81_FR_13380 81 FR 13331 - Certain Polyethylene Terephthalate Resin From the People's Republic of China: Final Determination of Sales at Less Than Fair Value

81 FR 13331 - Certain Polyethylene Terephthalate Resin From the People's Republic of China: 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 Range13331-13334
FR Document2016-05707

The Department of Commerce (the Department) determines that imports of certain polyethylene terephthalate resin (PET resin) from the People's Republic of China (PRC) 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 in the ``Final Determination Margins'' section, infra.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016) 
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13331-13334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05707]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-024]


Certain Polyethylene Terephthalate Resin From the People's 
Republic of China: 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 
the People's Republic of China (PRC) 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 in the ``Final 
Determination Margins'' section, infra.

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Tyler Weinhold, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1131 or (202) 
482-1121, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 15, 2015, the Department of Commerce (Department) 
published in the Federal Register the preliminary determination in the 
LTFV investigation of PET resin from the PRC.\1\ For a

[[Page 13332]]

description of the events that have occurred since the Preliminary 
Determination, see the Issue and Decision Memorandum, which is hereby 
adopted by this notice.\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 the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 80 FR 
62024 (October 15, 2015) (Preliminary Determination). We later 
published a correction to that notice, which corrected errors in the 
weighted-average margin chart appearing in the Preliminary 
Determination (see Certain Polyethylene Terephthalate Resin From the 
People's Republic of China: Notice of Correction to Preliminary 
Affirmative Less Than Fair Value Determination, 80 FR 69643 
(November 10, 2015).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination of the 
Antidumping Duty Investigation of Certain Polyethylene Terephthalate 
Resin From the People's Republic of China,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
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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 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.

Period of Investigation

    The period of investigation (POI) is July 1, 2014, through December 
31, 2014.

Scope of the Investigation

    The merchandise covered by this investigation is certain PET resin 
from the PRC. 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 addressed in the Issues and Decision Memorandum 
accompanying this notice. A list of the issues raised and to which the 
Department responded is attached to this notice as Appendix II.

Changes to the Margin Calculations Since the Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we made certain changes to our margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Combination Rates

    In the Initiation Notice,\3\ the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\4\
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    \3\ See Certain Polyethylene Terephthalate Resin From Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376 
(April 6, 2015) (Initiation Notice).
    \4\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Separate Rate

    Under section 735(c)(5)(A) of the Act, the rate for all other 
companies that have not been individually examined is normally an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely on the basis of facts available. In this 
final determination, the Department has calculated rates for both 
mandatory respondents that are not zero, de minimis, or based entirely 
on facts available. Therefore, the Department has assigned to the 
companies that have not been individually examined but have 
demonstrated their eligibility for a separate rate a margin of 114.47 
percent, which is the weighted-average of Xingyu's and FEIS's margins 
using publicly-ranged quantities for their sales of subject 
merchandise.\5\
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    \5\ See Memorandum to the File entitled ``Final Determination of 
the Investigation of Certain Polyethylene Terephthalate Resin from 
the People's Republic of China: Calculation of the Final Margin for 
Separate Rate Companies,'' dated concurrently with this notice. With 
two respondents, we normally calculate: (A) A weighted-average of 
the dumping margins calculated for the mandatory respondents; (B) a 
simple average of the dumping margins calculated for the mandatory 
respondents; and (C) a weighted-average of the dumping margins 
calculated for the mandatory respondents using each company's 
publicly-ranged values for the merchandise under consideration. We 
compare (B) and (C) to (A) and select the rate closest to (A) as the 
most appropriate rate for all other companies. See Ball Bearings and 
Parts Thereof From France, Germany, Italy, Japan, and the United 
Kingdom: Final Results of Antidumping Duty Administrative Reviews, 
Final Results of Changed-Circumstances Review, and Revocation of an 
Order in Part, 75 FR 53661, 53663 (September 1, 2010).
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PRC-Wide Rate

