[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7069-7071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02189]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Final Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: On August 5, 2022, the U.S. Department of Commerce (Commerce) 
published the preliminary results of the 2020-2021 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 Ltd. 
(Jindal) and SRF Limited (SRF). We continue to find that mandatory 
respondent SRF did not make sales of subject merchandise to the United 
States at less than normal value during the POR.

DATES: Applicable February 2, 2023.

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

Background

    On August 5, 2022, Commerce published the Preliminary Results for 
this administrative review.\1\ On September 6, 2022, we issued a 
supplemental questionnaire to SRF related to its response to sections A 
through C of Commerce's initial questionnaire.\2\ SRF timely submitted 
its response to this supplemental questionnaire on September 29, 
2022.\3\ We made no changes to the Preliminary Results except for the 
use of an updated dataset provided by SRF which did not change the 
calculated margin as explained further below.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Duty Review; 2020-2021, 87 FR 47968 (August 5, 
2022) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated 
September 6, 2022.
    \3\ See SRF's Letter, ``Submission of 2nd Supplemental 
Response,'' dated September 29, 2022.
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    On October 25, 2022, Commerce revised the deadlines for the 
briefing schedule.\4\ We invited interested parties to comment on the 
Preliminary Results; however, no interested party submitted comments. 
On November 14, 2022, we extended the final results of the review until 
February 1, 2023.\5\ Commerce conducted this administrative review in 
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \4\ See Memorandum, ``Briefing Schedule,'' dated October 25, 
2022.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated November 14, 2022.
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Scope of the Order 6
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    \6\ 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 (PET Film) from 
India, 67 FR 44175 (July 1, 2002) (Order).
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    The products covered by the Order are all gauges of raw, 
pretreated, or

[[Page 7070]]

primed PET film, whether extruded or coextruded. Excluded are metalized 
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 currently 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 Order is dispositive.

Changes Since the Preliminary Results

    As noted above, Commerce received no comments concerning the 
Preliminary Results. On September 29, 2022, SRF submitted new home 
market sales data with updated quantity discount information 
(REBATE1H). We used the new sales information with the updated data but 
made no other changes or updates to the calculations for the final 
results, and the margin calculated in the Preliminary Results did not 
change as a result of the updated data.\7\ Accordingly, no decision 
memorandum accompanies this Federal Register notice.
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    \7\ For further details, see Memorandum, ``Analysis Memorandum 
for the Final Results of the Antidumping Duty Administrative Review 
of Polyethylene Terephthalate Film, Sheet, and Strip from India: SRF 
Ltd.,'' dated concurrently with this notice.
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Company Not Selected for Individual Review

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin 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 examined, excluding any margins that are zero, 
de minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available. 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 calculated a weighted-average 
dumping margin for SRF, the sole mandatory respondent, that is zero. 
Thus, consistent with section 735(c)(5)(B) of the Act, we are assigning 
to the one company not selected for individual examination, Jindal, the 
zero percent rate calculated for the mandatory respondent, SRF.

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. We continue to find that sales of subject 
merchandise by SRF were not made at less than normal value during the 
POR. The final weighted-average dumping margins for the period July 1, 
2020, through June 30, 2021, for both Jindal and SRF are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Jindal Poly Films Ltd.......................................        0.00
SRF Limited.................................................        0.00
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Assessment Rates

    Commerce will determine, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Because we calculated 
a zero percent margin in the final results of this review for Jindal 
and SRF, in accordance with 19 CFR 351.212 we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Commerce intends to issue appropriate assessment instructions 
directly to CBP no earlier than 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 cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for Jindal and SRF will be zero, the rate established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not covered in this review, 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 or any 
previous review or in the original LTFV 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) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review or the LTFV investigation, the cash deposit rate 
will continue to be the all-others rate of 5.71 percent, which is the 
all-others rate established by Commerce in the LTFV investigation.\8\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \8\ See Order, 67 FR at 44176 (showing the dumping margin 
computed for all other producers/exporters 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 (showing an adjustment of 18.43 percent for export 
subsidies found in the companion countervailing duty investigation). 
The cash deposit rate for all other exporters is the net of these 
figures (i.e., 5.71 percent).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or

[[Page 7071]]

destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return/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 violation, 
which is subject to sanction.

Notification to Interested Parties

    These results are being issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02189 Filed 2-1-23; 8:45 am]
BILLING CODE 3510-DS-P