81 FR 13319 - Certain Polyethylene Terephthalate Resin From Canada: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range		13319-13320
FR Document		2016-05703

The Department of Commerce (``the Department'') determines that imports of certain polyethylene terephthalate resin (``PET resin'') from Canada are being sold in the United States at less than fair value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, as amended (the ``Act''). The final weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination Margins.''

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13319-13320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05703]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855]


Certain Polyethylene Terephthalate Resin From Canada: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines 
that imports of certain polyethylene terephthalate resin (``PET 
resin'') from Canada are being sold in the United States at less than 
fair value (``LTFV''), as provided in section 735 of the Tariff Act of 
1930, as amended (the ``Act''). The final weighted-average dumping 
margins of sales at LTFV are listed below in the section entitled 
``Final Determination Margins.''

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4081.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2015, the Department published in the Federal 
Register the preliminary determination in the LTFV investigation of PET 
resin from Canada.\1\ For a description of the events that have 
occurred since the Preliminary Determination, see the Issue and 
Decision Memorandum.\2\ 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 http://access.trade.gov and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
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    \1\ See Certain Polyethylene Terephthalate Resin from Canada: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 80 FR 62019 (October 
15, 2015) (``Preliminary Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
``Certain Polyethylene Terephthalate Resin from Canada: Issues and 
Decision Memorandum for the Final Determination of Sales at Less 
Than Fair Value'' (``Issues and Decision Memorandum''), dated 
concurrently with this notice.
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    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government because of snowstorm ``Jonas''. All 
deadlines in this segment

[[Page 13320]]

of the proceeding have been extended by four business days. The revised 
deadline for the final determination of this investigation is now March 
4, 2016.\3\
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    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
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Period of Investigation

    The period of investigation (``POI'') is January 1, 2014, through 
December 31, 2014.

Scope of the Investigation

    The product covered by this investigation is certain PET resin from 
Canada. For a full description of the scope of the investigation, see 
Appendix I to this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum, 
dated concurrently with and hereby adopted by this notice. A list of 
the issues that parties raised, and to which we responded in the Issues 
and Decision Memorandum, is attached to this notice as Appendix II.

Final Determination Margins

    The Department determines that the following weighted-average 
dumping margins exist for the period January 1, 2014, through December 
31, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Selenis Canada..........................................           13.60
All-Others..............................................           13.60
------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. We based our calculation of the ``all-others'' rate on the 
margin calculated for Selenis Canada, the only mandatory respondent in 
this investigation.

Disclosure

    We will disclose to parties in this proceeding the calculations 
performed for this final determination within five days of the date of 
public announcement of our final determination, in accordance with 19 
CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of certain PET resin from Canada 
which were entered, or withdrawn from warehouse, for consumption on or 
after October 15, 2015, the date of publication of the Preliminary 
Determination. We also will instruct CBP to require a cash deposit 
equal to the weighted-average amount by which normal value exceeds U.S. 
price, as follows: (1) The cash deposit rate for Selenis Canada will be 
equal to the estimated weighted-average dumping margin determined in 
this final determination; (2) if the exporter is not a firm identified 
in this investigation but the producer is, the cash deposit rate will 
be equal to the estimated weighted-average dumping margin established 
for the producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers or exporters will be 13.60 percent. The 
instructions suspending liquidation will remain in effect until further 
notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of our final 
determination. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will determine within 45 
days whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of the subject 
merchandise. If the ITC determines that such injury exists, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as a reminder to parties subject to 
administrative protective order (``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 destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

     Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
0.70, but not more than 0.88, deciliters per gram. The scope 
includes blends of virgin PET resin and recycled PET resin 
containing 50 percent or more virgin PET resin content by weight, 
provided such blends meet the intrinsic viscosity requirements 
above. The scope includes all PET resin meeting the above 
specifications regardless of additives introduced in the 
manufacturing process. The merchandise subject to these 
investigations is properly classified under subheading 3907.60.00.30 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise under 
investigation is dispositive.

Appendix II

List of Topics in the Issues and Decision Memorandum

Comment 1: Whether the Department Should Use the Depreciation 
Expenses Based On The Revaluation of Fixed Assets as Recorded in 
Selenis Canada's 2014 Audited Financial Statements
Comment 2: Whether the Department Should Calculate Interest Expenses 
Based On The Parent Company's 2014 Consolidated Financial Statements
Comment 3: Whether the Department Should Correct Selenis Canada's 
Cost Data for Adjustments Outlined In the Cost Verification Report
Comment 4: Whether the Department Should Calculate Selenis Canada's 
Costs on a Quarterly Average Basis Rather Than a Single Annual 
Average

[FR Doc. 2016-05703 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P

13320 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

of the proceeding have been extended days of the date of public with 19 CFR 351.305(a)(3). Timely
by four business days. The revised announcement of our final written notification of the destruction of
deadline for the final determination of determination, in accordance with 19 APO materials or conversion to judicial
this investigation is now March 4, CFR 351.224(b). protective order is hereby requested.
2016.3 Failure to comply with the regulations
Continuation of Suspension of
Period of Investigation Liquidation and the terms of an APO is a
sanctionable violation.
The period of investigation (‘‘POI’’) is Pursuant to section 735(c)(1)(B) of the
January 1, 2014, through December 31, Act, the Department will instruct U.S. We are issuing and publishing this
2014. Customs and Border Protection (‘‘CBP’’) determination and notice in accordance
to continue to suspend liquidation of all with sections 735(d) and 777(i) of the
Scope of the Investigation Act.
entries of certain PET resin from Canada
The product covered by this which were entered, or withdrawn from Dated: March 4, 2016.
investigation is certain PET resin from warehouse, for consumption on or after
Canada. For a full description of the Paul Piquado,
October 15, 2015, the date of
scope of the investigation, see Appendix publication of the Preliminary Assistant Secretary for Enforcement and
I to this notice. Determination. We also will instruct Compliance.