    In our Preliminary Determination, we found that certain PRC 
exporters and/or producers of the merchandise under consideration 
during the POI did not respond to the Department's quantity and value 
questionnaire. As a result, we preliminarily determined to calculate 
the PRC-wide rate on the basis of adverse facts available (AFA). For 
the final determination, we have determined to use, as the AFA rate 
applied to the PRC-wide entity, 126.58 percent, the highest CONNUM-
specific dumping margin calculated in this final determination. 
Consistent with our practice, the Department selected Xingyu's highest 
CONNUM-specific margin, as AFA, because this rate is higher than the 
other rates in this investigation and therefore, sufficiently adverse 
to serve the purposes of facts available.\6\ Furthermore, there is no 
need to corroborate the selected margin because it is based on 
information submitted by Xingyu in the course of this investigation, 
i.e., it is not secondary information.\7\
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    \6\ See Issues and Decision Memorandum for a detailed 
discussion.
    \7\ See 19 CFR 351.308(c) and (d) and section 776(c) of the Act.
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Final Determination Margins

    The Department determines that the final weighted-average dumping 
margins, and cash deposit rates reflecting adjustments to the weighted-
average dumping margins to account for export subsidies and estimated 
domestic subsidy pass-through (see below for additional explanation), 
are as follows:

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                                                                                         Weighted-       Cash
                                                                                          average      deposit
                   Exporter                                    Producer                   marginl        rate
                                                                                         (percent)    (percent)
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Far Eastern Industries (Shanghai) Ltd. or       Far Eastern Industries (Shanghai) Ltd.       104.98        99.29
 Oriental Industries (Suzhou) Limited.\8\        or Oriental Industries (Suzhou)
                                                 Limited.

[[Page 13333]]

 
Jiangyin Xingyu New Material Co., Ltd. or       Jiangyin Xingyu New Material Co., Ltd.       118.32       114.25
 Jiangsu Xingye Plastic Co., Ltd. or Jiangyin    or Jiangsu Xingye Plastic Co., Ltd.
 Xingjia Plastic Co., Ltd. or Jiangyin Xingtai   or Jiangyin Xingjia Plastic Co., Ltd.
 New Material Co., Ltd. or Jiangsu Xingye        or Jiangyin Xingtai New Material Co.,
 Polytech Co., Ltd.\9\                           Ltd. or Jiangsu Xingye Polytech Co.,
                                                 Ltd.
Dragon Special Resin (XIAMEN) Co., Ltd........  Dragon Special Resin (XIAMEN) Co., Ltd       114.47       100.90
Hainan Yisheng Petrochemical Co., Ltd.........  Hainan Yisheng Petrochemical Co., Ltd.       114.47       105.75
Shanghai Hengyi Polyester Fiber Co., Ltd......  Shanghai Hengyi Polyester Fiber Co.,         114.47       105.75
                                                 Ltd.
Zhejiang Wankai New Materials Co., Ltd........  Zhejiang Wankai New Materials Co., Ltd       114.47       105.75
PRC-Wide Entity...............................  ......................................       126.58       125.75
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\8\ In the Preliminary Determination, we collapsed Oriental Industries (Suzhou) Limited with FEIS. No parties
  challenged those findings, and we are continuing to collapse those firms in this final determination.
\9\ In the Preliminary Determination, we collapsed four firms (Jiangsu Xingye Plastic Co., Ltd., Jiangyin
  Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., and Jiangsu Xingye Polytech Co., Ltd.)
  with Xingyu. No parties challenged those findings, and we are continuing to so collapse those firms in this
  final determination.

Disclosure

    We intend to 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 PET resin from the PRC, which 
were entered, or withdrawn from warehouse, for consumption on or after 
October 15, 2015, the date of publication in the Federal Register of 
the affirmative Preliminary Determination. Further, pursuant to section 
735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to 
require a cash deposit \10\ equal to the weighted-average amount by 
which the normal value exceeds U.S. price, adjusted where appropriate 
for export subsidies and estimated domestic subsidy pass-through,\11\ 
as follows: (1) For the exporter/producer combination listed in the 
table above, the cash deposit rate will be equal to the dumping margin 
which the Department determined in this final determination; (2) for 
all combinations of PRC exporters/producers of merchandise under 
consideration which have not received their own separate rate above, 
the cash deposit rate will be equal to the dumping margin established 
for the PRC-wide entity; and (3) for all non-PRC exporters of 
merchandise under consideration which have not received their own 
separate rate above, the cash deposit rate will be equal to the cash 
deposit rate applicable to the PRC exporter/producer combination that 
supplied that non-PRC exporter. The suspension of liquidation 
instructions will remain in effect until further notice.
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \11\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively.
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    Consistent with the Preliminary Determination and as noted above, 
where the product under investigation is also subject to a concurrent 
countervailing duty investigation, we instruct CBP to require a cash 
deposit less the amount of the countervailing duty determined to 
constitute any export subsidies or domestic subsidy pass through. 
Therefore, in the event that countervailing duty order is issued and 
suspension of liquidation is resumed in the companion countervailing 
duty investigation on PET resin from the PRC, the Department will 
instruct CBP to require cash deposits adjusted by the amount of export 
subsidies and domestic subsidy pass through, as appropriate. These 
adjustments are reflected in the final column of the rate chart, 
above.\12\ Until such suspension of liquidation is resumed in the 
companion countervailing duty investigation, and so long as suspension 
of liquidation continues under this antidumping duty investigation, the 
cash deposit rates for this antidumping duty investigation will be the 
rates identified in the weighted-average margin column in the rate 
chart, above.
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    \12\ For details regarding the calculation of these adjustments, 
see the March 4, 2016, memorandum to the File entitled ``Certain 
Polyethylene Terephthalate Resin From the People's Republic of 
China: Final Double Remedies Calculation Memorandum.''
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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.


