[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41450-41452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16420]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-825]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission in Part, and Intent To Rescind in Part; 2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to SRF Limited/SRF 
Limited of India (SRF), a producer and exporter of polyethylene 
terephthalate film, sheet, and strip (PET film) from India. The period 
of review is January 1, 2019, through December 31, 2019. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Konrad 
Ptaszynski, 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) 482-1395 
or (202) 482-6187, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2002, Commerce published in the Federal Register the 
countervailing duty (CVD) order on PET film from India.\1\ On September 
3, 2020, Commerce published a notice of initiation of an administrative 
review of the Order.\2\ On February 25, 2021, Commerce extended the 
deadline for the preliminary results of this review to no later than 
July 30, 2021.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
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    \1\ See Countervailing Duty Order; Polyethylene Terephthalate 
Film Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 
2002) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020).
    \3\ See Memorandum, ``Polyethylene Terephthalate Film, Sheet and 
Strip from India: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2019,'' dated February 
25, 2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Partial Rescission and Intent to Rescind in Part of the 
Countervailing Duty Administrative Review: Polyethylene 
Terephthalate Film, Sheet, and Strip from India; 2019,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).

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[[Page 41451]]

Scope of the Order

    The products covered by this Order are PET film from India. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id.
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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests from to MTZ Polyesters Ltd. (MTZ), Polyplex 
Corporation Ltd. (Polyplex), and Uflex Ltd. (Uflex), pursuant to 19 CFR 
351.213(d)(1). Because the withdrawal requests were timely filed, and 
no other party requested a review of these companies, in accordance 
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the 
Order with respect to MTZ, Polyplex, Uflex.

Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the CVD 
assessment rate calculated for the review period.\7\ Therefore, for an 
administrative review of a company to be conducted, there must be a 
reviewable, suspended entry that Commerce can instruct U.S. Customs and 
Border Protection (CBP) to liquidate at the calculated CVD assessment 
rate calculated for the review period.\8\
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    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, except for the mandatory 
respondent and its cross-owned companies, the companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we intend to rescind this administrative review with respect to one 
company, Vacmet India Ltd., in accordance with 19 CFR 351.213(d)(3).

Methodology

    Commerce is conducting 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 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\9\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \9\ 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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    A list of topics discussed in the Preliminary Decision Memorandum 
is included at the appendix to this notice. The Preliminary 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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.

Preliminary Rate for Non-Selected Companies Under Review

    There are three companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents. The 
statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, none of 
the rates for respondents were zero, de minimis, or based entirely on 
facts available. For the companies for which a review was requested 
that were not selected as mandatory company respondents, and for which 
Commerce did not receive a timely request for withdrawal of review, 
Commerce based the subsidy rate on the rate calculated for the sole 
mandatory respondent.

Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
determine the following net countervailable subsidy rates for the POR:
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    \10\ SRF Limited is also known as SRF Limited of India.
    \11\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                    (percent  ad
                                                             valorem)
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SRF Limited \10\........................................            2.82
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 Review-Specific Average Rate Applicable to the Following Companies \11\
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Ester Industries Limited................................            2.82
Garware Polyester Ltd...................................            2.82
Jindal Polyester Ltd....................................            2.82
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Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\12\ Interested parties may 
submit written comments (case briefs) on the preliminary results no 
later than 30 days from the date of publication of this Federal 
Register notice, and rebuttal comments (rebuttal briefs) within seven 
days after the time limit for filing case briefs.\13\ Pursuant to 19 
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in 
the case briefs. Parties who submit arguments are requested to submit 
with the argument: (1) A statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities.\14\ All briefs must be 
filed electronically using ACCESS.
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Hearing requests should contain: (1) The 
party's name, address,

[[Page 41452]]

and telephone number; (2) the number of participants; and (3) a list of 
the issues to be discussed. Issues addressed at the hearing will be 
limited to those raised in the briefs. If a request for a hearing is 
made, Commerce intends to hold the hearing at a date and time to be 
determined.\15\
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    \15\ See 19 CFR 351.310(c).
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    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\16\
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    \16\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their briefs, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, CBP shall assess, countervailing duties on 
all appropriate entries covered by this review. For the companies for 
which this review is rescinded, Commerce will instruct CBP to assess 
countervailing duties on all appropriate entries at a rate equal to the 
cash deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2019, through December 31, 2019, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the review, Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of 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).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated countervailing duties in the amounts 
shown for each of the respondents listed above on 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. For all non-reviewed firms, Commerce will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. These cash deposit 
instructions, when imposed, shall remain in effect until further 
notice.

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Non-Selected Rate
V. Intent to Rescind Administrative Review, in Part
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2021-16420 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P