82_FR_49180 82 FR 48977 - Polyethylene Terephthalate Resin From Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan: Initiation of Less-Than-Fair-Value Investigations

82 FR 48977 - Polyethylene Terephthalate Resin From Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 203 (October 23, 2017)

Page Range48977-48982
FR Document2017-22931

Federal Register, Volume 82 Issue 203 (Monday, October 23, 2017)
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Notices]
[Pages 48977-48982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22931]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-852, A-560-832, A-580-896, A-535-905, A-583-862]


Polyethylene Terephthalate Resin From Brazil, Indonesia, the 
Republic of Korea, Pakistan, and Taiwan: Initiation of Less-Than-Fair-
Value Investigations

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

DATES: Applicable October 16, 2017.

FOR FURTHER INFORMATION CONTACT: Gene Calvert at (202) 482-3586 
(Indonesia, Korea, and Pakistan) or Jun Jack Zhao at (202) 482-1396 
(Brazil and Taiwan), Office VII, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On September 26, 2017, the Department of Commerce (the Department) 
received antidumping duty (AD) petitions concerning imports of 
polyethylene terephthalate (PET) resin from Brazil, Indonesia, Korea, 
Pakistan, and Taiwan, filed in proper form on behalf of DAK Americas 
LLC, Indorama Ventures USA, Inc. (Indorama), M&G Polymers USA, LLC, and 
Nan Ya Plastics Corporation, America (collectively, the 
petitioners).\1\ The petitioners are domestic producers of PET 
resin.\2\
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    \1\ See Letter from the petitioners, ``Polyester (sic) 
Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic 
of Korea, Pakistan, and Taiwan--Petition for the Imposition of 
Antidumping Duties,'' September 26, 2017 (the Petitions). Indorama 
is not a petitioner with respect to the Indonesia petition. See 
Volume I of the Petitions, at 1.
    \2\ See Volume I of the Petitions, at 1.
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    On September 29, 2017, the Department requested supplemental 
information pertaining to certain areas of the Petitions.\3\ The 
petitioners filed responses to these requests on October 3, 2017.\4\
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    \3\ See Letter from the Department, ``Petition for the 
Imposition of Antidumping Duties on Imports of Certain Polyethylene 
Terephthalate Resin from Brazil: Supplemental Questions,'' September 
29, 2017; see also Letter from the Department, ``Petition for the 
Imposition of Antidumping Duties on Imports of Certain Polyethylene 
Terephthalate Resin from Indonesia: Supplemental Questions,'' 
September 29, 2017; Letter from the Department, ``Petition for the 
Imposition of Antidumping Duties on Imports of Certain Polyethylene 
Terephthalate Resin from the Republic of Korea: Supplemental 
Questions,'' September 29, 2017; Letter from the Department, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Polyethylene Terephthalate Resin from Pakistan: Supplemental 
Questions,'' September 29, 2017; Letter from the Department, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Polyethylene Terephthalate Resin from Taiwan: Supplemental 
Questions,'' September 29, 2017; and Letter from the Department, 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Certain Polyethylene Terephthalate Resin from Brazil, Indonesia, the 
Republic of Korea, Pakistan, and Taiwan,'' September 29, 2017.
    \4\ See Letter from the petitioners, ``Polyethylene 
Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic 
of Korea, Pakistan, and Taiwan--Petitioners' Amendment to Volume I 
Relating to General Issues,'' October 3, 2017 (General Issues 
Supplement); see also Letter from the petitioners, ``Polyethylene 
Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic 
of Korea, Pakistan, and Taiwan--Petitioners' Amendment to Volume II 
Relating to Brazil Antidumping Duties,'' October 3, 2017; Letter 
from the petitioners, ``Polyethylene Terephthalate (``PET'') Resin 
from Brazil, Indonesia, the Republic of Korea, Pakistan, and 
Taiwan--Petitioners' Amendment to Volume III Relating to Indonesia 
Antidumping Duties,'' October 3, 2017; Letter from the petitioners, 
``Polyethylene Terephthalate (``PET'') Resin from Brazil, Indonesia, 
the Republic of Korea, Pakistan, and Taiwan--Petitioners' Amendment 
to Volume IV Relating to the Republic of Korea Antidumping Duties,'' 
October 3, 2017; Letter from the petitioners, ``Polyethylene 
Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic 
of Korea, Pakistan, and Taiwan--Petitioners' Amendment to Volume V 
Relating to Pakistan Antidumping Duties,'' October 3, 2017; Letter 
from the petitioners, ``Polyethylene Terephthalate (``PET'') Resin 
from Brazil, Indonesia, the Republic of Korea, Pakistan, and 
Taiwan--Petitioners' Amendment to Volume VI Relating to Taiwan 
Antidumping Duties,'' October 3, 2017.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of PET resin 
from Brazil, Indonesia, Korea, Pakistan, and Taiwan are being, or are 
likely to be, sold in the United States at less than fair value, within 
the meaning of section 731 of the Act, and that such imports are 
materially injuring, or threatening material injury to, the domestic 
industry producing PET resin in the United States. Consistent with 
section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioners to support their 
allegations.
    The Department finds that the petitioners filed these Petitions on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in section 771(9)(C) of the Act. The Department also 
finds that the petitioners demonstrated sufficient industry support 
with respect to initiation of the AD investigations that the 
petitioners are requesting.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Period of Investigations

    Because the Petitions were filed on September 26, 2017, the period 
of investigation (POI) for all investigations is July 1, 2016, through 
June 30, 2017, pursuant to 19 CFR 351.204(b)(1).

Scope of the Investigations

    The product covered by these investigations is PET resin from 
Brazil, Indonesia, Korea, Pakistan, and Taiwan. For a full description 
of the scope of these investigations, see the ``Scope of the 
Investigations'' in the Appendix to this notice.

