[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76024-76025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26875]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From 
India: Final Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines certain 
producers/exporters of polyethylene terephthalate film, sheet, and 
strip (PET film) from India received countervailable subsidies during 
the period of review (POR) January 1, 2020, through December 31, 2020.

DATES: Applicable December 12, 2022.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Richard 
Roberts, 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) 482-1395 
or (202) 482-3464, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2022, Commerce published the preliminary results of 
the 2020 administrative review of the countervailing duty order on PET 
film from India in the Federal Register.\1\ This review covers a single 
mandatory respondent, SRF Limited (SRF).\2\ We invited interested 
parties to comment on the Preliminary Results.\3\ On September 1, 2022, 
Jindal Poly Films Ltd. (Jindal) submitted a timely-filed case brief.\4\ 
No

[[Page 76025]]

rebuttal comments were filed. Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Polyethylene Terephthalate Film, Sheet and Strip from 
India: Preliminary Results of Countervailing Duty Administrative 
Review, Recission in Part; 2020, 87 FR 48453 (August 9, 2022).
    \2\ SRF Limited is also known as SRF Limited of India, SRF Ltd., 
and SRF Limited Packaging Films.
    \3\ See Preliminary Results, 87 FR at 48454.
    \4\ See Jindal's Letter, ``Case Brief,'' dated September 1, 2022 
(Jindal's Case Brief).
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Scope of the Order \5\
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    \5\ See Countervailing Duty Order: Polyethylene Terephthalate 
Film, Sheet, and Strip (PET Film) from India 67 FR 44179 (July 1, 
2002) (Order).
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    The products covered by the Order are CWP. A full description of 
the scope of the Order is contained in the Issues and Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip (PET film) from India; Issues and Decision Memorandum for 
the Final Results of Antidumping Duty Administrative Review; 2020'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the brief submitted by Jindal in this 
administrative review are addressed in the Issues and Decision 
Memorandum and are listed in Appendix I to this notice. The Issues and 
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 Issues and Decision Memorandum can be accessed at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    We made no changes to our calculations for the final results of 
review. However, we corrected Jindal's listed name (Jindal Poly Films 
Ltd.) that Commerce misidentified in the Preliminary Results published 
in the Federal Register.\7\
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    \7\ See Preliminary Results, 87 FR at 48454.
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Rate for Non-Examined Companies

    In this review, the final rate calculated for SRF, the sole 
mandatory respondent, was not zero, de minimis, or based entirely on 
facts available. Therefore, consistent with section 705(c)(5)(A) of the 
Act, 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 final subsidy rate on the final rate calculated for SRF.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates for the period January 1, 2020, 
through December 31, 2020:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Producer or exporter                     (percent  ad
                                                             valorem)
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SRF Limited \8\.........................................            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 Poly Films Limited...............................            3.52
Polyplex USA............................................            3.52
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Disclosure
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    \8\ SRF Limited is also known as SRF Limited of India, SRF Ltd., 
and SRF Limited Packaging Films.
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    Normally, Commerce discloses to the parties in a proceeding the 
calculations performed in connection with a final results of review 
within five days after public announcement of final results, or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register.\9\ 
However, because Commerce made no adjustments to the subsidy rate 
calculation methodology used in the Preliminary Results, there are no 
calculations to disclose for the final results of review.
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    \9\ See 19 CFR 351.224(b).
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Assessment Rates

    In accordance with section 751(a)(2)(C) 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 above-listed companies at the 
applicable ad valorem assessment rates. Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after 
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)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, CBP will continue to collect cash deposits of estimated 
countervailing duties at the all-others rate or the most recent 
company-specific rate applicable to the company, as appropriate. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of Comment
VIII. Recommendation

[FR Doc. 2022-26875 Filed 12-9-22; 8:45 am]
BILLING CODE 3510-DS-P