[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11163-11164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04274]


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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; 2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 25, 2014, the Department published the preliminary 
results of the administrative review of the countervailing duty order 
on polyethylene terephthalate film, sheet, and strip (PET film) from 
India.\1\ The period of review (POR) is January 1, 2012, through 
December 31, 2012. Based on an analysis of the comments received, the 
Department has made changes to the subsidy rate determined for Jindal 
Poly Films Limited (Jindal) and SRF Limited (SRF). The final subsidy 
rates are listed in the ``Final Results of Administrative Review'' 
section below.
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    \1\ See Polyethylene Terephthalate Film, Sheet and Strip From 
India: Preliminary Results And Partial Rescission of Countervailing 
Duty Administrative Review; 2012, 79 FR 50616 (August 25, 2014) 
(Preliminary Results 2012).

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DATES: Effective Date: March 2, 2015.

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

Scope 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

    The issues raised by Jindal and SRF in their case briefs are 
addressed in the Issues and Decision Memorandum.\2\ The

[[Page 11164]]

issues are identified 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).\3\ ACCESS is available 
to registered users at http://access.trade.gov and in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Results of 
Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip (PET film) from India; 2012,'' 
dated concurrently with this notice and herein incorporated by 
reference (Issues and Decision Memorandum).
    \3\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to ACCESS. The Web site 
location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the 
Regulations can be found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results

    Based on the comments received from Jindal, SRF, and domestic 
interested parties Polyplex USA LLC and Flex USA, we made the following 
changes to our rate calculations for Jindal and SRF: We adjusted the 
cash deposit rates for Jindal and SRF, as necessary, to exclude the 
foreign currency denominated pre- and post-export financing benefits. 
Further, we revised our allocation calculations and adjusted the 
numerator in our subsidy rate calulations for Jindal with respect to 
the Status Holder Incentive Scheme (SHIS). For a discussion of these 
issues, see the Issues and Decision Memorandum.

Final Results of Administrative Review

    In accordance with section 777A(e)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.221(b)(5), we calculated individual ad 
valorem subsidy rates for Jindal and SRF, for the POR for this 
administrative review.

------------------------------------------------------------------------
                                                                Subsidy
                    Manufacturer/exporter                        rate
                                                               (percent)
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Jindal Poly Films Limited...................................        7.66
SRF Limited.................................................        2.03
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. 
The Department will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by Jindal and SRF, respectively, 
entered or withdrawn from warehouse, for consumption from January 1, 
2012, through December 31, 2012, at 7.66 percent ad valorem and at 2.03 
percent ad valorem, respectively, of the entered value.
    The Department intends also to instruct CBP to collect cash 
deposits of estimated countervailing duties at the rate of 7.66 percent 
ad valorem for Jindal and of 2.03 \4\ percent ad valorem for SRF of the 
entered value on shipments of the subject merchandise produced and 
exported by SRF, entered, or withdrawn from warehouse, for consumption 
on or after the date of publication of the final results of this 
review. We intend to instruct CBP to continue to collect cash deposits 
for non-reviewed companies at the applicable company-specific 
countervailing duty rate for the most recent period or the all-others 
rate established in the investigation. These cash deposit rates, when 
imposed, shall remain in effect until further notice.
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    \4\ These rates reflect the cash-deposit rates adjusted for the 
termination of the pre- and post-shipment export financing program 
in foreign currency. See 19 CFR 351.526(a).
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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 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 
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 terms of an APO 
is a violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Issues and Decision Memorandum

I. Summary
II. Background
    Scope of the Order
III. Subsidies Valuation Information
    A. Allocation Period
    B. Benchmarks Interest Rates
    C. Denominator
IV. Analysis of Programs
    1. Programs Determined To Be Countervailable
    2. Program Determined To Be Terminated
    3. Programs Determined To Be Not Used
V. Analysis of Comments
    Comment 1: Whether There Has Been A Program-Wide Change for Pre-
Shipment Export Financing in Foreign Currency and Adjustment of the 
Cash Deposit Rate.
    Comment 2: Whether The Department Wrongly Countervailed Export 
Promotion Capital Goods Scheme (EPCGS) Benefits That Apply To Non-
Subject Merchandise.
    Comment 3: Whether the Department Used The Wrong Numerator To 
Calculate The POR Benefit For The Status Holder Incentive Scheme 
(SHIS).
    Comment 4: Whether The Department Made An Error In Calculating 
The POR Benefit for the SHIS.
    Comment 5: Whether The Value Added Tax (VAT) And Central Sales 
Tax (CST) Refunds Under The Industrial Promotion Subsidy (IPS) Of 
The State Government Of Maharashtra's (SGOM) Package Scheme Of 
Incentives (PSI) Is Countervailable.

[FR Doc. 2015-04274 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P