Comments on Scope of the Investigations

    As discussed in the preamble to the Department's regulations,\6\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties and, if necessary, will 
consult with interested parties regarding scope prior to the issuance 
of the preliminary determinations. All factual information included in 
scope comments should be limited to public information.\7\ To 
facilitate preparation of its questionnaires, the Department requests 
that interested parties submit all such comments by 5:00 p.m. Eastern 
Time (ET) on November 6, 2017, which is the first business day 20 
calendar days from the signature date of this notice.\8\ Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on November 16, 2017, which is 10 calendar days from the 
initial comment deadline.\9\
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ See 19 CFR 351.303(b).
    \9\ See 19 CFR 351.303(b).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact the Department 
and request permission to submit the additional information. All such 
comments must be filed on the record of each concurrent AD 
investigation.

Filing Requirements

    All submissions to the Department must be electronically filed 
using Enforcement and Compliance's Antidumping Duty and Countervailing

[[Page 48978]]

Duty Centralized Electronic Service System (ACCESS).\10\ An 
electronically filed document must be received successfully in its 
entirety by the time and date it is due. Documents exempted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
18022, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \10\ For details of the Department's electronic filing 
requirements, which went into effect on August 5, 2011, see 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011), and Enforcement and Compliance; Change of Electronic 
Filing System Name, 79 FR 69046 (November 20, 2014). Additional 
information on using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    The Department will provide interested parties an opportunity to 
comment on the appropriate physical characteristics of PET resin to be 
reported in response to the Department's questionnaires. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to accurately report 
the relevant costs of production, as well as develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, parties may provide comments 
regarding which characteristics are appropriate to use as (1) general 
product characteristics and (2) product-comparison criteria. We note 
that it is not always appropriate to use all product characteristics as 
product-comparison criteria. We base product-comparison criteria on 
meaningful commercial differences among products. In other words, 
although there may be some physical product characteristics utilized by 
manufacturers to describe PET resin, it may be that only a select few 
product characteristics take commercially meaningful physical 
characteristics into account. Interested parties may also comment on 
the order in which the physical characteristics should be used in 
matching products. Generally, the Department attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    For the Department to consider the suggestions of interested 
parties in developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on November 6, 
2017. Any rebuttal comments must be filed by 5:00 p.m. ET on November 
16, 2017. As explained above, all comments and submissions to the 
Department must be electronically filed, via ACCESS, on the records of 
the concurrent Brazil, Indonesia, Korea, Pakistan, and Taiwan 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\11\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in a 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations. Based on our analysis of the information 
submitted on the record, we have determined that PET resin, as defined 
in the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\13\
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    \13\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklist: 
Polyethylene Terephthalate (PET) Resin from Brazil (Brazil AD 
Initiation Checklist), at Attachment II, ``Analysis of Industry 
Support for the Antidumping Duty Petitions Covering Polyethylene 
Terephthalate Resin (PET Resin) from Brazil, Indonesia, the Republic 
of Korea, Pakistan, and Taiwan'' (Attachment II); see also 
Antidumping Duty Investigation Initiation Checklist: Polyethylene 
Terephthalate (PET) Resin from Indonesia'' (Indonesia AD Initiation 
Checklist), at Attachment II; see also Antidumping Duty 
Investigation Initiation Checklist: Polyethylene Terephthalate (PET) 
Resin from the Republic of Korea (Korea AD Initiation Checklist), at 
Attachment II; see also Antidumping Duty Investigation Initiation 
Checklist: Polyethylene Terephthalate (PET) Resin from Pakistan 
(Pakistan AD Initiation Checklist), at Attachment II; see also 
Antidumping Duty Investigation Initiation Checklist: Polyethylene 
Terephthalate (PET) Resin from Taiwan (Taiwan AD Initiation 
Checklist), at Attachment II. These checklists are dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. The petitioners provided their 2016 production of the 
domestic like product, and compared this to the estimated total 
production of

[[Page 48979]]

the domestic like product for the entire domestic industry.\14\ We 
relied on data the petitioners provided for purposes of measuring 
industry support.\15\
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    \14\ See Volume I of the Petitions, at Exhibit GEN-2; see also 
General Issues Supplement, at Exhibit GEN-S2.
    \15\ Id. For further discussion, see Brazil AD Initiation 
Checklist, Indonesia AD Initiation Checklist, Korea AD Initiation 
Checklist, Pakistan AD Initiation Checklist, and Taiwan AD 
Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to the Department 
indicates that the petitioner has established industry support for the 
Petitions.\16\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, the Department is 
not required to take further action in order to evaluate industry 
support (e.g., polling).\17\ Second, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\18\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\19\ Accordingly, the Department 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.
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    \16\ See Brazil AD Initiation Checklist, Indonesia AD Initiation 
Checklist, Korea AD Initiation Checklist, Pakistan AD Initiation 
Checklist, and Taiwan AD Initiation Checklist, at Attachment II.
    \17\ See section 732(c)(4)(D) of the Act; see also Brazil AD 
Initiation Checklist, Indonesia AD Initiation Checklist, Korea AD 
Initiation Checklist, Pakistan AD Initiation Checklist, and Taiwan 
AD Initiation Checklist, at Attachment II.
    \18\ See Brazil AD Initiation Checklist, Indonesia AD Initiation 
Checklist, Korea AD Initiation Checklist, Pakistan AD Initiation 
Checklist, and Taiwan AD Initiation Checklist, at Attachment II.
    \19\ Id.
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    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because they are interested parties as 
defined in section 771(9)(C) of the Act, and that the petitioners have 
demonstrated sufficient industry support with respect to the AD 
investigations that they are requesting the Department to initiate.\20\
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    \20\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\21\
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    \21\ See Volume I of the Petitions, at 16-17 and Exhibit GEN-8.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; declines in production, 
capacity utilization, and U.S. shipments; and declines in financial 
performance.\22\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\23\
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    \22\ Id., at 13-32 and Exhibits GEN-5 and GEN-7 through GEN-12.
    \23\ See Brazil AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Polyethylene 
Terephthalate (PET) Resin from Brazil, Indonesia, the Republic of 
Korea, Pakistan, and Taiwan (Attachment III); Indonesia AD 
Initiation Checklist, at Attachment III; Korea AD Initiation 
Checklist, at Attachment III; Pakistan AD Initiation Checklist, at 
Attachment III; and Taiwan AD Initiation Checklist, at Attachment 
III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate AD investigations of imports of PET resin from Brazil, 
Indonesia, Korea, Pakistan, and Taiwan. The sources of data for the 
deductions and adjustments relating to U.S. price and NV are discussed 
in greater detail in the country-specific initiation checklists.

