89 FR 155 pgs. 65591-65593 - Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022
Type: NOTICEVolume: 89Number: 155Pages: 65591 - 65593
Pages: 65591, 65592, 65593Docket number: [C-533-825]
FR document: [FR Doc. 2024-17859 Filed 8-9-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-825]
Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
[top] The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of polyethylene terephthalate film, sheet, and strip (PET film) from India during the period of review (POR) received countervailable subsidies from January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the
DATES:
Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Stefan Smith or Nicholas Czajkowski, 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 or (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, Commerce published in the Federal Register the countervailing duty order on PET film from India. 1 On September 11, 2023, Commerce published in the Federal Register the notice of initiation of an administrative review of the Order. 2 On October 16, 2024, Commerce selected Polyplex Corporation, Ltd. (Polyplex) and SRF Limited of India (SRF) for individual examination as the mandatory respondents in this administrative review. 3 On November 3 and 9, 2023, Polyplex and SRF withdrew their requests for a review respectively. 4 Therefore, on November 14, 2023, we selected Garware Polyester Ltd. (Garware) and Jindal Poly Films Ltd. (Jindal) for individual examination as mandatory respondents in this review. 5 On March 21, 2024, Commerce extended the deadline for the preliminary results review until July 30, 2024. 6 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 7 The deadline for the preliminary results is now August 6, 2024.
Footnotes:
1 ? See Countervailing Duty Order; Polyethylene Terephthalate Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002) ( Order ).
2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023).
3 ? See Memorandum, "Respondent Selection Memorandum," dated October 16, 2023.
4 ? See Polyplex's Letter, "Withdrawal of Request for Review," dated November 3, 2023; see also SRF's Letter, "Withdrawal of Request for Countervailing Duty Admin Review," dated November 9, 2023.
5 ? See Memorandum, "Second Respondent Selection," dated November 14, 2023.
6 ? See Memorandum, "Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review," dated March 21, 2024.
7 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 8 A list of topics discussed in the Preliminary Decision Memorandum is included in the Appendix I 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
Footnotes:
8 ? See Memorandum, "Decision Memorandum for the Preliminary Results and Partial Rescission of the Administrative Review of the Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from India; 2022," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise covered by the Order is PET film. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 9
Footnotes:
9 ? Id.
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 subsidy program found 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). 10 For a full description of the methodology underlying our conclusions, including our reliance, in part, on adverse facts available (AFA) pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
Footnotes:
10 ? 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.
Recission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Commerce received timely filed withdrawal requests with respect to five companies, pursuant to 19 CFR 351.213(d)(1). 11 Because the withdrawal requests were timely filed, and no other parties requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the Order with respect to the five companies.
Footnotes:
11 ? See Preliminary Decision Memorandum at the section titled "Partial Rescission of Administrative Review."
Additionally, Commerce's practice is to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended. 12 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period. 13 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the countervailing duty assessment rate calculated for the review period. 14
Footnotes:
12 ? See, e.g., Lightweight Thermal Paper from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015,. 82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 DE 14650 (April 11, 2019).
13 ? See 19 CFR 351.212(b)(2).
14 ? See 19 CFR 351.213(d)(3).
On July 10, 2024, we issued a memorandum notifying parties of our intent to rescind this administrative review with respect to Cosmo First Ltd (Cosmo). 15 We received no comments from interested parties regarding our intention to rescind the review with respect to Cosmo. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review, in accordance with 19 CFR351.213(d)(3). For a complete list of companies for which we are rescinding this administrative review, see Appendix II.
Footnotes:
15 ? See Memorandum, "Notice of Intent to Rescind Review, in Part," dated July 10, 2024.
Preliminary Results of Review
Commerce preliminary determines that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022:
| Company | Subsidy rate (percent ad valorem ) |
|---|---|
| Garware Polyester Ltd | 4.96 |
| Jindal Poly Films Limited | 104.18 |
Disclosure and Public Comment
[top] We intend to disclose the calculations performed for these preliminary results to interested parties within five days
Footnotes:
16 ? See 19 CFR 351.224(b).
17 ?See 19 CFR 351.309(c)(1)(ii).
18 ? 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 ).
19 ? See 19 351.309(c)(2) and (d)(2).
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. 20 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 public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. 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). 21
Footnotes:
20 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
21 ? See APO and Service Final Rule.
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. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.
Unless extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.221(b)(4)(i), we preliminarily determined subsidy rates in the amounts shown above for the producers/exporters shown above. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of 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).
For the companies for which this review is rescinded with these preliminary results, we 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, 2021, through December 31, 2021, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate assessment instructions directly to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register .
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also intends upon publication of the final results, to instruct CBP to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies listed above 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. If the rate calculated in the final results is zero or de minimis , no cash deposit will be required on shipments of the 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, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
Appendix II
List of Companies Commerce Is Rescinding on in This Administrative Review
1. Ester Industries Ltd.
2. Polyplex Corporation, Ltd.
3. SRF Limited of India
4. Vacmet India Limited
5. Chiripal Poly Films Limited
6. Cosmo First Ltd., India
[FR Doc. 2024-17859 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P