[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41949-41950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16620]



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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; 2019-2020

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, 2019, through June 30, 2020. This review 
covers Jindal Poly Films Ltd. (Jindal) and SRF Limited of India (SRF), 
producers and exporters of PET film from India. Commerce preliminarily 
determines that Jindal and SRF did not make sales of subject 
merchandise below normal value during the POR. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable August 4, 2021.

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 1, 2020, 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, 
2019, through June 30, 2020.\1\ Subsequently, on September 3, 2020, 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.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 39531 (July 1, 2020).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 September 3, 2020 (Initiation 
Notice).
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    On March 30, 2021, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2), 
Commerce extended the due date for the preliminary results by 60 days 
(from April 2, 2021 to July 1, 2021).\3\ On June 17, 2021, we extended 
the deadline by an additional 28 days.\4\ The current deadline is July 
29, 2021.
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    \3\ See Memorandum ``Polyethylene Terephthalate (PET) Film, 
Sheet and Strip from India: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review--2019-2020,'' 
dated March 30, 2021.
    \4\ See Memorandum ``Polyethylene Terephthalate (PET) Film, 
Sheet and Strip from India: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review--2019-2020,'' 
dated June 17, 2021.
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    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 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Scope of the Order \5\
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    \5\ 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).
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    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. Imports of PET film 
are 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.

Partial Rescission of Administrative Review

    Commerce initiated a review of eight separate companies in this 
proceeding.\6\ We are rescinding this administrative review with 
respect to six of these companies: (1) Ester Industries Ltd. (Ester); 
(2) Garware Polyester Ltd. (Garware); (3) MTZ Polyesters Ltd. (MTZ); 
(4) Polyplex Corporation (Polyplex); (5) Uflex Ltd. (Uflex); and (6) 
Vacmet India Ltd. (Vacmet), pursuant to 19 CFR 351.213(d)(1), because 
all review requests of these companies were timely withdrawn. 
Accordingly, the companies that remain subject to the instant review 
are Jindal Poly Films Ltd. (Jindal) and SRF Limited of India (SRF).\7\
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    \6\ See Initiation Notice. As noted above, SRF Ltd. is the same 
company as SRF Limited of India.
    \7\ SRF Limited and SRF Limited of India are the same company. 
See SRF's Letter, ``Polyethylene Terephthalate (PET) Film, Sheet and 
Strip from India/SRF Limited/Comments on U.S. Customs and Border 
Protection (CBP) Data Release,'' dated November 30, 2020. SRF states 
that ``{t{time} here is only one SRF producing the subject 
merchandise . . . SRF Limited.'' For purposes of this review, when 
we refer to SRF Limited, we will use the formal name, SRF Limited of 
India.
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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.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2019, 
through June 30, 2020.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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Jindal Poly Films Ltd.......................................        0.00
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 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.\8\ 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

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summary of the argument; and (3) a table of authorities.\9\
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    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect)''); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \9\ 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. 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 those same sales, in accordance with 19 CFR 
351.212(b)(1).\10\ Where an importer-specific ad valorem assessment 
rate is zero or de minimis in the final results of the review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\11\
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    \10\ Where Commerce has calculated export subsidies in a 
companion countervailing duty order administrative review, we have 
made an adjustment based on the most recently completed review. See 
Polyethylene Terephthalate Film Sheet and Strip from India: Final 
Results of Countervailing Duty Administrative Review; 2017, 85 FR 
14463 (March 12, 2020).
    \11\ See 19 CFR 351.106(c)(2).
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    Commerce intends to issue assessment instructions to CBP 35 days 
after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication.)

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.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ Order.
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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 
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 351.221(b)(4).

    Dated: July 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

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. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-16620 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P