[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14053-14055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03860]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, 
and Strip From India: Preliminary Results of Changed Circumstances 
Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily

[[Page 14054]]

determines that Garware Hi-Tech Films Limited (Garware Hi-Tech) is the 
successor-in-interest to Garware Polyester Limited (Garware Polyester) 
for purposes of the antidumping duty (AD) order on polyethylene 
terephthalate film, sheet, and strip (PET film) from India. 
Accordingly, Garware Hi-Tech is entitled to Garware Polyester's AD cash 
deposit rates with respect to entries of subject merchandise in the 
above referenced proceedings. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable February 26, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published the initiation of a changed 
circumstances review (CCR) on the AD order \1\ of PET film from India 
for Garware Hi-Tech.\2\ Commerce declined to combine the Initiation 
Notice with the preliminary results of the CCR, citing the need to 
issue a supplemental questionnaire to Garware Hi-Tech regarding its 
ownership and management structure.\3\ On September 12, 2023, Commerce 
issued a supplemental questionnaire to Garware Hi-Tech seeking 
clarification about ownership and management structure and its 
suppliers.\4\ On September 25, 2023, Garware Hi-Tech timely submitted 
its response to this questionnaire.\5\ No other interested party 
submitted comments or factual information regarding Garware Hi-Tech's 
request.
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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 from India, 67 FR 
44175 (July 1, 2002) (Order).
    \2\ The notice of initiation of this CCR referred to this 
company as Garware Hi-Tech. We clarify that the full name of the 
company requesting this CCR is Garware Hi-Tech Films Limited, 
hereafter abbreviated as Garware Hi-Tech. See Polyethylene 
Terephthalate Film, Sheet and Strip from India: Initiation of 
Antidumping Duty Changed Circumstances Review; Garware, 88 FR 57090 
(August 22, 2023) (Initiation Notice).
    \3\ Id.
    \4\ See Commerce's Letter, ``Changed Circumstances Review of the 
Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet and 
Strip (PET Film) from India: Supplemental Questionnaire,'' dated 
September 12, 2023.
    \5\ See Garware Hi-Tech's Letter, ``Garware Hi-Tech Films 
Limited's request for a Changed Circumstances Review Response to 1st 
Supplemental Questionnaire,'' dated September 25, 2023.
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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 full written 
product description, available in the Preliminary Decision Memorandum, 
remains dispositive.\6\
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    \6\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Preliminary Results of Changed Circumstances 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Legal Framework

    In this CCR, pursuant to section 751(b) of the Tariff Act of 1930, 
as amended (the Act), Commerce conducted a successor-in-interest 
analysis. In determining whether one company is the successor-in-
interest to another company as part of an AD proceeding, Commerce 
examines several factors including, but not limited to, changes in (1) 
management and ownership; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\7\ Although no single, or even 
several, of these factors will necessarily provide a dispositive 
indication of succession, generally, Commerce will consider a company 
to be the successor-in-interest if its resulting operation is not 
materially dissimilar to that of its predecessor.\8\ Thus, if the 
``totality of circumstances'' demonstrate that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as essentially the same business entity as the prior company, 
Commerce will assign the successor-in-interest the cash deposit rate of 
its predecessor.\9\
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    \7\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum at Comment 1.
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9979-80 (March 1, 1999).
    \9\ Id.; see also Brass Sheet and Strip from Canada; Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992) at Comment 1.
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Preliminary Results of Review

    We preliminarily determine that Garware Hi-Tech is the successor-
in-interest to Garware Polyester. Record evidence submitted by Garware 
Hi-Tech indicates that, based on the totality of the circumstances 
under Commerce's successor-in-interest criteria, Garware Hi-Tech 
operates as materially the same business entity as Garware Polyester 
with respect to the production and sale of subject merchandise. For a 
complete discussion of the information that Garware Hi-Tech provided 
and the complete successor-in-interest analysis, see the Preliminary 
Decision Memorandum. A list of topics included in the Preliminary 
Decision Memorandum is included as an attachment 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.

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 date of publication of this notice.\10\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\11\ Interested 
parties who submit case briefs or rebuttal briefs in this proceeding 
must submit: (1) a table of contents listing each issue; and (2) a 
table of authorities.\12\
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    \10\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(i) to alter the time limit for the filing of case 
briefs.
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and

[[Page 14055]]

decision memorandum that will accompany the final results in this CCR. 
We request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Final Service Rule.
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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, filed electronically via ACCESS, within 30 
days of publication of this notice. Requests should contain the 
following information: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. If a request for a hearing is made, Commerce will inform 
parties of the time and date for the hearing.

Final Results of Review

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated. If we continue to find that Garware Hi-Tech is 
the successor-in-interest to Garware Polyester, we will assign Garware 
Hi-Tech the cash deposit rate currently assigned to Garware Polyester 
(i.e., 4.45 percent).\15\
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    \15\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 14883, 14884 (March 16, 2020), as amended by 
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final 
Results of Antidumping Duty Administrative Review; 2017-2018; 
Correction, 88 FR 87751 (December 19, 2023).
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Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: February 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2024-03860 Filed 2-23-24; 8:45 am]
BILLING CODE 3510-DS-P