[[Page 13334]]


    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 this investigation 
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--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Use of Adverse Facts Available
VI. Description of the Issues
    Comment 1: PTA Value
    Comment 2: Brokerage and Handling Expense Source of Valuation
    Comment 3: Brokerage and Handling Expense Denominator's Cargo 
Load Volume
    Comment 4: Brokerage and Handling Expense Letter of Credit Cost
    Comment 5: Addition of Brokerage and Handling Expenses to FOP 
Surrogate Values
    Comment 6: Inland Freight Expense Source of Valuation
    Comment 7: Inland Freight Expense Denominator's Cargo Load 
Volume
    Comment 8: Inland Freight Expense Denominator's Distance
    Comment 9: Thai Labor Values
    Comment 10: Irrecoverable VAT
    Comment 11: FEIS Verification Minor Corrections
    Comment 12: FEIS Chilled Water
    Comment 13: FEIS Freight Distance for Factors of Production
    Comment 14: FEIS International Freight Expense
    Comment 15: FEIS U.S. Inland Freight Expense
    Comment 16: Xingyu Indirect Labor
    Comment 17: Xingyu IPA Consumption Recommendation

[FR Doc. 2016-05707 Filed 3-11-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13331 Decision Memorandum are identical in U.S. Department of Commerce, 14th 3. Scope of the Order content. Street and Constitution Avenue NW., 4. Attribution of Subsidies Washington, DC 20230, at a time and 5. Analysis of Programs Preliminary Results of the Review 5 A. Programs Preliminarily Determined to location to be determined.9 Parties In accordance with 19 CFR be Countervailable should confirm by telephone the date, B. Programs Preliminarily Determined Not 351.221(b)(4)(i), we calculated an time, and location of the hearing. To Confer a Benefit individual subsidy rate for DSM, the Parties are reminded that briefs and C. Additional Programs Preliminarily firm subject to the administrative hearing requests are to be filed Determined That Were not Used During review. For the period January 1, 2014, electronically using ACCESS and that the POR through December 31, 2014, we electronically filed documents must be 6. Recommendation preliminarily determine the total net received successfully in their entirety by [FR Doc. 2016–05569 Filed 3–11–16; 8:45 am] countervailable subsidy rate for DSM is 5:00 p.m Eastern Time on the due date. BILLING CODE 3510–DS–P 0.01 percent which is de minimis. We Unless the deadline is extended preliminarily determine that the net pursuant to section 751(a)(3)(A) of the countervailable subsidy rate for Act, the Department will issue the final DEPARTMENT OF COMMERCE Hyundai Steel, the firm subject to the results of this administrative review, NSR, is 0.23 percent ad valorem, which including the results of our analysis of International Trade Administration is de minimis. the issues raised by parties in their comments, within 120 days after [A–570–024] Disclosure and Public Comment issuance of these preliminary results. Certain Polyethylene Terephthalate The Department intends to disclose to Assessment Rates Resin From the People’s Republic of parties to this proceeding the The Department intends to issue China: Final Determination of Sales at calculations performed in reaching the assessment instructions to U.S. Customs Less Than Fair Value preliminary results within five days of the date of publication of these and Border Protection (CBP) 15 days AGENCY: Enforcement and Compliance, preliminary results.6 Interested parties after the date of publication of the final International Trade Administration, may submit written arguments (case results of this review. If the final results Department of Commerce. briefs) within 30 days of publication of remain the same as these preliminary SUMMARY: The Department of Commerce the preliminary results and rebuttal results, the Department will instruct (the Department) determines that comments (rebuttal briefs) within five CBP to liquidate without regard to CVDs imports of certain polyethylene days after the time limit for filing the all shipments of subject merchandise terephthalate resin (PET resin) from the case briefs.7 Pursuant to 