[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5490-5491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01714]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to Jindal Poly Films Limited 
(Jindal), a producer and exporter of polyethylene terephthalate film, 
sheet, and strip (PET Film) from India, during the period of review 
(POR) January 1, 2021, through December 31, 2021.

DATES: Applicable January 29, 2024.

FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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) 482-4342.

SUPPLEMENTARY INFORMATION: 

Background

    On August 2, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ This review 
covers one mandatory respondent, Jindal. For a complete description of 
events that occurred subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results of Countervailing Duty Administrative 
Review; 2020-2021, 88 FR 50834 (August 2, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memo (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Polyethylene 
Terephthalate Film, Sheet, and Strip; 2021,'' dated concurrently 
with this memorandum (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the scope of the order is PET film. A 
full description of the scope of the order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed in the Issues and Decision Memorandum is 
provided in the appendix 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 directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
evidence

[[Page 5491]]

on the record, there have been no changes made to our adverse facts 
available (AFA) determination in the Preliminary Results. For a 
discussion of the issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted 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 find 
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.\3\ Commerce notes that, in making these 
findings, it relied, in part, on facts available and, because it finds 
that the sole respondent did not act to the best of its ability to 
respond to Commerce's requests for information, it drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available.\4\ For a full description of the methodology underlying all 
of Commerce's conclusions, including our reliance, in part, on facts 
otherwise available, including adverse facts available, pursuant to 
sections 776(a) and (b) of the Act, see the Issues and Decision 
Memorandum.
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    \3\ 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.
    \4\ See sections 776(a) and (b) of the Act.
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Final Results of Administrative Review

    As a result of this review, we determine that the following net 
countervailable subsidy rate exists for the period January 1, 2021, 
through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Jindal Poly Films Limited...............................          116.96
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Disclosure

    Normally, Commerce discloses its calculations and analysis 
performed in connection with the final 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 we are 
applying total AFA in the calculation of the benefit for Jindal in 
these final results, and the rate is unchanged from the rate assigned 
in the Preliminary Results, there are no calculations to disclose.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct U.S. Customs and Border Protection (CBP) to collect cash 
deposits of estimated countervailing duties in the amounts shown above 
for the above-listed company 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, we will instruct CBP to 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, effective upon the 
publication of these final results, shall remain in effect until 
further notice.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. 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).

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

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: January 23, 2024.
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. Use of Facts Otherwise Available and Adverse Inferences
V. Discussion of the Issues
    Comment 1: Whether Jindal Failed To Cooperate to the Best of Its 
Ability
    Comment 2: Whether Commerce Acted Arbitrarily in Applying 
Adverse Facts Available (AFA) to Jindal
    Comment 3: Whether the AFA Rate is Reasonable
    Comment 4: Whether the Advanced Authorization Program (AAP) and 
Duty Drawback (DDB) Schemes are Countervailable
VI. Recommendation

[FR Doc. 2024-01714 Filed 1-26-24; 8:45 am]
 BILLING CODE 3510-DS-P