[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74679-74680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty (CVD) order on
polyethylene terephthalate film, sheet, and strip (PET film) from
India. Commerce preliminarily determines that Jindal Poly Films Ltd.
(Jindal) received countervailable subsidies during the Period of
Review. The period of review (POR) is January 1, 2018 through December
31, 2018. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, 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) 482-6187.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2019, Commerce published a notice of initiation of
an administrative review of the CVD order on PET Film from India.\1\ On
March 18, 2020, Commerce extended the deadline for the preliminary
results of this review to no later than July 20, 2020.\2\ On April 24,
2020, Commerce tolled all deadlines in administrative reviews by 50
days.\3\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days.\4\ Accordingly, the
deadline for the preliminary results of this review was postponed to
November 17, 2020.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242, 47251 (September 9, 2019)
(Initiation Notice).
\2\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet,
and Strip from India: Extension of Deadline for Preliminary Results
of Countervailing Duty Administrative Review; 2018,'' dated March
18, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix 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 http://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2018:
Polyethylene Terephthalate Film, Sheet, and Strip from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this order are all gauges of raw,
pretreated, or primed polyethylene terephthalate film, sheet and strip,
whether extruded or coextruded. Excluded are metallized 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. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.\6\
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\6\ Id.
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Partial Rescission of Administrative Review
Commerce initiated a review of eight companies in this segment of
the proceeding.\7\ In response to timely filed withdrawal requests, we
are rescinding this administrative review with respect to Ester,
Garware, MTZ, Polyplex, SRF, Uflex, and Vacmet, pursuant to 19 CFR
351.213(d)(1). Accordingly, the only company subject to the instant
review is Jindal.
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\7\ See Initiation Notice, 84 FR 47242, 47251 (September 9,
2019). The eight companies were Ester Industries Limited.; Garware
Polyester Ltd.; Jindal Poly Films Limited.; MTZ Polyesters Ltd.;
Polyplex Corporation Ltd.; SRF Limited.; Uflex Ltd.; Vacmet India
Limited.
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[[Page 74680]]
Methodology
Commerce is conducting 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
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\8\ 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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Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rate for the mandatory respondent, Jindal, for the period
January 1, 2018 through December 31, 2018:
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Subsidy
rate
Manufacturer/exporter (percent ad
valorem)
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Jindal Poly Films Limited.................................. 11.65
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review. For the companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2018 through December 31, 2018, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Jindal, with regard
to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company specific or all-others rate applicable to the company. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\9\ Interested parties may
submit written comments (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\10\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. Parties who submit arguments are requested to submit
with the argument: (1) A statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities.\11\ All briefs must be
filed electronically using ACCESS.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\12\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(c).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\14\ Parties are reminded that briefs
and hearing requests are to be filed electronically using ACCESS and
that electronically filed documents must be received successfully in
their entirety by 5 p.m. Eastern Time on the due date. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\15\
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\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\15\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2020-25858 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P