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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106432-106433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31083]

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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; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and exporters of polyethylene terephthalate film, 
sheet, and strip (PET film) from India received countervailable 
subsidies during the period of review (POR) January 1, 2022, through 
December 31, 2022.

DATES: Applicable December 30, 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 12, 2024, Commerce published the Preliminary Results of 
this administrative review in the Federal Register and invited comments 
from interested parties.\1\ On December 2, 2024, we extended the 
deadline for the final results of this review to no later than January 
15, 2025.\2\ Additionally, on December 9, 2024, Commerce tolled the 
deadline to issue the final results in this administrative review by 90 
days.\3\ Accordingly, the deadline for the final results is now April 
15, 2025.
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    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2022, 89 FR 65591 (August 
12, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated December 2, 2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
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    For a complete description of the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\4\ 
Commerce conducted this review in accordance with section 751(a)(1)(A) 
of the Tariff Act of 1930, as amended (the Act).
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Polyethylene Terephthalate Film, Sheet, and Strip from India; 
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order 5
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    \5\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
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    The merchandise covered by the Order is PET film from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case brief submitted by interested parties 
in this review are addressed in the Issues and Decision Memorandum. The 
topics discussed and the issues raised by parties to which we responded 
in the Issues and Decision Memorandum are listed 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 received from interested parties, 
we made changes to the net countervailable subsidy rates for Jindal 
Poly Films Limited (Jindal). For a discussion of these changes, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of 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.\6\ In making this 
final determination, Commerce relied, in part, on facts otherwise 
available, including with an adverse inference, pursuant to sections 
776(a) and (b) of the Act. For a complete description of the 
methodology underlying all of Commerce's conclusions, see the Issues 
and Decision Memorandum.
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    \6\ 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.
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Final Results of the Administrative Review

    Commerce determines that the following net countervailable subsidy 
rates exist for the period January 1, 2022, through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Jindal Poly Films Limited...............................        * 122.75
Garware Hi-Tech Films Limited...........................            4.96
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with these final results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final results in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, we 
did not make any changes from the preliminary subsidy rates calculated 
for Garware Hi-Tech Films Limited (Garware); therefore, we will not 
disclose any calculation documents for Garware for these final results 
of review.

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border 
Protection (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

[[Page 106433]]

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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies listed 
above for shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of this administrative review. For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (i.e., 20.40 percent), as 
appropriate.\7\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
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    \7\ See Order, 67 FR at 44180.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an 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

    These final results of administrative review 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: December 19, 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. Garware Corporate Name Change
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Erred in Excluding Certain Programs 
in its Adverse Facts Available (AFA) Calculations for Jindal
    Comment 2: Whether Commerce Erred in Selecting AFA Rates Lower 
than the Highest Non-De Minimis Rate for Certain Programs in its AFA 
Calculation for Jindal
IX. Recommendation

[FR Doc. 2024-31083 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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