Export Price

    For all countries addressed in the Petitions, the petitioners based 
the U.S. price on export price (EP), using (1) average unit values 
(AUVs) of publicly available import data and (2) price quotes for PET 
resin produced in, and exported from, the relevant countries and 
offered for sale or actually sold in the United States.\24\ Where 
applicable, the petitioners made adjustments to the U.S. price for 
movement and other expenses, consistent with the terms of sale.\25\
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    \24\ See Brazil AD Initiation Checklist; see also Indonesia AD 
Initiation Checklist; Korea AD Initiation Checklist; Pakistan AD 
Initiation Checklist; Taiwan AD Initiation Checklist.
    \25\ Id.
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Normal Value

    For all countries addressed in the Petitions, the petitioners 
provided home market price information obtained through market research 
for PET resin produced, and offered for sale, in each country.\26\ For 
all countries, the petitioners provided market researcher declarations 
to support the price information.\27\ Where applicable, the petitioners 
made deductions for movement expenses, consistent with the terms of 
sale.\28\
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    \26\ See Brazil AD Initiation Checklist; see also Indonesia AD 
Initiation Checklist; Korea AD Initiation Checklist; Pakistan AD 
Initiation Checklist; Taiwan AD Initiation Checklist.
    \27\ See Letter from the petitioners, ``Certain Polyethylene 
Terephthalate Resin from Brazil--Petitioners' Foreign Market 
Research Report,'' September 27, 2017; see also Letter from the 
petitioners, ``Certain Polyethylene Terephthalate Resin from 
Indonesia--Petitioners' Foreign Market Research Report,'' September 
27, 2017; Letter from the petitioners, ``Certain Polyethylene 
Terephthalate Resin from the Republic of Korea--Petitioners' Foreign 
Market Research Report,'' September 27, 2017; Letter from the 
petitioners, ``Certain Polyethylene Terephthalate Resin from 
Pakistan--Petitioners' Foreign Market Research Report,'' September 
27, 2017; Letter from the petitioners, ``Certain Polyethylene 
Terephthalate Resin from Taiwan--Petitioners' Foreign Market 
Research Report,'' September 27, 2017.
    \28\ See Brazil AD Initiation Checklist; see also Indonesia AD 
Initiation Checklist; Korea AD Initiation Checklist; Pakistan AD 
Initiation Checklist; Taiwan AD Initiation Checklist.
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    For all countries included in the Petitions, the petitioners 
provided information that sales of PET resin in each respective home 
market were made at prices below the cost of production (COP).\29\ With 
respect to Brazil and Indonesia, the petitioners calculated NV based on 
home market prices as well as on constructed value (CV).\30\ With 
respect to Korea, Pakistan, and Taiwan, the petitioners calculated NV 
based only on CV.\31\ For further discussion of COP and NV based on CV, 
see the ``Normal Value Based on CV'' section of this notice.\32\
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    \29\ Id.
    \30\ See Brazil AD Initiation Checklist; see also Indonesia AD 
Initiation Checklist.
    \31\ See Korea AD Initiation Checklist; see also Pakistan AD 
Initiation Checklist; and Taiwan AD Initiation Checklist.
    \32\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, in all 
investigations, the Department will request information necessary to 
calculate the CV and COP to determine whether there are reasonable 
grounds to believe or suspect that sales of the foreign like product 
have been made at prices that represent less than the COP of the 
product. The Department no longer requires a COP allegation to 
conduct this analysis.

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[[Page 48980]]