19 CFR produced by DSM and Hyundai Steel People’s Republic of China (PRC) are 351.309(d)(2), rebuttal briefs must be entered or withdrawn from warehouse, being sold in the United States at less limited to issues raised in the case for consumption from January 1, 2014, than fair value (LTFV), as provided in briefs. Parties who submit arguments are through December 31, 2014. section 735 of the Tariff Act of 1930, as requested to submit with the argument: Cash Deposit Instructions amended (the Act). The final weighted- (1) Statement of the issue; (2) a brief average dumping margins of sales at summary of the argument; and (3) a The Department also intends to instruct CBP to collect cash deposits of LTFV are listed in the ‘‘Final table of authorities. Determination Margins’’ section, infra. Interested parties who wish to request zero percent on shipments of the subject merchandise produced and/or exported DATES: Effective Date: March 14, 2016. a hearing must submit a written request to the Assistant Secretary for by DSM and Hyundai Steel entered or FOR FURTHER INFORMATION CONTACT: Enforcement and Compliance, U.S. withdrawn from warehouse, for Steve Bezirganian or Tyler Weinhold, Department of Commerce, within 30 consumption on or after the date of AD/CVD Operations, Office VI, days after the date of publication of this publication of the final results of this Enforcement and Compliance, notice.8 Requests should contain the review. For all non-reviewed firms, we International Trade Administration, party’s name, address, and telephone will instruct CBP to collect cash U.S. Department of Commerce, 1401 number, the number of participants, and deposits of estimated countervailing Constitution Avenue NW., Washington, a list of the issues to be discussed. If a duties at the most recent company- DC 20230; telephone: (202) 482–1131 or request for a hearing is made, we will specific or all-others rate applicable to (202) 482–1121, respectively. inform parties of the scheduled date for the company. These cash deposit SUPPLEMENTARY INFORMATION: the hearing, which will be held at the requirements, when imposed, shall remain in effect until further notice. Background 5 As explained in the memorandum from the This administrative review and notice On October 15, 2015, the Department Acting Assistant Secretary for Enforcement and are in accordance with sections of Commerce (Department) published in Compliance, the Department has exercised its 751(a)(1) and 777(i)(1) of the Act and 19 the Federal Register the preliminary discretion to toll all administrative deadlines due CFR 351.213. to the recent closure of the Federal Government. determination in the LTFV investigation See Memorandum to the Record from Ron Dated: March 4, 2016. of PET resin from the PRC.1 For a Lorentzen, Acting A/S for Enforcement & Paul Piquado, Compliance, regarding ‘‘Tolling of Administrative 1 See Certain Polyethylene Terephthalate Resin Deadlines As a Result of the Government Closure Assistant Secretary for Enforcement and From the People’s Republic of China: Preliminary During Snowstorm Jonas,’’ dated January 27, 2016. Compliance. Determination of Sales at Less Than Fair Value and jstallworth on DSK7TPTVN1PROD with NOTICES All deadlines in this segment of the proceeding Postponement of Final Determination, 80 FR 62024 have been extended by four business days. The Appendix (October 15, 2015) (Preliminary Determination). We revised deadline for the preliminary determination List of Topics Discussed in the Preliminary later published a correction to that notice, which of this administrative review and NSR is now corrected errors in the weighted-average margin Decision Memorandum: March 4, 2016. chart appearing in the Preliminary Determination 6 See 19 CFR 351.224(b). 1. Summary (see Certain Polyethylene Terephthalate Resin From 7 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 2. Background the People’s Republic of China: Notice of Correction 19 CFR 351.303 (for general filing requirements). to Preliminary Affirmative Less Than Fair Value 8 See 19 CFR 351.310(c). 9 See 19 CFR 351.310. Determination, 80 FR 69643 (November 10, 2015). VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1

