[Federal Register: April 22, 2005 (Volume 70, Number 77)]
[Notices]
[Page 20865-20866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap05-35]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-842]
Bottle-Grade Polyethylene Terephthalate (PET) Resin From India:
Amended Final Affirmative Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On March 21, 2005, the Department of Commerce (Department)
published in the Federal Register the final affirmative countervailing
duty determination on bottle-grade polyethylene terephthalate (PET)
resin from India for the period from April 1, 2003, to March 31, 2004.
Final Affirmative Countervailing Duty Determination: Bottle-Grade
Polyethylene Terephthalate (PET) Resin from India, 70 FR 13460 (March
21, 2005) (Final Determination). We are amending our Final
Determination to correct certain ministerial errors alleged by Reliance
Industries Ltd. (Reliance) pursuant to section 751(h) of the Tariff Act
of 1930, as amended (the Act). See ``Amended Final Results of Review''
section, below.
EFFECTIVE DATE: April 22, 2005.
FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Sean Carey at (202)
482-3782 and (202) 482-3964, respectively; AD/CVD Operations, Office 6,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered in this investigation is polyethylene
terephthalate (PET) bottle-grade resin, defined as having an intrinsic
viscosity of at least 0.68 deciliters per gram but not more than 0.86
deciliters per gram. The scope includes bottle-grade PET resin that
contains various additives introduced in the manufacturing process. The
scope does not include post-consumer recycle (PCR) or post-industrial
recycle (PIR) PET resin; however, included in the scope is any bottle-
grade PET resin blend of virgin PET bottle-grade resin and recycled PET
(RPET). Waste and scrap PET are outside the scope of the investigation.
Fiber-grade PET resin, which has an intrinsic viscosity of less than
0.68 decliliters per gram, is also outside the scope of the
investigation.
The merchandise subject to this investigation is properly
classified
[[Page 20866]]
under subheading 3907.60.0010 of the Harmonized Tariff Schedule of the
United States (HTSUS); however, merchandise classified under HTSUS
subheading 3907.60.0050 that otherwise meets the written description of
the scope is also subject to these investigations. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
Background
On March 21, 2005, the Department published the Final Determination
for its countervailing duty investigation of bottle grade PET Resin
from India. On March 25, 2005, in accordance with section 751(h) of the
Act and 19 CFR 351.224(c)(2), Reliance filed timely allegations that
the Department erred in calculating the countervailing duty rate for
the Final Determination. First, according to Reliance, the Department
erred by using an incorrect benchmark interest rate for calculating the
countervailable benefits from the State of Maharashtra and State of
Gujarat Programs. Second, Reliance alleged that the Department made
several typographical errors by incorrectly transcribing the benchmark
interest rate for certain imports made pursuant to the Export Promotion
Capital Goods Scheme (EPCGS) program during the first quarter of 2003.
After reviewing Reliance's allegations, we have determined that the
Department did make the errors alleged by Reliance and that those
errors are ministerial errors as defined in section 751(h) of the Act
and 19 CFR 351.224(f). Therefore, we are amending the Final
Determination to correct the above-described ministerial errors. We
agree with Reliance that the Department stated in the Final
Determination that it would use the company-specific lending rate for
the POI as the benchmark interest rate for the State of Maharashtra and
State of Gujarat Programs but in the calculations, we used a different
benchmark interest rate. We also agree with Reliance that we made a few
typographical errors in transcribing the benchmark interest rate for
the EPCGS program that was applied to certain imports under this
program during the first quarter of 2003. Accordingly, in this amended
final determination we have corrected these errors. See Analysis
Memorandum for Amended Final Countervailing Duty Determination; PET
Resin from India, dated April 18, 2005.
Amended Final Results of Review
In the Final Determination, the Department determined the
countervailing duty rate for Reliance to be 20.26 percent ad valorem,
and the ``All Others'' rate to be 14.63 percent ad valorem. As a result
of correcting the ministerial errors, the Department has amended the
countervailing duty rate for Reliance and the ``All Others'' rate. The
rates for Elque Polyesters Ltd., Futura Polyesters Ltd., and South Asia
Petrochem Ltd. have not changed since the Final Determination. The
correct countervailing duty rates are shown below:
------------------------------------------------------------------------
Producer/exporter Subsidy rate
------------------------------------------------------------------------
Reliance Industries Ltd.............. 19.97% ad valorem.
South Asia Petrochem Ltd............. 19.08% ad valorem.
Futura Polyesters Ltd................ 6.15% ad valorem.
Elque Polyesters Ltd................. 12.41% ad valorem.
All Others........................... 14.55% ad valorem.
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with our preliminary determination, we instructed
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of PET Resin from India, which were entered or withdrawn from
warehouse, for consumption on or after August 30, 2004, the date of the
publication of our Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation for merchandise entered on or
after December 28, 2004, but to continue the suspension of liquidation
of entries made between August 30, 2004, through December 27, 2004.
If the International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate suspension of liquidation under section 706(a) of the
Act for all entries, and require a cash deposit of estimated
countervailing duties for such entries of merchandise at the rates
indicated above. If the ITC determines that material injury, or threat
of material injury, does not exist, this proceeding will be terminated
and all estimated duties deposited or securities posted as a result of
the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our amended final countervailing duty determination. In
addition, we are mailing available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided that the ITC confirms that it will
not disclose such information, either publicly or under an
administrative protective order (APO), without the written consent of
the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply is a violation of the APO.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: April 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-8132 Filed 4-21-05; 8:45 am]