[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50834-50836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16464]


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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 
Partial Rescission of Administrative Review; 2021

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 certain 
producers and exporters of polyethylene terephthalate film, sheet, and 
strip (PET film) from India during the period of review (POR) January 
1, 2021, through December 31, 2021. We are rescinding this review with 
respect to seven companies. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable August 2, 2023.

FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.

Background

    On July 1, 2002, Commerce published in the Federal Register the 
countervailing duty (CVD) order on PET film from India.\1\ On September 
6, 2022, Commerce published in the Federal Register the notice of 
initiation of an administrative review of the Order with respect to 
eight companies.\2\ On October 27, 2022, Commerce selected SRF Ltd. 
(SRF) as the sole mandatory respondent.\3\ Between December 2 and 5, 
2022, DuPont Teijin Films, Mitsubishi Chemical America, Inc.--Polyester 
Film Division, and SK Microworks America, Inc. (collectively, the 
petitioners), Polyplex Corporation Ltd., and SRF withdrew their 
requests for review regarding all companies, except Jindal Poly Films 
Limited (Jindal).\4\ Therefore, on December 9, 2022, we selected Jindal 
as the sole mandatory respondent.\5\ On December 12, 2022, we reissued 
the initial questionnaire to the Government of India.\6\ Subsequently, 
Jindal failed to provide a timely response to the affiliated companies 
portion of section III of the initial questionnaire by the December 26, 
2022 deadline.\7\ Pursuant to section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), Commerce extended the deadline for the 
preliminary results of this administrative review to July 28, 2023.\8\
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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, 87 FR 54463 (September 6, 2022).
    \3\ See Memorandum, ``Respondent Selection,'' dated October 27, 
2022.
    \4\ See Polyplex's Letter, ``Withdrawal of Request for Review 
for Polyplex USA LLC,'' dated December 2, 2022 (Polyplex Withdrawal 
Request); SRF's Letter, ``Withdrawal of Request for Countervailing 
Duty Admin Review of SRF,'' dated December 5, 2022 (SRF Withdrawal 
Request); and Petitioners' Letter, ``Withdrawal of Request for 
Countervailing Duty Administrative Review,'' dated December 5, 2022 
(Petitioners Withdrawal Request).
    \5\ See Memorandum, ``Intent to Rescind Review, in Part, and 
Company Subject to Individual Examination,'' dated December 9, 2022.
    \6\ See Commerce's Letter, ``Countervailing Duty 
Questionnaire,'' dated December 12, 2022 (Initial Questionnaire).
    \7\ Id.
    \8\ See Memoranda, ``Extension of Deadline for Preliminary 
Results,'' dated March 28, 2023; and ``Second Extension of Deadline 
for Preliminary Results,'' dated May 17, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\9\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I 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 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from India,'' 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, see the Preliminary Decision 
Memorandum.\10\
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    \10\ Id. at 3.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Act. For each of the subsidy programs found to be 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a government-provided financial contribution that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\11\ For a 
full description of the methodology underlying our conclusions, 
including our reliance on adverse facts available pursuant to sections 
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
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    \11\ 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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[[Page 50835]]

Partial Rescission of Administrative Review

    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 with respect to the following seven companies: (1) 
Ester Industries Ltd.; (2) Garware Polyester Ltd.; (3) Vacmet India 
Ltd.; (4) MTZ Polyesters Ltd.; (5) Uflex Ltd.; (6) SRF; and (7) 
Polyplex.\12\ Because the withdrawal requests were timely filed, and no 
other parties 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 the seven companies noted above.
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    \12\ See Polyplex Withdrawal Request; SRF Withdrawal Request; 
and Petitioners Withdrawal Request.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following estimated countervailable subsidy rates exist for the period 
January 1, 2021, through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                           2021 (percent
                                                           ad valorem)
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Jindal Poly Films Limited..............................          116.96
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Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct U.S. Customs and Border 
Protection (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. If the rate calculated in the 
final results is zero or de minimis, no cash deposit will be required 
on shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review.

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. Consistent with section 751(a)(1) of the Act and 
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce 
shall determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend 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).
    For the companies for which this review is rescinded with these 
preliminary results, 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, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i).

Disclosure

    Normally, Commerce discloses its calculations and analysis 
performed in connection with the preliminary results to interested 
parties within five days of its public announcement, or if there is no 
public announcement, within five days of the date of publication of 
this notice, in accordance with 19 CFR 351.224(b). However, because 
Commerce preliminarily applied total adverse facts available (AFA) in 
the calculation of the benefit for Jindal, and the applied AFA rates 
are based on rates calculated in prior segments of the proceeding, 
there are no calculations to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the publication of these preliminary results of review in 
the Federal Register.\13\ Rebuttal comments, limited to issues raised 
in case briefs, may be submitted no later than seven days after the 
deadline for filing case briefs.\14\ Parties who submit case or 
rebuttal briefs in this administrative review 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.\15\ Case and rebuttal 
briefs must be filed using ACCESS.\16\ An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\17\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \16\ See 19 CFR 351.303.
    \17\ See 19 CFR 351.309; 19 CFR 351.303 (for general filing 
requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically using ACCESS. An electronically-filed request must be 
received successfully, and in its entirety, by ACCESS by 5:00 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. If a request for a hearing is made, parties 
will be notified of the date and time for the hearing to be determined.

Final Results

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review

[[Page 50836]]

V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VIII. Recommendation

Appendix II

List of Companies Commerce Is Rescinding on in This Administrative 
Review

1. Ester Industries Ltd.
2. Garware Polyester Ltd.
3. Vacmet India Ltd.
4. MTZ Polyesters Ltd.
5. Uflex Ltd.
6. SRF Ltd.
7. Polyplex Corporation Ltd.

[FR Doc. 2023-16464 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P