[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21008-21010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08813]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-824]
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From
India: Final Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Jindal Poly Films Ltd. (Jindal) made sales of polyethylene
terephthalate film, sheet, and strip (PET film) from India in the
United States at prices below normal value (NV) during the period of
review (POR), July 1, 2022 through June 30, 2023, and that SRF Limited/
SRF Limited of India/SRF Limited Packaging Films (SRF) did not make
sales of subject merchandise in the United States at prices below NV
during the POR.
DATES: Applicable May 16, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-0981.
SUPPLEMENTARY INFORMATION:
Background
On August 13, 2024, Commerce published in the Federal Register the
preliminary results of the 2022-2023 administrative review of the
antidumping duty order on PET film from India.\1\ On December 6, 2024,
Commerce issued a post-preliminary decision memorandum finding that
JPFL Films Private Limited (JPFL) is the successor-in-interest to
Jindal.\2\ We conducted an on-site verification of Jindal's responses
\3\ and SRF's responses \4\ in December 2024.
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\1\ See Polyethylene Terephthalate Film, Sheet, and Strip From
India: Preliminary Results of Antidumping Duty Administrative Review
and Rescission of Review, in Part; 2022-2023, 89 FR 65845 (August
13, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Decision Memorandum for
the Antidumping Duty Administrative Review: Polyethylene
Terephthalate Film, Sheet, and Strip from India; 2022-2023,'' dated
December 6, 2024.
\3\ See Memorandum, ``Verification of the Sales Response of
Jindal Poly Films Limited in the Antidumping Review of Polyethylene
Terephthalate Film, Sheet, and Strip from India,'' dated March 21,
2025.
\4\ See Memorandum, ``Verification of the Sales Response of SRF
Limited in the Antidumping Review of Polyethylene Terephthalate
Film, Sheet, and Strip from India,'' dated January 30, 2024.
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We invited interested parties to submit case and rebuttal
briefs.\5\ On March 31, 2025, we received a timely case brief from
SRF.\6\ On April 7, 2025, we received a timely case brief from DuPont
Teijin Films, Mitsubishi Chemical America, Inc.--Polyester Film
Division, and SK Microworks America, Inc. (collectively,
petitioners).\7\ Finally, SRF submitted a timely rebuttal brief on
April 16, 2025.\8\
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\5\ See Memorandum, ``Briefing Schedule,'' dated March 24, 2025;
see also, Memorandum ``Revising the Briefing Schedule,'' dated March
31, 2025.
\6\ See SRF's Letter, ``Re: PET Films from India: Case brief of
SRF Limited,'' dated March 31, 2025.
\7\ See Petitioner's Letter, ``Re: Polyethylene Terephthalate
(PET) Film, Sheet, and Strip From India: Case Brief,'' dated April
7, 2025.
\8\ See SRF's Letter, ``Re: PET Films from India: Rebuttal Case
Brief of SRF Limited,'' dated April 16, 2025.
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On November 5, 2024, we fully extended the deadline of the final
results of this administrative review until February 5, 2025.\9\ On
December 9, 2024, we tolled the deadlines for issuing the final results
in this proceeding by 90 days.\10\ The final results are now due on May
12, 2025.
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\9\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and
Strip from India: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2022-2023,'' dated November
5, 2024.
\10\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order 11
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\11\ 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, from
India. A complete description of the scope of the Order is contained in
the Issues and Decision Memorandum.\12\
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\12\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of the
Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet,
and Strip from India; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed in this administrative review in the Issues and Decision
Memorandum. For a list of the issues raised by interested parties, see
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 review of the record and comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, we made certain changes to the margin calculations
for SRF for the final results of review. Further, due to Jindal's lack
of preparation at verification and failure to provide requested
information in a timely manner at verification, we have applied facts
available to Jindal, in accordance with section 776(a) of the Tariff
Act of 1930, as amended (the Act), because Jindal's responses could not
be verified, Jindal withheld information requested by Commerce, failed
to provide information within the deadlines for submission of the
information, and significantly impeded this proceeding. As such,
Commerce determines that an adverse inference is warranted in selecting
from among the facts otherwise available pursuant to section 776(b) of
the Act because Jindal failed to cooperate to the best of its ability.
For a discussion of these
[[Page 21009]]
changes, see the Issues and Decision Memorandum.
Final Results of Review
As a result of this review, Commerce determines the following
estimated weighted-average dumping margins for the period July 1, 2022,
through June 30, 2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Jindal Poly Films Ltd./Jindal Poly Films/Jindal Poly 24.14
Films Limited India/JPFL Films Private Limited.....
SRF Ltd./SRF Limited of India/SRF Limited Packaging 0.00
Films \13\.........................................
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Disclosure
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\13\ In the last administrative review, Commerce found, based on
information provided by SRF, that SRF is most appropriately reviewed
as SRF Limited/SRF Limited of India/SRF Limited Packaging Films. See
Polyethylene Terephthalate Film, Sheet, and Strip from India: Final
Results of Antidumping Duty Administrative Review; Second Correction
2021-2022, 89 FR 7684, 7685 (February 5, 2024).
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Commerce intends to disclose to the parties in a proceeding the
calculations performed in connection with the 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).
Assessment Rates
Commerce will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) the Act and 19 CFR
351.212(b)(1). Where an importer-specific assessment rate is either
zero or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. Accordingly, because the
weighted-average dumping margin for SRF is zero percent, we will
instruct CBP to liquidate SRF's entries without regard to antidumping
duties in accordance with 19 CFR 351.106(c)(2).
Pursuant to Commerce's practice, we will instruct CBP to liquidate
entries from Jindal at 24.14 percent. For entries of subject
merchandise during the POR produced by Jindal for which it did not know
that the merchandise it sold to an intermediary (e.g., reseller,
trading company, or exporter) was destined for the United States, we
will instruct CBP to liquidate such entries at the all-others rate
(i.e., 5.71) \14\ if there is no rate for the intermediate company(ies)
involved in the transaction.\15\
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\14\ See Order (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
(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). 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).
\15\ 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 appropriate assessment instructions
directly 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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review (except, if the rate is
zero or de minimis, then no cash deposit will be required); (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 recently completed segment of this
proceeding in which the company participated; (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 producer is, the cash
deposit rate will be the rate established in the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (5) if neither the exporter nor the producer 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.
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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 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.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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/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 351.213(h) and
351.221(b)(5).
[[Page 21010]]
Dated: May 12, 2025.
Christopher Abbott,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Jindal
Comment 2: Whether Commerce Should Continue to Exclude Certain
U.S. Sales from SRF's Calculations
Comment 3: Whether Commerce Revise SRF's Freight Revenue Cap
Calculations
Comment 4: Whether Commerce Should Revise SRF's Home Market
Program to Account for Returns
VII. Recommendation
[FR Doc. 2025-08813 Filed 5-15-25; 8:45 am]
BILLING CODE 3510-DS-P