[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6634-6635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2986]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 31, 2009, the Department of Commerce (Department) 
issued the preliminary results of administrative review of the 
countervailing duty order on polyethylene terephthalate film, sheet, 
and strip (PET film) from India for the period January 1, 2007 through 
December 31, 2007. See Polyethylene Terephthalate Film, Sheet, and 
Strip from India: Preliminary Results of Countervailing Duty 
Administrative Review, 74 FR 39631 (August 7, 2009) (Preliminary 
Results). Based on the results of our analysis of the comments 
received, the Department has made certain revisions to the subsidy 
rates for the respondent, Jindal Poly Films Limited of India (Jindal), 
formerly named Jindal Polyester Limited (Jindal). The final subsidy 
rate for the reviewed company is listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: February 10, 2010.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0197.

SUPPLEMENTARY INFORMATION:

Background

    Since the issuance of the Preliminary Results, the following events 
have occurred. The Department issued its third supplemental 
questionnaire to the Government of India (GOI) and to Jindal on August 
6, 2009. The GOI and Jindal filed their responses on September 3, 2009, 
and on September 2, 2009, respectively. The Department set an initial 
briefing schedule on September 3, 2003, and revised it on September 8, 
2009. Jindal filed a case brief on December 22, 2009, and the 
petitioners, Dupont Teijin Films, Mitsubishi Polyester Film of America, 
and Toray Plastics (America), Inc., filed a rebuttal brief on January 
4, 2010.
    The Department issued its Post-Preliminary Determination on 
Invalidated Licenses under the Advance License Program (ALP) on 
December 23, 2009. See Memorandum To Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration, from Barbara E. Tillman, 
Director, AD/CVD Operations, Office 6: Polyethylene Terephthalate Film, 
Sheet and Strip (PET film) from India: 2007 Administrative Review of 
the Countervailing duty Order; Post-Preliminary Determination (December 
23, 2009) (Post-Preliminary Determination Memorandum). Although the 
Department invited interested parties to comment, no comments were 
filed on the Post-Preliminary Determination Memorandum.

Scope of the Order

    For purposes of the order, the products covered 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. Imports of PET film 
are classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in the case brief and rebuttal brief by parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum in the Final Results of the Countervailing Duty 
Administrative Review of Polyethylene Terephthalate Film, Sheet, and 
Strip (PET Film) from India, from John M. Anderson, Acting Deputy 
Assistant Secretary to Ronald K. Lorentzen, Deputy Assistant Secretary 
for Import Administration (February 3,

[[Page 6635]]

2010) (Issues and Decision Memorandum), which is hereby adopted by this 
notice. The Issues and Decision Memorandum also contains a complete 
analysis of the programs covered by this review, the methodologies used 
to calculate the subsidy rates, and discusses any changes to the 
subsidy rates. A list of the comments raised in the briefs and 
addressed in the Issues and Decision Memorandum is appended to this 
notice. The Issues and Decision Memorandum is on file in the Central 
Records Unit, Room 1117 of the main Department building, and can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have revised the 
calculations with respect to the benefit amount calculated with respect 
to on certain Export Promotion Capital Goods Scheme (EPCGS) licenses 
that the GOI issued prior to 2005. Specifically, we deducted the 
relevant application fees (as an offset) from the unpaid duty amounts 
that we use in our benefit calculations. For those EPCGS licenses 
treated as contingent liability loans, we will deducted the relevant 
application fees from the ``principal'' (i.e., unpaid duties). For 
those EPCGS licenses for which the GOI has formally waived the duties, 
we will deduct the relevant application fees from the amount of unpaid 
duties that is allocated. All changes are discussed in detail in the 
Issues and Decision Memorandum.

Final Results of Review

    In accordance with section 751(a)(1)(A) of the Tariff Act of 1930, 
as amended (Act) and 19 CFR 351.221(b)(5), we calculated individual ad 
valorem subsidy rates for Jindal, the only producer/exporter subject to 
review for the calendar year 2007, the period of review for this 
administrative review.

------------------------------------------------------------------------
                Manufacturer/Exporter                  Net Subsidy Rate
------------------------------------------------------------------------
Jindal Poly Films Limited of India..................              7.17 %
------------------------------------------------------------------------

Assessment and Cash Deposit Instructions

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review to liquidate shipments of 
subject merchandise by Jindal entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2007 through December 31, 2007. We 
will also instruct CBP to collect cash deposits of estimated 
countervailing duties, at the above rate, on shipments of the subject 
merchandise by Jindal entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review. The cash deposit rates for all companies not covered by this 
review are not changed by the results of this review.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 3, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

APPENDIX I

LIST OF ISSUES ADDRESSED IN THE ISSUES AND DECISION MEMORANDUM

Benefit Calculation For the Export Promotion Capital Goods Scheme 
(EPCGS)

Comment 1: Allocation of Benefit for License Number P/J/3092819
Comment 2: EPCGS Benefits on Capital Goods Used for Non-Subject 
Merchandise
Comment 3: Deduction of Certain Application Fees Paid on EPCGS Licenses

Value Added Tax (VAT)

Comment 4: Benefits Through Refunds of the VAT

Advanced License Program (ALP)

Comment 5: Countervailability of the ALP under the GOI's New Monitoring 
Procedures
[FR Doc. 2010-2986 Filed 2-9-10; 8:45 am]
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