13332 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices description of the events that have Analysis of Comments Received demonstrated their eligibility for a occurred since the Preliminary All issues raised in the case and separate rate a margin of 114.47 percent, Determination, see the Issue and rebuttal briefs by parties in this which is the weighted-average of Decision Memorandum, which is hereby investigation are addressed in the Issues Xingyu’s and FEIS’s margins using adopted by this notice.2 The Issues and and Decision Memorandum publicly-ranged quantities for their sales Decision Memorandum is a public accompanying this notice. A list of the of subject merchandise.5 document and is on file electronically issues raised and to which the via Enforcement and Compliance’s PRC-Wide Rate Department responded is attached to Antidumping and Countervailing Duty this notice as Appendix II. In our Preliminary Determination, we Centralized Electronic Service System found that certain PRC exporters and/or (ACCESS). ACCESS is available to Changes to the Margin Calculations Since the Preliminary Determination producers of the merchandise under registered users at http:// consideration during the POI did not access.trade.gov and to all parties in the Based on the Department’s analysis of respond to the Department’s quantity Central Records Unit, room B8024 of the the comments received and our findings and value questionnaire. As a result, we main Department of Commerce at verification, we made certain changes preliminarily determined to calculate building. In addition, a complete to our margin calculations. For a the PRC-wide rate on the basis of version of the Issues and Decision discussion of these changes, see the adverse facts available (AFA). For the Memorandum can be accessed directly Issues and Decision Memorandum. final determination, we have at http://enforcement.trade.gov. The determined to use, as the AFA rate signed and electronic versions of the Combination Rates applied to the PRC-wide entity, 126.58 Issues and Decision Memorandum are In the Initiation Notice,3 the percent, the highest CONNUM-specific identical in content. Department stated that it would dumping margin calculated in this final As explained in the memorandum calculate combination rates for the determination. Consistent with our from the Acting Assistant Secretary for respondents that are eligible for a practice, the Department selected Enforcement & Compliance, the separate rate in this investigation. Policy Xingyu’s highest CONNUM-specific Department has exercised its discretion Bulletin 05.1 describes this practice.4 margin, as AFA, because this rate is to toll all administrative deadlines due Separate Rate higher than the other rates in this to the recent closure of the Federal Under section 735(c)(5)(A) of the Act, investigation and therefore, sufficiently Government because of snowstorm the rate for all other companies that adverse to serve the purposes of facts ‘‘Jonas.’’ All deadlines in this segment have not been individually examined is available.6 Furthermore, there is no of the proceeding have been extended normally an amount equal to the need to corroborate the selected margin by four business days. The revised weighted average of the estimated because it is based on information deadline for the final determination of weighted average dumping margins submitted by Xingyu in the course of this investigation is now March 4, 2016. established for exporters and producers this investigation, i.e., it is not Period of Investigation individually investigated, excluding any secondary information.7 The period of investigation (POI) is zero and de minimis margins, and any Final Determination Margins July 1, 2014, through December 31, margins determined entirely on the 2014. basis of facts available. In this final The Department determines that the determination, the Department has final weighted-average dumping Scope of the Investigation calculated rates for both mandatory margins, and cash deposit rates The merchandise covered by this respondents that are not zero, de reflecting adjustments to the weighted- investigation is certain PET resin from minimis, or based entirely on facts average dumping margins to account for the PRC. For a full description of the available. Therefore, the Department has export subsidies and estimated domestic scope of the investigation, see Appendix assigned to the companies that have not subsidy pass-through (see below for I to this notice. been individually examined but have additional explanation), are as follows: Weighted- Cash average deposit Exporter Producer marginl rate (percent) (percent) Far Eastern Industries (Shanghai) Ltd. or Oriental Indus- Far Eastern Industries (Shanghai) Ltd. or Oriental In- 104.98 99.29 tries (Suzhou) Limited.8 dustries (Suzhou) Limited. 