Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106432-106433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31083]

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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; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of polyethylene terephthalate film,
sheet, and strip (PET film) from India received countervailable
subsidies during the period of review (POR) January 1, 2022, through
December 31, 2022.

DATES: Applicable December 30, 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 12, 2024, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited comments
from interested parties.\1\ On December 2, 2024, we extended the
deadline for the final results of this review to no later than January
15, 2025.\2\ Additionally, on December 9, 2024, Commerce tolled the
deadline to issue the final results in this administrative review by 90
days.\3\ Accordingly, the deadline for the final results is now April
15, 2025.
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip from
India: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2022, 89 FR 65591 (August
12, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated December 2, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\4\
Commerce conducted this review in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended (the Act).
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip from India;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order ⁵
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\5\ See Countervailing Duty Order; Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1,
2002) (Order).
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The merchandise covered by the Order is PET film from India. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.

Analysis of Comments Received

All issues raised in the case brief submitted by interested parties
in this review are addressed in the Issues and Decision Memorandum. The
topics discussed and the issues raised by parties to which we responded
in the Issues and Decision Memorandum are listed 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 received from interested parties,
we made changes to the net countervailable subsidy rates for Jindal
Poly Films Limited (Jindal). For a discussion of these changes, see the
Issues and Decision Memorandum.

Methodology

Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of 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.\6\ In making this
final determination, Commerce relied, in part, on facts otherwise
available, including with an adverse inference, pursuant to sections
776(a) and (b) of the Act. For a complete description of the
methodology underlying all of Commerce's conclusions, see the Issues
and Decision Memorandum.
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\6\ 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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Final Results of the Administrative Review

Commerce determines that the following net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:

------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
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Jindal Poly Films Limited............................... * 122.75
Garware Hi-Tech Films Limited........................... 4.96
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* Rate is based on facts available with adverse inferences.

Disclosure

Commerce intends to disclose to interested parties the calculations
performed in connection with these final results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final results in
the Federal Register, in accordance with 19 CFR 351.224(b). However, we
did not make any changes from the preliminary subsidy rates calculated
for Garware Hi-Tech Films Limited (Garware); therefore, we will not
disclose any calculation documents for Garware for these final results
of review.

Assessment

In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (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

[[Page 106433]]

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

In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above for shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of this administrative review. For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (i.e., 20.40 percent), as
appropriate.\7\ These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
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\7\ See Order, 67 FR at 44180.
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Administrative Protective Order (APO)

This notice also serves as a final reminder to parties subject to
an 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

These final results of administrative review 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: December 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Garware Corporate Name Change
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Erred in Excluding Certain Programs
in its Adverse Facts Available (AFA) Calculations for Jindal
Comment 2: Whether Commerce Erred in Selecting AFA Rates Lower
than the Highest Non-De Minimis Rate for Certain Programs in its AFA
Calculation for Jindal
IX. Recommendation

[FR Doc. 2024-31083 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P