[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47968-47970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16827]


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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; 2020-2021

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

SUMMARY: The U.S. 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, 2020, through June 30, 2021. This review 
covers two producers and exporters of PET film from India, Jindal Poly 
Films (Jindal) and SRF Limited (SRF). We preliminarily determine that 
neither company made sales of subject merchandise below normal value 
(NV) during the POR. We are also rescinding the review with respect to 
six companies because all requests for review for these companies have 
been withdrawn. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 5, 2022.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith and Jacob Saude, 
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 
and (202) 482-0981, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2002, Commerce published the antidumping duty order on 
PET film from India.\1\ On September 7, 2021, based on timely requests 
for a review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce 
initiated an administrative review of the Order, covering eight 
companies.\2\
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation 
Notice).
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    On June 27, 2022, 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 to July 29, 
2022.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Polyethylene terephthalate (PET) film, 
sheet, and strip from India: Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review (2020-
2021),'' dated June 27, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Polyethylene Terephthalate Film, Sheet, and Strip from 
India; 2020-2021'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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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, remains dispositive. 
For a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id.
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Partial Rescission of Administrative Review

    Commerce initiated a review of eight companies in this proceeding. 
We are rescinding this administrative review with respect to six of 
these companies: (1) Ester Industries Ltd.; (2) Garware Polyester Ltd.; 
(3) MTZ Polyesters Ltd.; (4) Polyplex Corporation; (5) Uflex Ltd.; and 
(6) Vacmet India, pursuant to 19 CFR351.213(d)(1), because all review 
requests for these companies were timely withdrawn.\6\ Accordingly, the 
companies that remain subject to the instant review are Jindal and 
SRF.\7\
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    \6\ Id. at ``Partial Rescission of Administrative Review.''
    \7\ In the Initiation Notice, we initiated a review with respect 
to SRF Ltd., which is also known as SRF Limited of India and SRF 
Limited. See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission of Antidumping Duty Administrative Review; 
2019-2020 86 FR 41949 (August 4, 2021), at footnote 7, unchanged in 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final 
Results of Antidumping Duty Administrative Review; 2019-2020 87 FR 
5461 (February 1, 2022).

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[[Page 47969]]

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price has been calculated in accordance with 
section 772 of the Act. NV has been 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Company Not Selected for Individual Review

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' However, 
where the dumping margins for individually examined respondents are all 
zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for SRF, the sole mandatory respondent, that is zero. 
Accordingly, Commerce preliminarily has assigned to Jindal, the company 
not individually examined, a margin of 0.00 percent.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins for the period July 1, 
2020, through June 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Jindal Poly Films Ltd.......................................        0.00
SRF Limited \8\.............................................        0.00
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Disclosure and Public Comment
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    \8\ As noted above, SRF Limited is also known as SRF Limited of 
India and SRF Ltd.
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    Commerce intends to disclose its calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice, 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.\9\ 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.\10\ Executive summaries 
should be limited to five pages total, including footnotes.\11\ Case 
and rebuttal briefs should be filed using ACCESS and must be served on 
interested parties.\12\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\13\
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    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ Id.
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule.
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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 
5:00 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. If a SRF'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 its importer's examined 
sales and the total entered value of such sales, in accordance with 19 
CFR 351.212(b)(1). Where either the SRF'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 during the POR produced by SRF 
for which SRF did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate such unreviewed entries 
pursuant to the reseller policy, i.e., the assessment rate for such 
entries will be equal to the all-others rate established at the less-
than-fair value investigation (i.e., 5.71 percent ad valorem),\14\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.
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    \14\ See Order, 67 at 44176 (showing the dumping margin computed 
for ``all others'' as 24.14 percent); and Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene 
Terephthalate Film, Sheet, and Strip from India, 67 FR 34899, 34901 
(Final Determination) (showing an adjustment of 18.43 percent for 
export subsidies found in the companion CVD investigation). The cash 
deposit rate for all other exporters is the net of these figures 
(i.e., 5.71 percent).

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[[Page 47970]]

    For Jindal, which was not selected for individual examination, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. For the companies 
for which this review is rescinded, antidumping duties shall be 
assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period July 1, 2020, through June 30, 2021, in 
accordance with 19 CFR 351.212(c)(1)(i).\15\
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    \15\ The companies for which this review is rescinded are: (1) 
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) MTZ 
Polyesters Ltd.; (4) Polyplex Corporation; Uflex Ltd.; and (6) 
Vacmet India.
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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 rates for the companies 
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 recently-completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair value investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recently-completed segment of 
this proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters is 5.71 percent.\16\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \16\ See Order, 67 FR at 44176; and Final Determination, 67 FR 
at 34901.
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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 Commerce'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: July 29, 2022.
Lisa W. Wang,
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. Company Not Selected for Individual Examination
V. Scope of the Order
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2022-16827 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P