2 See Memorandum from Christian Marsh, Deputy Practice and Application of Combination Rates in calculated for the mandatory respondents using Assistant Secretary for Antidumping and Antidumping Investigations involving Non-Market each company’s publicly-ranged values for the Countervailing Duty Operations, to Paul Piquado, Economy Countries,’’ (April 5, 2005) (Policy merchandise under consideration. We compare (B) Assistant Secretary for Enforcement and Bulletin 05.1), available on the Department’s Web and (C) to (A) and select the rate closest to (A) as Compliance, ‘‘Issues and Decision Memorandum for site at http://enforcement.trade.gov/policy/bull05- the most appropriate rate for all other companies. the Final Determination of the Antidumping Duty 1.pdf. Investigation of Certain Polyethylene Terephthalate 5 See Memorandum to the File entitled ‘‘Final See Ball Bearings and Parts Thereof From France, Resin From the People’s Republic of China,’’ dated Determination of the Investigation of Certain Germany, Italy, Japan, and the United Kingdom: jstallworth on DSK7TPTVN1PROD with NOTICES concurrently with this notice (Issues and Decision Polyethylene Terephthalate Resin from the People’s Final Results of Antidumping Duty Administrative Memorandum). Republic of China: Calculation of the Final Margin Reviews, Final Results of Changed-Circumstances 3 See Certain Polyethylene Terephthalate Resin Review, and Revocation of an Order in Part, 75 FR for Separate Rate Companies,’’ dated concurrently From Canada, the People’s Republic of China, with this notice. With two respondents, we 53661, 53663 (September 1, 2010). India, and the Sultanate of Oman: Initiation of Less- normally calculate: (A) A weighted-average of the 6 See Issues and Decision Memorandum for a Than-Fair-Value Investigations, 80 FR 18376 (April dumping margins calculated for the mandatory detailed discussion. 6, 2015) (Initiation Notice). respondents; (B) a simple average of the dumping 7 See 19 CFR 351.308(c) and (d) and section 4 See Enforcement and Compliance’s Policy margins calculated for the mandatory respondents; Bulletin No. 05.1, regarding, ‘‘Separate-Rates and (C) a weighted-average of the dumping margins 776(c) of the Act. 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Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13333 Weighted- Cash average deposit Exporter Producer marginl rate (percent) (percent) Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Jiangyin Xingyu New Material Co., Ltd. or Jiangsu 118.32 114.25 Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd.9 Jiangsu Xingye Polytech Co., Ltd. Dragon Special Resin (XIAMEN) Co., Ltd ........................ Dragon Special Resin (XIAMEN) Co., Ltd ....................... 114.47 100.90 Hainan Yisheng Petrochemical Co., Ltd ........................... Hainan Yisheng Petrochemical Co., Ltd .......................... 114.47 105.75 Shanghai Hengyi Polyester Fiber Co., Ltd ....................... Shanghai Hengyi Polyester Fiber Co., Ltd ...................... 114.47 105.75 Zhejiang Wankai New Materials Co., Ltd ......................... Zhejiang Wankai New Materials Co., Ltd ........................ 114.47 105.75 PRC-Wide Entity ............................................................... ........................................................................................... 126.58 125.75 8 In the Preliminary Determination, we collapsed Oriental Industries (Suzhou) Limited with FEIS. No parties challenged those findings, and we are continuing to collapse those firms in this final determination. 