Analysis of Comments Received CBP to require a cash deposit equal to Appendix I
the weighted-average amount by which
All issues raised in the case and normal value exceeds U.S. price, as Scope of the Investigation
rebuttal briefs by parties in this follows: (1) The cash deposit rate for The merchandise covered by this
investigation are discussed in the Issues Selenis Canada will be equal to the investigation is polyethylene terephthalate
and Decision Memorandum, dated estimated weighted-average dumping (PET) resin having an intrinsic viscosity of at
concurrently with and hereby adopted margin determined in this final least 0.70, but not more than 0.88, deciliters
by this notice. A list of the issues that determination; (2) if the exporter is not per gram. The scope includes blends of virgin
parties raised, and to which we a firm identified in this investigation PET resin and recycled PET resin containing
responded in the Issues and Decision but the producer is, the cash deposit 50 percent or more virgin PET resin content
Memorandum, is attached to this notice rate will be equal to the estimated by weight, provided such blends meet the
as Appendix II. weighted-average dumping margin intrinsic viscosity requirements above. The
Final Determination Margins established for the producer of the scope includes all PET resin meeting the
subject merchandise; and (3) the cash above specifications regardless of additives
The Department determines that the deposit rate for all other producers or introduced in the manufacturing process.
following weighted-average dumping exporters will be 13.60 percent. The The merchandise subject to these
margins exist for the period January 1, instructions suspending liquidation will investigations is properly classified under
2014, through December 31, 2014: remain in effect until further notice. subheading 3907.60.00.30 of the Harmonized
Tariff Schedule of the United States
Weighted- International Trade Commission (HTSUS). Although the HTSUS subheading
average Notification
Exporter or producer dumping is provided for convenience and customs
margin In accordance with section 735(d) of purposes, the written description of the
(percent) the Act, we will notify the U.S. merchandise under investigation is
International Trade Commission (‘‘ITC’’) dispositive.
Selenis Canada .................... 13.60
of our final determination. As our final
All-Others .............................. 13.60 Appendix II
determination is affirmative, in
accordance with section 735(b)(2) of the List of Topics in the Issues and Decision
All-Others Rate Memorandum
Act, the ITC will determine within 45
Section 735(c)(5)(A) of the Act days whether the domestic industry in Comment 1: Whether the Department Should
provides that the estimated ‘‘all-others’’ the United States is materially injured, Use the Depreciation Expenses Based On
rate shall be an amount equal to the or threatened with material injury, by The Revaluation of Fixed Assets as
weighted average of the estimated reason of imports or sales (or the Recorded in Selenis Canada’s 2014
weighted-average dumping margins likelihood of sales) for importation of Audited Financial Statements
established for exporters and producers the subject merchandise. If the ITC Comment 2: Whether the Department Should
individually investigated, excluding any determines that such injury exists, the Calculate Interest Expenses Based On The
zero or de minimis margins, and any Department will issue an antidumping Parent Company’s 2014 Consolidated
margins determined entirely under duty order directing CBP to assess, upon Financial Statements
section 776 of the Act. We based our further instruction by the Department, Comment 3: Whether the Department Should
calculation of the ‘‘all-others’’ rate on antidumping duties on all imports of the Correct Selenis Canada’s Cost Data for
the margin calculated for Selenis subject merchandise entered, or Adjustments Outlined In the Cost
Canada, the only mandatory respondent withdrawn from warehouse, for Verification Report
in this investigation. consumption on or after the effective Comment 4: Whether the Department Should
Disclosure date of the suspension of liquidation. Calculate Selenis Canada’s Costs on a
Quarterly Average Basis Rather Than a
We will disclose to parties in this Return or Destruction of Proprietary
jstallworth on DSK7TPTVN1PROD with NOTICES

Single Annual Average
proceeding the calculations performed Information
[FR Doc. 2016–05703 Filed 3–11–16; 8:45 am]
for this final determination within five This notice will serve as a reminder BILLING CODE 3510–DS–P
to parties subject to administrative
3 See Memorandum to the Record from Ron
protective order (‘‘APO’’) of their
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
responsibility concerning the
Deadlines As a Result of the Government Closure disposition of proprietary information
During Snowstorm Jonas,’’ dated January 27, 2016. disclosed under APO in accordance

VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\14MRN1.SGM 14MRN1

Document Created: 2016-03-12 01:00:18
Document Modified: 2016-03-12 01:00:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Contact		Karine Gziryan, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4081.
FR Citation		81 FR 13319

81 FR 13319 - Certain Polyethylene Terephthalate Resin From Canada: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration