[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51298-51300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16543]


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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; 2021-2022

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 (AD) order on 
polyethylene terephthalate film, sheet, and strip (PET film) from 
India. The period of review (POR) is July 1, 2021, through June 30, 
2022. This review covers the following producers and

[[Page 51299]]

exporters from India: Jindal Poly Films Ltd. (Jindal) and SRF Limited 
(SRF). We preliminarily find that SRF did not sell PET film in the 
United States below normal value (NV). Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable August 3, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2002, Commerce published the order in the Federal 
Register.\1\ On July 1, 2022, Commerce published in the Federal 
Register a notice of opportunity to request an administrative review of 
the Order.\2\ On September 6, 2022, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce published a notice of initiation of an 
administrative review of the Order.\3\ On March 22, 2023, and June 9, 
2023, 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 until July 28, 2023.\4\
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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 (PET Film) from 
India, 67 FR 44174 (July 1, 2002) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 39461, 39462 (July 1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463, 54465 (September 6, 2022).
    \4\ See Commerce's Memorandum, ``Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022,'' dated March 22, 2023; see also Commerce's Memorandum, 
``Second Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated June 9, 
2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of the topics included 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2021-2022,'' 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 product 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, available in the Preliminary Decision Memorandum, 
remains dispositive.

Partial Rescission

    Commerce initiated a review of eight companies in this review. 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. Accordingly, the 
companies that remain subject to the instant review are Jindal and SRF.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins exist for the period 
July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Jindal Poly Films Ltd.......................................        0.00
SRF Limited.................................................        0.00
------------------------------------------------------------------------

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.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b) public announcement.\6\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs no 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.\7\ Interested parties who 
submit

[[Page 51300]]

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.\8\ Executive 
summaries should be limited to five pages total, including footnotes. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\9\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'').
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 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 must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. 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. An electronically filed 
hearing request 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.
    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 CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b). If a respondent'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 an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent'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 an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate (i.e, 5.71 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions 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 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 rate for Jindal and SRF 
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 recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair value 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) the cash deposit rate for all 
other producers or exporters is 5.71 percent.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Order.
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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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Company Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2023-16543 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P