9 In the Preliminary Determination, we collapsed four firms (Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., and Jiangsu Xingye Polytech Co., Ltd.) with Xingyu. No parties challenged those findings, and we are continuing to so collapse those firms in this final determination. Disclosure exporters of merchandise under International Trade Commission We intend to disclose to parties in consideration which have not received Notification this proceeding the calculations their own separate rate above, the cash deposit rate will be equal to the cash In accordance with section 735(d) of performed for this final determination the Act, we will notify the U.S. within five days of the date of public deposit rate applicable to the PRC exporter/producer combination that International Trade Commission (ITC) of announcement of our final supplied that non-PRC exporter. The our final determination. As our final determination, in accordance with 19 suspension of liquidation instructions determination is affirmative, in CFR 351.224(b). will remain in effect until further notice. accordance with section 735(b)(2) of the Continuation of Suspension of Act, the ITC will determine within 45 Liquidation Consistent with the Preliminary days whether the domestic industry in Determination and as noted above, the United States is materially injured, Pursuant to section 735(c)(1)(B) of the where the product under investigation Act, the Department will instruct U.S. or threatened with material injury, by is also subject to a concurrent reason of imports or sales (or the Customs and Border Protection (CBP) to countervailing duty investigation, we likelihood of sales) for importation of continue to suspend liquidation of all instruct CBP to require a cash deposit the subject merchandise. If the ITC entries of PET resin from the PRC, which were entered, or withdrawn from less the amount of the countervailing determines that such injury exists, the warehouse, for consumption on or after duty determined to constitute any Department will issue an antidumping October 15, 2015, the date of export subsidies or domestic subsidy duty order directing CBP to assess, upon publication in the Federal Register of pass through. Therefore, in the event further instruction by the Department, the affirmative Preliminary that countervailing duty order is issued antidumping duties on all imports of the Determination. Further, pursuant to and suspension of liquidation is subject merchandise entered, or section 735(c)(1)(B)(ii) of the Act, the resumed in the companion withdrawn from warehouse, for Department will instruct CBP to require countervailing duty investigation on consumption on or after the effective a cash deposit 10 equal to the weighted- PET resin from the PRC, the Department date of the suspension of liquidation. average amount by which the normal will instruct CBP to require cash value exceeds U.S. price, adjusted deposits adjusted by the amount of Return or Destruction of Proprietary where appropriate for export subsidies export subsidies and domestic subsidy Information and estimated domestic subsidy pass- pass through, as appropriate. These through,11 as follows: (1) For the This notice will serve as a reminder adjustments are reflected in the final exporter/producer combination listed in to parties subject to administrative column of the rate chart, above.12 Until the table above, the cash deposit rate such suspension of liquidation is protective order (APO) of their will be equal to the dumping margin resumed in the companion responsibility concerning the which the Department determined in countervailing duty investigation, and disposition of proprietary information this final determination; (2) for all so long as suspension of liquidation disclosed under APO in accordance combinations of PRC exporters/ continues under this antidumping duty with 19 CFR 351.305(a)(3). Timely producers of merchandise under investigation, the cash deposit rates for written notification of the destruction of consideration which have not received this antidumping duty investigation will APO materials or conversion to judicial their own separate rate above, the cash protective order is hereby requested. be the rates identified in the weighted- deposit rate will be equal to the Failure to comply with the regulations average margin column in the rate chart, dumping margin established for the and the terms of an APO is a above. PRC-wide entity; and (3) for all non-PRC jstallworth on DSK7TPTVN1PROD with NOTICES sanctionable violation. 10 See Modification of Regulations Regarding the We are issuing and publishing this Practice of Accepting Bonds During the Provisional 12 For details regarding the calculation of these determination and notice in accordance Measures Period in Antidumping and adjustments, see the March 4, 2016, memorandum with sections 735(d) and 777(i) of the Countervailing Duty Investigations, 76 FR 61042 to the File entitled ‘‘Certain Polyethylene Act. (October 3, 2011). Terephthalate Resin From the People’s Republic of 11 See sections 772(c)(1)(C) and 777A(f) of the China: Final Double Remedies Calculation Act, respectively. Memorandum.’’ VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1