Normal Value Based on CV

    Pursuant to section 773(b)(3) of the Act, COP consists of the cost 
of manufacturing (COM), selling, general, and administrative (SG&A) 
expenses, financial expenses, and packing expenses. For Brazil, 
Indonesia, Korea, Pakistan, and Taiwan, the petitioners calculated the 
COM based on the input factors of production and usage rates from U.S. 
producers of PET resin.\33\ For Brazil, Indonesia, Korea and Taiwan, 
the input factors of production were valued using publicly available 
data on costs specific to Brazil, Indonesia, Korea and Taiwan.\34\ 
Specifically, the prices for raw material and packing inputs were based 
on Brazilian, Indonesian, Korean and Taiwanese publicly available 
import/export data.\35\ For Pakistan, because publicly-available 
information concerning the cost of certain raw materials, nitrogen, and 
packing inputs in Pakistan was not reasonably available to the 
petitioners, the petitioners based their raw material and packing input 
cost calculations on their own experiences.\36\ For all five countries, 
labor and energy costs were valued using publicly available sources 
from those countries.\37\ The petitioners calculated factory overhead, 
SG&A, and financial expenses based on the experience of Brazilian, 
Indonesian, Korean, Pakistani, and Taiwanese producers of comparable 
merchandise.\38\
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    \33\ See Brazil AD Initiation Checklist; see also Indonesia AD 
Initiation Checklist; Korea AD Initiation Checklist; Pakistan AD 
Initiation Checklist; Taiwan AD Initiation Checklist.
    \34\ Id.
    \35\ Id.
    \36\ Id.
    \37\ Id.
    \38\ Id.
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    For all five countries, because certain home market prices fell 
below the COP, pursuant to sections 773(a)(4), 773(b), and 773(e) of 
the Act, as noted above, the petitioners calculated NVs based on 
CV.\39\ Pursuant to section 773(e) of the Act, CV consists of the COM, 
SG&A expenses, financial expenses, packing expenses, and profit. The 
petitioners calculated CV using the same average COM, SG&A expenses, 
financial expenses, and packing expenses that were used to calculate 
the COP.\40\ The petitioners relied on the financial statements of the 
same producers that they used for calculating factory overhead, SG&A 
expenses, and financial expenses to calculate the profit rates.\41\
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    \39\ Id.
    \40\ Id.
    \41\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of PET resin from Brazil, Indonesia, Korea, 
Pakistan, and Taiwan are being, or are likely to be, sold in the United 
States at less than fair value. Based on comparisons of EP to NV, 
pursuant to sections 772 and 773 of the Act, the estimated dumping 
margins for PET resin from each of the countries included in the 
Petitions and covered by this initiation notice are: (1) 18.76 percent 
to 115.87 percent for Brazil,\42\ (2) 8.49 percent to 53.50 percent for 
Indonesia,\43\ (3) 55.74 percent and 101.41 percent for Korea,\44\ (4) 
25.03 percent and 43.40 percent for Pakistan,\45\ and (5) 14.67 percent 
and 45.00 percent for Taiwan.\46\
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    \42\ See Brazil AD Initiation Checklist.
    \43\ See Indonesia AD Initiation Checklist.
    \44\ See Korea AD Initiation Checklist.
    \45\ See Pakistan AD Initiation Checklist.
    \46\ See Taiwan AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the Petitions, we find that the 
Petitions meet the requirements of section 732 of the Act. Therefore, 
we are initiating AD investigations to determine whether or not imports 
of PET resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan are 
being, or are likely to be, sold in the United States at less than fair 
value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.
    Numerous amendments to the AD and countervailing duty (CVD) laws 
were made under the Trade Preferences Extension Act of 2015.\47\ The 
2015 law does not specify dates of application for those amendments. On 
August 6, 2015, the Department published an interpretative rule, in 
which it announced the applicability dates for each amendment to the 
Act, except for amendments contained in section 771(7) of the Act, 
which relate to determinations of material injury by the ITC.\48\ The 
amendments to sections 771(15), 773, 776, and 782 of the Act are 
applicable to all determinations made on or after August 6, 2015, and, 
therefore, apply to these AD investigations.\49\
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    \47\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \48\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \49\ Id. at 46794-46795. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioners named five companies in Brazil, seven companies in 
Indonesia, 16 companies in Korea, two companies in Pakistan, and eight 
companies in Taiwan as producers and/or exporters of PET resin.\50\ 
Following standard practice in AD investigations involving market 
economy countries, in the event the Department determines that the 
number of companies for any of the countries identified above is large, 
the Department intends to review U.S. Customs and Border Protection 
(CBP) data for U.S. imports of PET resin during the respective POIs 
under the appropriate Harmonized Tariff Schedule of the United States 
subheadings, and if the Department determines that it cannot 
individually examine each company based upon the Department's 
resources, then it will select respondents based on that CBP data. We 
intend to release CBP data under Administrative Protective Order (APO) 
to all parties with access to information protected by APO within five 
business days of the announcement of the initiation of these 
investigations. Interested parties must submit applications for 
disclosure under APO in accordance with 19 CFR 351.305(b). Instructions 
for filing such applications may be found on the Department's Web site 
at http://enforcement.trade.gov/apo.
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    \50\ See Volume I of the Petitions, at Exhibit GEN-4.
---------------------------------------------------------------------------

    Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
placement of the CBP data on the records of these investigations. 
Interested parties wishing to submit rebuttal comments should submit 
those comments five calendar days after the deadline for initial 
comments.
    With respect to Pakistan, although the Department normally relies 
on import data from CBP to determine whether to select a limited number 
of producers/exporters for individual examination in AD investigations, 
the petitioners identified only two companies as producers/exporters of 
PET resin from Pakistan: Novatex Limited and Pakistan Synthetics 
Limited. The petitioners relied on information from a subscription 
database of import shipments, additional research of publicly-available 
sources, and the petitioners' foreign market research report as support 
for their claim that

[[Page 48981]]

there are only two producers/exporters of PET resin in Pakstan.\51\ We 
currently know of no additional producers/exporters of PET resin from 
Pakistan. Accordingly, the Department intends to examine the producers/
exporters identified in the petition for the investigation. Parties 
wishing to comment on respondent selection must do so within five days 
of the publication of this notice in the Federal Register.
---------------------------------------------------------------------------

    \51\ See Volume I of the Petitions, at 13, and Exhibit GEN-4, 
See also letter from the petitioners, ``Re: Certain Polyethylene 
Terephthalate Resin from Pakistan--Petitioners' Foreign Market 
Research Report,'' dated September 27, 2017.
---------------------------------------------------------------------------

    Comments must be electronically filed via ACCESS. An electronically 
filed document must be successfully received, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the relevant date noted above. If 
respondent selection is necessary, we intend to make our decisions 
regarding respondent selection, based on comments received from 
interested parties and our analysis of the record information, within 
20 days of publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Brazil, Indonesia, Korea, Pakistan, and 
Taiwan via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the Petitions to each exporter 
named in the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of PET resin from Brazil, Indonesia, Korea, 
Pakistan, and/or Taiwan are materially injuring or threatening material 
injury to a U.S. industry. A negative ITC determination for any country 
will result in the investigation being terminated with respect to that 
country. Otherwise, these investigations will proceed according to 
statutory and regulatory time limits.

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires, (ii) evidence 
submitted in support of allegations, (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2), (iv) evidence 
placed on the record by the Department, and (v) evidence other than 
factual information described in (i)-(iv). Section 351.301(b) of the 
Department's regulations requires any party submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted and, if the information is submitted 
to rebut, clarify, or correct factual information already on the 
record, to provide an explanation identifying the information already 
on the record that the factual information seeks to rebut, clarify, or 
correct.\52\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \52\ See 19 CFR 351.301(b).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for such 
submissions and, in such a case, will inform parties in the letter or 
memorandum setting forth the deadline (i.e., include a time by which 
extension requests must be filed to be considered timely). An extension 
request must be made in a separate, stand-alone submission. We will 
grant untimely filed requests for the extension of time limits only 
under limited circumstances. Parties should review Extension of Time 
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at 
http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior 
to submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\53\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company and government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\54\ The Department will reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \53\ See section 782(b) of the Act.
    \54\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    As noted above, Interested parties must submit applications for 
disclosure under APO in accordance with 19 CFR 351.305. On January 22, 
2008, the Department published Antidumping and Countervailing Duty 
Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 
3634 (January 22, 2008). Parties wishing to participate in these 
investigations should ensure that they meet the requirements of these 
procedures (e.g., filing of letters of appearance, in accordance with 
19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 16, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The merchandise covered by these investigations is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
70, but not more than 88, milliliters per gram (0.70 to 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 subheadings 3907.61.0000 and 3907.69.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS

[[Page 48982]]

subheadings are provided for convenience and customs purposes, the 
written description of the merchandise covered by these 
investigations is dispositive.

