[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48453-48455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17020]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Countervailing Duty Administrative Review, and 
Rescission, in Part; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to SRF 
Limited (SRF), a producer and exporter of polyethylene terephthalate 
film, sheet, and strip (PET film) from India. The period of review is 
January 1, 2020, through December 31, 2020. In addition, we are 
rescinding the review with respect to three companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable August 9, 2022.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani or 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) 482-0198 
or (202) 482-6187, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2002, Commerce published in the Federal Register the 
countervailing duty (CVD) order on PET film from India.\1\ On September 
7, 2021, Commerce published a notice of initiation of an administrative 
review of the Order.\2\ On March 30, 2022, Commerce extended the 
deadline for the preliminary results of this review to no later than 
July 29, 2022.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) as corrected 
by Initiation of Antidumping and Countervailing Duty Administrative 
Review, 86 FR 555572 (October 6, 2021) and Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 86 FR 57808 (October 
18, 2021).
    \3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2020,'' dated March 30, 
2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Countervailing Duty 
Administrative Review: Polyethylene Terephthalate Film, Sheet, and 
Strip from India; 2020,'' 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 PET film from India. For a 
complete description of the scope of the Order,

[[Page 48454]]

see the Preliminary Decision Memorandum.\5\
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    \5\ Id. at 3.
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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.\6\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \6\ 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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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests for MTZ Polyesters Ltd. (MTZ), Uflex Ltd. (Uflex), 
and Vacmet India Ltd. (Vacmet). Because the withdrawal requests were 
timely filed and no other party requested a review of these companies, 
in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to MTZ, Uflex, and Vacmet.

Preliminary Rate for Non-Selected Companies Under Review

    There are four companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents. The 
statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, the 
preliminary rate calculated for SRF, the sole mandatory respondent, was 
not zero, de minimis, or based entirely on facts available. Therefore, 
for the companies for which a review was requested that were not 
selected as mandatory company respondents, and for which Commerce did 
not receive a timely request for withdrawal of review, Commerce based 
the preliminary subsidy rate on the preliminary rate calculated for 
SRF.

Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
determine the following net countervailable subsidy rates for the POR:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
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SRF Limited \7\.........................................            3.52
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   Review-Specific Average Rate Applicable to the Following Companies
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Ester Industries Limited................................            3.52
Garware Polyester Ltd...................................            3.52
Jindal Polyester Ltd....................................            3.52
Polyplex USA............................................            3.52
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Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed for these preliminary results within five days of publication 
of these preliminary results.\8\ Pursuant to 19 CFR 351.309(c), 
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 seven days after the time limit for filing case 
briefs.\9\ 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.\10\ All briefs must be filed electronically using ACCESS 
\11\ and must be served on interested parties.\12\
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    \7\ SRF Limited is also known as SRF Limited of India, SRF Ltd., 
and SRF Limited Packaging Films.
    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); 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\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
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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. 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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    \13\ See 19 CFR 351.310(c).
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    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. Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information, until further notice.\14\
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    \14\ See Temporary Rule.
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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

[[Page 48455]]

briefs, 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.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, countervailing duties on all appropriate entries covered 
by this review. For the companies for which this review is rescinded, 
we 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, 2020, through December 31, 
2020, in accordance with 19 CFR 351.212(c)(l)(i). For the companies 
remaining in the review, Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this 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

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

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: 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. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2022-17020 Filed 8-8-22; 8:45 am]
BILLING CODE 3510-DS-P