13334 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices Dated: March 4, 2016. DEPARTMENT OF COMMERCE Memorandum is a public document and Paul Piquado, is on file electronically via Enforcement Assistant Secretary for Enforcement and International Trade Administration and Compliance’s Antidumping and Compliance. [C–533–862] Countervailing Duty Centralized Electronic Service System (ACCESS). Appendix I—Scope of the Investigation ACCESS is available to registered users Countervailing Duty Investigation of The merchandise covered by this Certain Polyethylene Terephthalate at http://access.trade.gov, and is investigation is polyethylene terephthalate Resin From India: Final Affirmative available to all parties in the Central (PET) resin having an intrinsic viscosity of at Determination and Final Affirmative Records Unit, room B8024 of the main least 0.70, but not more than 0.88, deciliters Critical Circumstances Determination, Department of Commerce building. In per gram. The scope includes blends of virgin in Part addition, a complete version of the PET resin and recycled PET resin containing Issues and Decision Memorandum can 50 percent or more virgin PET resin content AGENCY: Enforcement and Compliance, be accessed directly at http://trade.gov/ by weight, provided such blends meet the International Trade Administration, enforcement. The signed Issues and intrinsic viscosity requirements above. The Department of Commerce. Decision Memorandum and the scope includes all PET resin meeting the SUMMARY: The Department of Commerce electronic versions of the Issues and above specifications regardless of additives (the Department) determines that Decision Memorandum are identical in introduced in the manufacturing process. countervailable subsidies are being content. The merchandise subject to this investigation provided to producers and exporters of As explained in the memorandum is properly classified under subheading certain polyethylene terephthalate (PET) from the Acting Assistant Secretary for 3907.60.00.30 of the Harmonized Tariff resin from India as provided in section Enforcement and Compliance, the Schedule of the United States (HTSUS). 705 of the Tariff Act of 1930, as Department has exercised its discretion Although the HTSUS subheading is provided amended (the Act). For information on to toll all administrative deadlines due for convenience and customs purposes, the the estimated subsidy rates, see the to the recent closure of the Federal written description of the merchandise under ‘‘Final Determination’’ section of this Government. All deadlines in this investigation is dispositive. notice. The period of investigation is segment of the proceeding have been January 1, 2014, through December 31, extended by four business days. The Appendix II—Issues and Decision 2014. revised deadline for the final Memorandum DATES: Effective Date: March 14, 2016. determination is now March 4, 2016.4 I. Summary FOR FURTHER INFORMATION CONTACT: II. Background Scope of the Investigation Yasmin Bordas or John Corrigan, AD/ III. Scope of the Investigation CVD Operations, Office VI, Enforcement The merchandise covered by this IV. Changes Since the Preliminary and Compliance, International Trade investigation is PET resin. The Determination Administration, U.S. Department of merchandise subject to this V. Use of Adverse Facts Available Commerce, 14th Street and Constitution investigation is properly classified VI. Description of the Issues Avenue NW, Washington, DC 20230; under subheading 3907.60.00.30 of the Comment 1: PTA Value telephone (202) 482–3813 or (202) 482– Harmonized Tariff Schedule of the Comment 2: Brokerage and Handling 7438, respectively. United States (HTSUS). Although the Expense Source of Valuation HTSUS subheading is provided for Comment 3: Brokerage and Handling SUPPLEMENTARY INFORMATION: convenience and customs purposes, the Expense Denominator’s Cargo Load Background written description of the merchandise Volume under investigation is dispositive. For a Comment 4: Brokerage and Handling The Department published the complete description of the scope of this Expense Letter of Credit Cost Preliminary Determination on August investigation, see Appendix II. Comment 5: Addition of Brokerage and 14, 2015,1 and placed the Post- The Department did not receive Handling Expenses to FOP Surrogate Preliminary Memorandum on the record comments regarding the scope of this Values of this investigation on November 13, investigation. Comment 6: Inland Freight Expense Source 2015.2 A summary of the events that of Valuation occurred since the post-preliminary Methodology Comment 7: Inland Freight Expense determination, as well as a full The Department is conducting this Denominator’s Cargo Load Volume discussion of the issues raised by parties countervailing duty (CVD) investigation Comment 8: Inland Freight Expense for this final determination, may be in accordance with section 701 of the Denominator’s Distance found in the Issues and Decision Tariff Act of 1930, as amended (the Act). Comment 9: Thai Labor Values Memorandum.3 The Issues and Decision For each of the subsidy programs found Comment 10: Irrecoverable VAT countervailable, we determine that there Comment 11: FEIS Verification Minor 1 See Countervailing Duty Investigation of Certain is a subsidy, i.e., a financial Corrections Polyethylene Terephthalate Resin From India: Preliminary Affirmative Determination, Preliminary contribution by an ‘‘authority’’ that Comment 12: FEIS Chilled Water Affirmative Critical Circumstances Determination, Comment 13: FEIS Freight Distance for in Part, and Alignment of Final Determination With Assistant Secretary for Enforcement and Factors of Production Final Antidumping Duty Determination, 80 FR Compliance, ‘‘Issues and Decision Memorandum for Comment 14: FEIS International Freight 48819 (August 14, 2015) (Preliminary the Final Affirmative Determination in the Expense Determination). Countervailing Duty Investigation of Certain jstallworth on DSK7TPTVN1PROD with NOTICES 2 See Memorandum to Paul Piquado, Assistant Polyethylene Terephthalate Resin from India,’’ Comment 15: FEIS U.S. Inland Freight Secretary for Enforcement and Compliance, ‘‘RE: dated concurrently with this notice (Issues and Expense Countervailing Duty (CVD) Investigation on Certain Decision Memorandum). Comment 16: Xingyu Indirect Labor Polyethylene Terephthalate Resin from India—New 4 See Memorandum to the Record from Ron Comment 17: Xingyu IPA Consumption Subsidy Allegations,’’ dated November 13, 2015 Lorentzen, Acting Assistant Secretary for Recommendation (Post-Preliminary Memorandum). Enforcement & Compliance, regarding ‘‘Tolling of 3 See Memorandum from Christian Marsh, Deputy Administrative Deadlines As a Result of the [FR Doc. 2016–05707 Filed 3–11–16; 8:45 am] Assistant Secretary for Antidumping and Government Closure During Snowstorm Jonas,’’ BILLING CODE 3510–DS–P Countervailing Duty Operations, to Paul Piquado, dated January 27, 2016. VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1


Document Created: 2016-03-12 01:00:37
Document Modified: 2016-03-12 01:00:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactSteve Bezirganian or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1131 or (202) 482-1121, respectively.
FR Citation81 FR 13331 
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