[FR Doc. 2017-22931 Filed 10-20-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices                                                     48977

                                                 Dated: October 16, 2017.                   responses to these requests on October                              Period of Investigations
                                               Christopher A. McLean,                       3, 2017.4                                                              Because the Petitions were filed on
                                               Acting Administrator, Rural Utilities Service.  In accordance with section 732(b) of
                                                                                                                                                                September 26, 2017, the period of
                                               [FR Doc. 2017–22857 Filed 10–20–17; 8:45 am] the Tariff Act of 1930, as amended (the
                                                                                                                                                                investigation (POI) for all investigations
                                                                                            Act), the petitioners allege that imports
                                               BILLING CODE P                                                                                                   is July 1, 2016, through June 30, 2017,
                                                                                            of PET resin from Brazil, Indonesia,
                                                                                                                                                                pursuant to 19 CFR 351.204(b)(1).
                                                                                            Korea, Pakistan, and Taiwan are being,
                                                                                            or are likely to be, sold in the United                             Scope of the Investigations
                                               DEPARTMENT OF COMMERCE
                                                                                            States at less than fair value, within the                            The product covered by these
                                               International Trade Administration           meaning of section 731 of the Act, and                              investigations is PET resin from Brazil,
                                                                                            that such imports are materially                                    Indonesia, Korea, Pakistan, and Taiwan.
                                               [A–351–852, A–560–832, A–580–896, A–535– injuring, or threatening material injury
                                               905, A–583–862]                                                                                                  For a full description of the scope of
                                                                                            to, the domestic industry producing PET                             these investigations, see the ‘‘Scope of
                                                                                            resin in the United States. Consistent                              the Investigations’’ in the Appendix to
                                               Polyethylene Terephthalate Resin
                                                                                            with section 732(b)(1) of the Act, the                              this notice.
                                               From Brazil, Indonesia, the Republic of Petitions are accompanied by
                                               Korea, Pakistan, and Taiwan: Initiation information reasonably available to the                                  Comments on Scope of the
                                               of Less-Than-Fair-Value Investigations petitioners to support their allegations.                                 Investigations
                                               AGENCY: Enforcement and Compliance,             The Department finds that the                                       As discussed in the preamble to the
                                               International Trade Administration,          petitioners filed these Petitions on                                Department’s regulations,6 we are
                                               Department of Commerce.                      behalf of the domestic industry because
                                                                                                                                                                setting aside a period for interested
                                               DATES: Applicable October 16, 2017.
                                                                                            the petitioners are interested parties as
                                                                                                                                                                parties to raise issues regarding product
                                                                                            defined in section 771(9)(C) of the Act.
                                               FOR FURTHER INFORMATION CONTACT:                                                                                 coverage (i.e., scope). The Department
                                                                                            The Department also finds that the
                                               Gene Calvert at (202) 482–3586                                                                                   will consider all comments received
                                                                                            petitioners demonstrated sufficient
                                               (Indonesia, Korea, and Pakistan) or Jun                                                                          from interested parties and, if necessary,
                                                                                            industry support with respect to
                                               Jack Zhao at (202) 482–1396 (Brazil and initiation of the AD investigations that                                 will consult with interested parties
                                               Taiwan), Office VII, AD/CVD                                                                                      regarding scope prior to the issuance of
                                                                                            the petitioners are requesting.5
                                               Operations, Enforcement and                                                                                      the preliminary determinations. All
                                               Compliance, International Trade                                                                                  factual information included in scope
                                                                                            ‘‘Petition for the Imposition of Antidumping Duties
                                               Administration, Department of                on Imports of Certain Polyethylene Terephthalate                    comments should be limited to public
                                               Commerce, 1401 Constitution Avenue           Resin from the Republic of Korea: Supplemental                      information.7 To facilitate preparation
                                               NW., Washington, DC 20230.                   Questions,’’ September 29, 2017; Letter from the                    of its questionnaires, the Department
                                                                                            Department, ‘‘Petition for the Imposition of                        requests that interested parties submit
                                               SUPPLEMENTARY INFORMATION:                   Antidumping Duties on Imports of Certain
                                                                                                        Polyethylene Terephthalate Resin from Pakistan:         all such comments by 5:00 p.m. Eastern
                                               The Petitions                                            Supplemental Questions,’’ September 29, 2017;           Time (ET) on November 6, 2017, which
                                                  On September 26, 2017, the                            Letter from the Department, ‘‘Petition for the          is the first business day 20 calendar
                                                                                                        Imposition of Antidumping Duties on Imports of          days from the signature date of this
                                               Department of Commerce (the                              Certain Polyethylene Terephthalate Resin from
                                               Department) received antidumping duty                    Taiwan: Supplemental Questions,’’ September 29,         notice.8 Any rebuttal comments, which
                                               (AD) petitions concerning imports of                     2017; and Letter from the Department, ‘‘Petitions for   may include factual information, must
                                               polyethylene terephthalate (PET) resin                   the Imposition of Antidumping Duties on Imports         be filed by 5:00 p.m. ET on November
                                                                                                        of Certain Polyethylene Terephthalate Resin from        16, 2017, which is 10 calendar days
                                               from Brazil, Indonesia, Korea, Pakistan,                 Brazil, Indonesia, the Republic of Korea, Pakistan,
                                               and Taiwan, filed in proper form on                      and Taiwan,’’ September 29, 2017.                       from the initial comment deadline.9
                                               behalf of DAK Americas LLC, Indorama                        4 See Letter from the petitioners, ‘‘Polyethylene       The Department requests that any
                                               Ventures USA, Inc. (Indorama), M&G                       Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,   factual information the parties consider
                                                                                                        the Republic of Korea, Pakistan, and Taiwan—            relevant to the scope of the
                                               Polymers USA, LLC, and Nan Ya                            Petitioners’ Amendment to Volume I Relating to
                                               Plastics Corporation, America                            General Issues,’’ October 3, 2017 (General Issues
                                                                                                                                                                investigations be submitted during this
                                               (collectively, the petitioners).1 The                    Supplement); see also Letter from the petitioners,      time period. However, if a party
                                               petitioners are domestic producers of                    ‘‘Polyethylene Terephthalate (‘‘PET’’) Resin from       subsequently finds that additional
                                                                                                        Brazil, Indonesia, the Republic of Korea, Pakistan,     factual information pertaining to the
                                               PET resin.2                                              and Taiwan—Petitioners’ Amendment to Volume II
                                                  On September 29, 2017, the                            Relating to Brazil Antidumping Duties,’’ October 3,
                                                                                                                                                                scope of the investigations may be
                                               Department requested supplemental                        2017; Letter from the petitioners, ‘‘Polyethylene       relevant, the party may contact the
                                               information pertaining to certain areas                  Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,   Department and request permission to
                                                                                                        the Republic of Korea, Pakistan, and Taiwan—            submit the additional information. All
                                               of the Petitions.3 The petitioners filed                 Petitioners’ Amendment to Volume III Relating to
                                                                                                        Indonesia Antidumping Duties,’’ October 3, 2017;
                                                                                                                                                                such comments must be filed on the
                                                 1 See Letter from the petitioners, ‘‘Polyester (sic)
                                                                                                        Letter from the petitioners, ‘‘Polyethylene             record of each concurrent AD
                                               Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,    Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,   investigation.
                                               the Republic of Korea, Pakistan, and Taiwan—             the Republic of Korea, Pakistan, and Taiwan—
                                               Petition for the Imposition of Antidumping Duties,’’     Petitioners’ Amendment to Volume IV Relating to         Filing Requirements
                                               September 26, 2017 (the Petitions). Indorama is not      the Republic of Korea Antidumping Duties,’’
                                               a petitioner with respect to the Indonesia petition.     October 3, 2017; Letter from the petitioners,             All submissions to the Department
                                               See Volume I of the Petitions, at 1.                     ‘‘Polyethylene Terephthalate (‘‘PET’’) Resin from       must be electronically filed using
                                                 2 See Volume I of the Petitions, at 1.                 Brazil, Indonesia, the Republic of Korea, Pakistan,     Enforcement and Compliance’s
ethrower on DSK3G9T082PROD with NOTICES




