[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7684-7686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02181]


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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; Second 
Correction 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that SRF 
Limited/SRF Limited of India/SRF Limited Packaging Films (SRF) did not 
make sales of subject merchandise to the United States at less than 
normal value during the period of review (POR) July 1, 2021, through 
June 30, 2022. We will apply SRF's rate to Jindal Poly Films Ltd. 
(India) (Jindal) and Polyplex Corporation Ltd. (Polyplex) for these 
final results.

DATES: Applicable February 5, 2024.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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.

[[Page 7685]]


SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment on those results.\1\ This review 
originally covered eight respondents: SRF; Jindal; Ester Industries 
Ltd.; Garware Polyester Ltd.; MTZ Polyesters, Ltd.; Polyplex; Uflex 
Ltd.; and Vacmet India Limited (Vacmet). We rescinded the review for 
six of these companies: Ester Industries Ltd.; Garware Polyester Ltd.; 
MTZ Polyesters, Ltd.; Polyplex; Uflex Ltd.; and Vacmet. We erroneously 
rescinded the review with respect to Polyplex, which we corrected in 
the Preliminary Results Correction on November 24, 2023.\2\
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Reviews; 2021-2022, 88 FR 51298 (August 3, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission of Antidumping Duty Administrative Review; 
2021-2022; Correction, 88 FR 82321 (November 24, 2023) (Preliminary 
Results Correction); see also ``Analysis of Comments Received,'' 
below.
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    On September 26, 2023, Commerce issued a second supplemental 
questionnaire to SRF regarding sections B and C of the original 
questionnaire.\3\ SRF submitted its response along with new home market 
and U.S. sales datasets on October 16, 2023.\4\ We used these data sets 
for the final results along with SRF's original cost data set, 
submitted on February 9, 2023.\5\
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    \3\ See Commerce's Letter, ``Second Supplemental 
Questionnaire,'' dated September 26, 2023.
    \4\ See SRF's Letter, ``Submission of 2nd Supplemental response 
of Anti-Dumping Admin Review Questionnaire,'' dated October 16, 
2023.
    \5\ See SRF's Letter, ``Cost Data,'' dated February 9, 2023.
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    On November 29, 2023, SRF submitted its response to the third 
supplemental questionnaire \6\ in which Commerce requested further 
clarifications about the company name.\7\ In its supplemental 
questionnaire response, SRF stated that ``SRF Limited'' is the official 
name of the company and that going forward, SRF Limited will use only 
that name.\8\ In addition, SRF stated that ``SRF Limited'' is the 
official name of the company while ``Packaging Film'' is one division 
within the legal entity of SRF Limited.\9\ Given that SRF Limited may 
have used all three of these names on subject merchandise, the company 
has been reviewed as SRF Limited/SRF Limited of India/SRF Limited 
Packaging Films.
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    \6\ See SRF's Letter, ``Submission of 3rd Supplemental response 
of Anti-Dumping Admin Review Questionnaire,'' dated November 29, 
2023 (SRF 3rd SQR).
    \7\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated 
November 22, 2023.
    \8\ See SRF 3rd SQR at S3-1.
    \9\ Id.
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Scope of the Order 10
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    \10\ 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 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 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 polyethylene terephthalate film, sheet, and 
strip 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 the Order is dispositive.

Analysis of Comments Received

    On August 31, 2023, Polyplex USA LLC (Polyplex USA) submitted a 
letter in lieu of a case brief.\11\ In the letter, Polyplex USA 
explained that although Commerce ``recognizes in the Preliminary 
Determination {sic{time}  {Results{time}  that it `initiated a review 
of eight companies,' it erroneously stat{e{time} s that the review 
request for Polyplex was `timely withdrawn.' '' \12\ We agreed with 
Polyplex USA and, on November 24, 2023, Commerce published a correction 
notice.\13\ In the Correction to the Preliminary Results, we correctly 
assigned SRF's rate of zero percent to Polyplex.
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    \11\ See Polyplex USA's Letter, ``Polyplex USA LLC's Letter in 
Lieu of Case Brief,'' dated August 31, 2023 (Polyplex USA's Letter).
    \12\ See Polyplex USA's Letter at 2; see also Preliminary 
Results at 51299.
    \13\ See Preliminary Results Correction.
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    Commerce received no comments on the Preliminary Results beyond the 
request to amend the Preliminary Results to include a review of 
Polyplex and apply the rate calculated for SRF. Moreover, the data SRF 
submitted in its supplemental questionnaire responses did not change 
the rate we calculated for SRF in the Preliminary Results, and we have 
not otherwise modified our analysis. Thus, although we are issuing a 
final calculation memorandum in these final results,\14\ no issues and 
decision memorandum accompanies this Federal Register notice. We are 
adopting the analysis contained in the Preliminary Results as the final 
results of this review.
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    \14\ See Memorandum, ``SRF's Final Analysis Memorandum,'' dated 
concurrently with this Federal Register notice.
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Second Correction to Partial Rescission

    In the Preliminary Results and Preliminary Results Correction, we 
stated that we were rescinding the antidumping duty (AD) administrative 
review with respect to Vacmet India instead of Vacmet India 
Limited.\15\ With the publication of this notice, Commerce is 
clarifying that we rescinded the AD administrative review with respect 
to Vacmet India Limited.
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    \15\ See Preliminary Results, 88 FR at 51299; see also 
Preliminary Results Correction, 88 FR at 82321.
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Jindal Poly Films Ltd.......................................        0.00
SRF Limited/SRF Limited of India/SRF Limited Packaging Films        0.00
Polyplex Corporation Ltd....................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. 
Customs and Border Protection (CBP) shall assess, ADs on all 
appropriate entries covered by this review. Because we calculated a 
zero percent margin in the final results of this review for SRF and 
assigned a zero percent rate to Jindal and Polyplex, in accordance with 
19 CFR 351.212, we will instruct CBP to liquidate the appropriate 
entries without regard to ADs.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of

[[Page 7686]]

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

    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 SRF, Jindal, and Polyplex 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 less-than-fair-value (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.\16\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \16\ See Order 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 
(May 16, 2002) (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 also 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 ADs prior to liquidation of the relevant 
entries during this review period. Failure to comply with this 
requirement could result in the Commerce's presumption that 
reimbursement of ADs occurred and the subsequent assessment of double 
ADs.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or 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 or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

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 351.221(b)(5) 
and 19 CFR 351.213(h)(2).

    Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02181 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-DS-P