflex Ltd.; Vacmet India 
Limited.

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[[Page 74680]]

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found to be countervailable, we 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\8\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review

    We preliminarily determine the following net countervailable 
subsidy rate for the mandatory respondent, Jindal, for the period 
January 1, 2018 through December 31, 2018:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                   Manufacturer/exporter                     (percent ad
                                                               valorem)
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Jindal Poly Films Limited..................................        11.65
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review. For the companies for 
which this review is rescinded, Commerce will instruct CBP to assess 
countervailing duties on all appropriate entries at a rate equal to the 
cash deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2018 through December 31, 2018, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of this notice.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount shown above for Jindal, with regard 
to shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company specific or all-others rate applicable to the company. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\9\ Interested parties may 
submit written comments (case briefs) on the preliminary results no 
later than 30 days from the date of publication of this Federal 
Register notice, and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\10\ Pursuant to 19 
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in 
the case briefs. Parties who submit arguments are requested to submit 
with the argument: (1) A statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities.\11\ All briefs must be 
filed electronically using ACCESS.
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\12\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(c).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\14\ Parties are reminded that briefs 
and hearing requests are to be filed electronically using ACCESS and 
that electronically filed documents must be received successfully in 
their entirety by 5 p.m. Eastern Time on the due date. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\15\
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    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \15\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2020-25858 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P