                                                 3 See Letter from the Department, ‘‘Petition for the   and Taiwan—Petitioners’ Amendment to Volume V           Antidumping Duty and Countervailing
                                               Imposition of Antidumping Duties on Imports of           Relating to Pakistan Antidumping Duties,’’ October
                                               Certain Polyethylene Terephthalate Resin from            3, 2017; Letter from the petitioners, ‘‘Polyethylene
                                                                                                                                                                  6 See Antidumping Duties; Countervailing Duties,
                                               Brazil: Supplemental Questions,’’ September 29,          Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,
                                               2017; see also Letter from the Department, ‘‘Petition    the Republic of Korea, Pakistan, and Taiwan—            Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                                                                                  7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
                                               for the Imposition of Antidumping Duties on              Petitioners’ Amendment to Volume VI Relating to
                                               Imports of Certain Polyethylene Terephthalate            Taiwan Antidumping Duties,’’ October 3, 2017.           information’’).
                                                                                                                                                                  8 See 19 CFR 351.303(b).
                                               Resin from Indonesia: Supplemental Questions,’’             5 See the ‘‘Determination of Industry Support for

                                               September 29, 2017; Letter from the Department,          the Petitions’’ section below.                            9 See 19 CFR 351.303(b).




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                                               48978                         Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices

                                               Duty Centralized Electronic Service                      and the least important characteristics               time and information. Although this
                                               System (ACCESS).10 An electronically                     last.                                                 may result in different definitions of the
                                               filed document must be received                            For the Department to consider the                  like product, such differences do not
                                               successfully in its entirety by the time                 suggestions of interested parties in                  render the decision of either agency
                                               and date it is due. Documents exempted                   developing and issuing the AD                         contrary to law.12
                                               from the electronic submission                           questionnaires, all product                              Section 771(10) of the Act defines the
                                               requirements must be filed manually                      characteristics comments must be filed                domestic like product as ‘‘a product
                                               (i.e., in paper form) with Enforcement                   by 5:00 p.m. ET on November 6, 2017.                  which is like, or in the absence of like,
                                               and Compliance’s APO/Dockets Unit,                       Any rebuttal comments must be filed by                most similar in characteristics and uses
                                               Room 18022, Department of Commerce,                      5:00 p.m. ET on November 16, 2017. As                 with, the article subject to an
                                               1401 Constitution Avenue NW.,                            explained above, all comments and                     investigation under this title.’’ Thus, the
                                               Washington, DC 20230, and stamped                        submissions to the Department must be                 reference point from which the
                                               with the date and time of receipt by the                 electronically filed, via ACCESS, on the              domestic like product analysis begins is
                                               applicable deadlines.                                    records of the concurrent Brazil,                     ‘‘the article subject to an investigation’’
                                                                                                        Indonesia, Korea, Pakistan, and Taiwan                (i.e., the class or kind of merchandise to
                                               Comments on Product Characteristics                      investigations.                                       be investigated, which normally will be
                                                  The Department will provide                           Determination of Industry Support for                 the scope as defined in a petition).
                                               interested parties an opportunity to                     the Petitions                                            With regard to the domestic like
                                               comment on the appropriate physical                                                                            product, the petitioner does not offer a
                                                                                                           Section 732(b)(1) of the Act requires              definition of the domestic like product
                                               characteristics of PET resin to be                       that a petition be filed on behalf of the
                                               reported in response to the                                                                                    distinct from the scope of the
                                                                                                        domestic industry. Section 732(c)(4)(A)               investigations. Based on our analysis of
                                               Department’s questionnaires. This                        of the Act provides that a petition meets
                                               information will be used to identify the                                                                       the information submitted on the
                                                                                                        this requirement if the domestic                      record, we have determined that PET
                                               key physical characteristics of the                      producers or workers who support the
                                               merchandise under consideration in                                                                             resin, as defined in the scope,
                                                                                                        petition account for: (i) At least 25                 constitutes a single domestic like
                                               order to accurately report the relevant                  percent of the total production of the
                                               costs of production, as well as develop                                                                        product, and we have analyzed industry
                                                                                                        domestic like product; and (ii) more                  support in terms of that domestic like
                                               appropriate product-comparison                           than 50 percent of the production of the
                                               criteria.                                                                                                      product.13
                                                                                                        domestic like product produced by that                   In determining whether the
                                                  Interested parties may provide any                    portion of the industry expressing                    petitioners have standing under section
