Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11163 

2See also the Enforcement and Compliance Web 

site at http://trade.gov/enforcement/. 

3 In accordance with 19 CFR 351.213(b)(1), parties 

should specify that they are requesting a review of 

entries from exporters comprising the entity, and to 

the extent possible, include the names of such 

exporters in their request. 

4See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

1See 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). 

2See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Continued 

if the interested party’s attempts were 

reasonable, pursuant to 19 CFR 

351.303(f)(3)(ii). 

As explained in Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003), and NonMarket Economy Antidumping 

Proceedings: Assessment of 

Antidumping Duties, 76 FR 65694 

(October 24, 2011) the Department 

clarified its practice with respect to the 

collection of final antidumping duties 

on imports of merchandise where 

intermediate firms are involved. The 

public should be aware of this 

clarification in determining whether to 

request an administrative review of 

merchandise subject to antidumping 

findings and orders.2

Further, as explained in Antidumping 

Proceedings: Announcement of Change 

in Department Practice for Respondent 

Selection in Antidumping Duty 

Proceedings and Conditional Review of 

the Nonmarket Economy Entity in NME 

Antidumping Duty Proceedings, 78 FR 

65963 (November 4, 2013), the 

Department clarified its practice with 

regard to the conditional review of the 

non-market economy (NME) entity in 

administrative reviews of antidumping 

duty orders. The Department will no 

longer consider the NME entity as an 

exporter conditionally subject to 

administrative reviews. Accordingly, 

the NME entity will not be under review 

unless the Department specifically 

receives a request for, or self-initiates, a 

review of the NME entity.3 In 

administrative reviews of antidumping 

duty orders on merchandise from NME 

countries where a review of the NME 

entity has not been initiated, but where 

an individual exporter for which a 

review was initiated does not qualify for 

a separate rate, the Department will 

issue a final decision indicating that the 

company in question is part of the NME 

entity. However, in that situation, 

because no review of the NME entity 

was conducted, the NME entity’s entries 

were not subject to the review and the 

rate for the NME entity is not subject to 

change as a result of that review 

(although the rate for the individual 

exporter may change as a function of the 

finding that the exporter is part of the 

NME entity). 

Following initiation of an 

antidumping administrative review 

when there is no review requested of the 

NME entity, the Department will 

instruct CBP to liquidate entries for all 

exporters not named in the initiation 

notice, including those that were 

suspended at the NME entity rate. 

All requests must be filed 

electronically in Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘ACCESS’’) 

on Enforcement and Compliance’s 

ACCESS Web site at http:// 

access.trade.gov.4 Further, in 

accordance with 19 CFR 351.303(f)(l)(i), 

a copy of each request must be served 

on the petitioner and each exporter or 

producer specified in the request. 

The Department will publish in the 

Federal Register a notice of ‘‘Initiation 

of Administrative Review of 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation’’ for requests received by 

the last day of March 2015. If the 

Department does not receive, by the last 

day of March 2015, a request for review 

of entries covered by an order, finding, 

or suspended investigation listed in this 

notice and for the period identified 

above, the Department will instruct CBP 

to assess antidumping or countervailing 

duties on those entries at a rate equal to 

the cash deposit of (or bond for) 

estimated antidumping or 

countervailing duties required on those 

entries at the time of entry, or 

withdrawal from warehouse, for 

consumption and to continue to collect 

the cash deposit previously ordered. 

For the first administrative review of 

any order, there will be no assessment 

of antidumping or countervailing duties 

on entries of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption during the relevant 

provisional-measures ‘‘gap’’ period of 

the order, if such a gap period is 

applicable to the period of review. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: February 23, 2015. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2015–04275 Filed 2–27–15; 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; 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. 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
11164 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 

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). 

3On 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). 

4These rates reflect the cash-deposit rates 

adjusted for the termination of the pre- and postshipment export financing program in foreign 

currency. See 19 CFR 351.526(a). 

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. 

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 preand 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. 

Manufacturer/exporter 

Subsidy 

rate 

(percent) 

Jindal Poly Films Limited ............ 7.66 

SRF Limited ................................ 2.03 

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. 

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 NonSubject 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating the five-year 

review (‘‘Sunset Review’’) of the 

antidumping and countervailing duty 

(‘‘AD/CVD’’) orders listed below. The 

International Trade Commission (‘‘the 

Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same orders. 

DATES: Effective (March 1, 2015). 


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