5490 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 

13See Order. 

1See Polyethylene Terephthalate Film, Sheet, and 

Strip from India: Preliminary Results of 

Countervailing Duty Administrative Review; 2020– 

2021, 88 FR 50834 (August 2, 2023) (Preliminary 

Results), and accompanying Preliminary Decision 

Memo (PDM). 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Results of the Countervailing Duty 

Administrative Review of Polyethylene 

Terephthalate Film, Sheet, and Strip; 2021,’’ dated 

concurrently with this memorandum (Issues and 

Decision Memorandum). 

For the companies that were not 

selected for individual review, we will 

assign an assessment rate based on the 

review-specific average rate, calculated 

as noted in the ‘‘Rate for Non-Examined 

Respondents’’ section above. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of these final results 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 subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the final results of this 

administrative review, as provided by 

section 751(a)(2)(C) of the Act: (1) the 

cash deposit rates for the reviewed 

companies will be equal to the 

weighted-average dumping margin 

established in the final results of this 

review; (2) for producers or exporters 

not covered in this review but covered 

in a prior completed segment of the 

proceeding, the cash deposit rate will 

continue to be the company-specific rate 

published in the most recently 

completed segment; (3) if the exporter is 

not a firm covered in this review, a prior 

review, or the original less-than-fairvalue (LTFV) investigation, but the 

producer is, then the cash deposit rate 

will be the rate established in the most 

recently completed segment for the 

producer of the merchandise; (4) the 

cash deposit rate for all other producers 

or exporters will continue to be 17.06 

percent, the all-others rate established 

in the LTFV investigation in this 

proceeding.13 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice 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 POR. 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 

This notice also serves as a reminder 

to parties subject to an administrative 

protective order (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 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 

violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a) and 

777(i) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: January 23, 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. Discussion of the Issues 

Comment 1: The Cohen’s d Test 

Comment 2: Whether To Rely on SRT Data 

To Calculate Sentury’s Constructed 

Value (CV) Profit and Indirect Selling 

Expenses (ISE) 

Comment 3: Whether To Revise Sentury 

Tire USA Inc.’s (Sentury USA) Inventory 

Carrying Costs (ICC) Calculation 

Comment 4: Whether USWAREH1U 

Expense Is Included in the Calculation of 

Adjusted U.S. Prices for SRT 

Comment 5: Whether To Grant SRT a 

Constructed Export Price (CEP) Offset 

V. Recommendation 

[FR Doc. 2024–01715 Filed 1–26–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–825] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From India: Final 

Results of Countervailing Duty 

Administrative Review; 2021 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

countervailable subsidies were provided 

to Jindal Poly Films Limited (Jindal), a 

producer and exporter of polyethylene 

terephthalate film, sheet, and strip (PET 

Film) from India, during the period of 

review (POR) January 1, 2021, through 

December 31, 2021. 

DATES: Applicable January 29, 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 2, 2023, Commerce 

published the Preliminary Results of 

this administrative review in the 

Federal Register.1 This review covers 

one mandatory respondent, Jindal. For a 

complete description of events that 

occurred subsequent to the Preliminary 

Results, see the Issues and Decision 

Memorandum.2

Scope of the Order 

The merchandise covered by the 

scope of the order is PET film. A full 

description of the scope of the order is 

contained in the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised by the interested 

parties in their case and rebuttal briefs 

are addressed in the Issues and Decision 

Memorandum. A list of topics discussed 

in the Issues and Decision 

Memorandum is provided 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 

from interested parties and the evidence 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 5491 

3See 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. 

4See sections 776(a) and (b) of the Act. 

on the record, there have been no 

changes made to our adverse facts 

available (AFA) determination in the 

Preliminary Results. For a discussion of 

the issues, see the Issues and Decision 

Memorandum. 

Methodology 

Commerce conducted 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 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.3 Commerce notes 

that, in making these findings, it relied, 

in part, on facts available and, because 

it finds that the sole respondent did not 

act to the best of its ability to respond 

to Commerce’s requests for information, 

it drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.4 For a full 

description of the methodology 

underlying all of Commerce’s 

conclusions, including our reliance, in 

part, on facts otherwise available, 

including adverse facts available, 

pursuant to sections 776(a) and (b) of 

the Act, see the Issues and Decision 

Memorandum. 

Final Results of Administrative Review 

As a result of this review, we 

determine that the following net 

countervailable subsidy rate exists for 

the period January 1, 2021, through 

December 31, 2021: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Jindal Poly Films Limited ...... 116.96 

Disclosure 

Normally, Commerce discloses its 

calculations and analysis performed in 

connection with the final results to 

interested parties within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of publication of this notice, 

in accordance with 19 CFR 351.224(b). 

However, because we are applying total 

AFA in the calculation of the benefit for 

Jindal in these final results, and the rate 

is unchanged from the rate assigned in 

the Preliminary Results, there are no 

calculations to disclose. 

Cash Deposit Requirements 

In accordance with section 751(a)(1) 

of the Act, Commerce intends to instruct 

U.S. Customs and Border Protection 

(CBP) to collect cash deposits of 

estimated countervailing duties in the 

amounts shown above for the abovelisted company with regard to 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of these final results of 

review. For all non-reviewed firms, we 

will instruct CBP to 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, effective upon the 

publication of these final results, shall 

remain in effect until further notice. 

Assessment Rates 

In accordance with section 

751(a)(2)(C) of the Act and 19 CFR 

351.212(b)(2), Commerce has 

determined, and 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 

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). 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to an 

administrative protective order (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 

The final results 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: January 23, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Use of Facts Otherwise Available and 

Adverse Inferences 

V. Discussion of the Issues 

Comment 1: Whether Jindal Failed To 

Cooperate to the Best of Its Ability 

Comment 2: Whether Commerce Acted 

Arbitrarily in Applying Adverse Facts 

Available (AFA) to Jindal 

Comment 3: Whether the AFA Rate is 

Reasonable 

Comment 4: Whether the Advanced 

Authorization Program (AAP) and Duty 

Drawback (DDB) Schemes are 

Countervailable 

VI. Recommendation 

[FR Doc. 2024–01714 Filed 1–26–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–821–825] 

Phosphate Fertilizers From the 

Russian Federation: Notice of Court 

Decision Not in Harmony With the 

Final Determination of Countervailing 

Duty Investigation; Notice of Amended 

Final Determination and Amended 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 19, 2024, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in The Mosaic 

Company v. United States, Consol. 

Court No. 21–00117, sustaining the U.S. 

Department of Commerce’s (Commerce) 

remand redetermination pertaining to 

the countervailing duty (CVD) 

investigation of phosphate fertilizers 

from the Russian Federation (Russia) 

covering the period of investigation, 

January 1, 2019, through December 31, 

2019. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation, and 

that Commerce is amending the final 

determination and the resulting CVD 

order with respect to the countervailable 

subsidy rates assigned to Industrial 

Group Phosphorite LLC (EuroChem), 

Joint Stock Company Apatit (JSC 

Apatit), and all others. 

DATES: Applicable January 29, 2024. 


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