                                               information or comments that they feel                   support for, or opposition to, the                    732(c)(4)(A) of the Act, we considered
                                               are relevant to the development of an                    petition. Moreover, section 732(c)(4)(D)              the industry support data contained in
                                               accurate list of physical characteristics.               of the Act provides that, if the petition             the Petitions with reference to the
                                               Specifically, parties may provide                        does not establish support of domestic                domestic like product as defined in the
                                               comments regarding which                                 producers or workers accounting for                   ‘‘Scope of the Investigations,’’ in the
                                               characteristics are appropriate to use as                more than 50 percent of the total                     Appendix to this notice. The petitioners
                                               (1) general product characteristics and                  production of the domestic like product,              provided their 2016 production of the
                                               (2) product-comparison criteria. We                      the Department shall: (i) Poll the                    domestic like product, and compared
                                               note that it is not always appropriate to                industry or rely on other information in              this to the estimated total production of
                                               use all product characteristics as                       order to determine if there is support for
                                               product-comparison criteria. We base                     the petition, as required by                             12 See USEC, Inc. v. United States, 132 F. Supp.

                                               product-comparison criteria on                           subparagraph (A); or (ii) determine                   2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                               meaningful commercial differences                        industry support using a statistically                v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                                                                        valid sampling method to poll the                     aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                               among products. In other words,                                                                                   13 For a discussion of the domestic like product
                                               although there may be some physical                      ‘‘industry.’’
                                                                                                                                                              analysis as applied to these cases and information
                                               product characteristics utilized by                         Section 771(4)(A) of the Act defines               regarding industry support, see Antidumping Duty
                                               manufacturers to describe PET resin, it                  the ‘‘industry’’ as the producers as a                Investigation Initiation Checklist: Polyethylene
                                               may be that only a select few product                    whole of a domestic like product. Thus,               Terephthalate (PET) Resin from Brazil (Brazil AD
                                                                                                        to determine whether a petition has the               Initiation Checklist), at Attachment II, ‘‘Analysis of
                                               characteristics take commercially                                                                              Industry Support for the Antidumping Duty
                                               meaningful physical characteristics into                 requisite industry support, the statute               Petitions Covering Polyethylene Terephthalate
                                               account. Interested parties may also                     directs the Department to look to                     Resin (PET Resin) from Brazil, Indonesia, the
                                               comment on the order in which the                        producers and workers who produce the                 Republic of Korea, Pakistan, and Taiwan’’
                                                                                                        domestic like product. The International              (Attachment II); see also Antidumping Duty
                                               physical characteristics should be used                                                                        Investigation Initiation Checklist: Polyethylene
                                               in matching products. Generally, the                     Trade Commission (ITC), which is                      Terephthalate (PET) Resin from Indonesia’’
                                               Department attempts to list the most                     responsible for determining whether                   (Indonesia AD Initiation Checklist), at Attachment
                                               important physical characteristics first                 ‘‘the domestic industry’’ has been                    II; see also Antidumping Duty Investigation
                                                                                                        injured, must also determine what                     Initiation Checklist: Polyethylene Terephthalate
                                                                                                                                                              (PET) Resin from the Republic of Korea (Korea AD
                                                 10 For details of the Department’s electronic filing   constitutes a domestic like product in                Initiation Checklist), at Attachment II; see also
                                               requirements, which went into effect on August 5,        order to define the industry. While both              Antidumping Duty Investigation Initiation
                                               2011, see Antidumping and Countervailing Duty            the Department and the ITC must apply                 Checklist: Polyethylene Terephthalate (PET) Resin
                                               Proceedings: Electronic Filing Procedures;               the same statutory definition regarding               from Pakistan (Pakistan AD Initiation Checklist), at
ethrower on DSK3G9T082PROD with NOTICES




                                               Administrative Protective Order Procedures, 76 FR                                                              Attachment II; see also Antidumping Duty
                                               39263 (July 6, 2011), and Enforcement and                the domestic like product,11 they do so               Investigation Initiation Checklist: Polyethylene
                                               Compliance; Change of Electronic Filing System           for different purposes and pursuant to a              Terephthalate (PET) Resin from Taiwan (Taiwan
                                               Name, 79 FR 69046 (November 20, 2014).                   separate and distinct authority. In                   AD Initiation Checklist), at Attachment II. These
                                               Additional information on using ACCESS can be            addition, the Department’s                            checklists are dated concurrently with this notice
                                               found at https://access.trade.gov/help.aspx, and a                                                             and on file electronically via ACCESS. Access to
                                               handbook can be found at https://access.trade.gov/       determination is subject to limitations of            documents filed via ACCESS is also available in the
                                               help/Handbook%20on%20Electronic%20Filling                                                                      Central Records Unit, Room B8024 of the main
                                               %20Procedures.pdf.                                        11 See   section 771(10) of the Act.                 Department of Commerce building.



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                                                                            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices                                                     48979

                                               the domestic like product for the entire                Allegations and Evidence of Material                   the petitioners made adjustments to the
                                               domestic industry.14 We relied on data                  Injury and Causation                                   U.S. price for movement and other
                                               the petitioners provided for purposes of                   The petitioners allege that the U.S.                expenses, consistent with the terms of
                                               measuring industry support.15                           industry producing the domestic like                   sale.25
                                                 Our review of the data provided in the                product is being materially injured, or is
                                               Petitions, General Issues Supplement,                                                                          Normal Value
                                                                                                       threatened with material injury, by
                                               and other information readily available                                                                           For all countries addressed in the
                                                                                                       reason of the imports of the subject
                                               to the Department indicates that the                    merchandise sold at less than normal                   Petitions, the petitioners provided home
                                               petitioner has established industry                     value (NV). In addition, the petitioners               market price information obtained
                                               support for the Petitions.16 First, the                 allege that subject imports exceed the                 through market research for PET resin
                                               Petitions established support from                      negligibility threshold provided for                   produced, and offered for sale, in each
                                               domestic producers (or workers)                         under section 771(24)(A) of the Act.21                 country.26 For all countries, the
                                               accounting for more than 50 percent of                     The petitioners contend that the                    petitioners provided market researcher
                                               the total production of the domestic like               industry’s injured condition is                        declarations to support the price
                                               product and, as such, the Department is                 illustrated by reduced market share;                   information.27 Where applicable, the
                                               not required to take further action in                  underselling and price suppression or                  petitioners made deductions for
                                               order to evaluate industry support (e.g.,               depression; lost sales and revenues;                   movement expenses, consistent with the
                                               polling).17 Second, the domestic                        declines in production, capacity                       terms of sale.28
                                               producers (or workers) have met the                     utilization, and U.S. shipments; and                      For all countries included in the
                                               statutory criteria for industry support                 declines in financial performance.22 We                Petitions, the petitioners provided
                                               under section 732(c)(4)(A)(i) of the Act                have assessed the allegations and                      information that sales of PET resin in
                                               because the domestic producers (or                      supporting evidence regarding material                 each respective home market were made
                                               workers) who support the Petitions                      injury, threat of material injury, and                 at prices below the cost of production
                                               account for at least 25 percent of the                  causation, and we have determined that                 (COP).29 With respect to Brazil and
                                               total production of the domestic like                   these allegations are properly supported               Indonesia, the petitioners calculated NV
                                               product.18 Finally, the domestic                        by adequate evidence, and meet the                     based on home market prices as well as
                                               producers (or workers) have met the                     statutory requirements for initiation.23               on constructed value (CV).30 With
                                               statutory criteria for industry support                                                                        respect to Korea, Pakistan, and Taiwan,
                                               under section 732(c)(4)(A)(ii) of the Act               Allegations of Sales at Less Than Fair                 the petitioners calculated NV based only
                                               because the domestic producers (or                      Value                                                  on CV.31 For further discussion of COP
                                               workers) who support the Petitions                         The following is a description of the               and NV based on CV, see the ‘‘Normal
                                               account for more than 50 percent of the                 allegations of sales at less than fair value           Value Based on CV’’ section of this
                                               production of the domestic like product                 upon which the Department based its                    notice.32
                                               produced by that portion of the industry                decision to initiate AD investigations of
                                               expressing support for, or opposition to,               imports of PET resin from Brazil,                        25 Id.

                                               the Petitions.19 Accordingly, the                       Indonesia, Korea, Pakistan, and Taiwan.                   26 See Brazil AD Initiation Checklist; see also

                                               Department determines that the                                                                                 Indonesia AD Initiation Checklist; Korea AD
                                                                                                       The sources of data for the deductions                 Initiation Checklist; Pakistan AD Initiation
                                               Petitions were filed on behalf of the                   and adjustments relating to U.S. price                 Checklist; Taiwan AD Initiation Checklist.
                                               domestic industry within the meaning                    and NV are discussed in greater detail                    27 See Letter from the petitioners, ‘‘Certain
                                               of section 732(b)(1) of the Act.                        in the country-specific initiation                     Polyethylene Terephthalate Resin from Brazil—
                                                 The Department finds that the                         checklists.                                            Petitioners’ Foreign Market Research Report,’’
                                               petitioners filed the Petitions on behalf                                                                      September 27, 2017; see also Letter from the
                                               of the domestic industry because they                   Export Price                                           petitioners, ‘‘Certain Polyethylene Terephthalate
                                                                                                                                                              Resin from Indonesia—Petitioners’ Foreign Market
                                               are interested parties as defined in                      For all countries addressed in the                   Research Report,’’ September 27, 2017; Letter from
                                               section 771(9)(C) of the Act, and that the              Petitions, the petitioners based the U.S.              the petitioners, ‘‘Certain Polyethylene
                                               petitioners have demonstrated sufficient                price on export price (EP), using (1)                  Terephthalate Resin from the Republic of Korea—
                                               industry support with respect to the AD                                                                        Petitioners’ Foreign Market Research Report,’’
                                                                                                       average unit values (AUVs) of publicly                 September 27, 2017; Letter from the petitioners,
                                               investigations that they are requesting                 available import data and (2) price                    ‘‘Certain Polyethylene Terephthalate Resin from
                                               the Department to initiate.20                           quotes for PET resin produced in, and                  Pakistan—Petitioners’ Foreign Market Research
                                                                                                       exported from, the relevant countries                  Report,’’ September 27, 2017; Letter from the
                                                  14 See Volume I of the Petitions, at Exhibit GEN–                                                           petitioners, ‘‘Certain Polyethylene Terephthalate
                                                                                                       and offered for sale or actually sold in               Resin from Taiwan—Petitioners’ Foreign Market
                                               2; see also General Issues Supplement, at Exhibit
                                               GEN–S2.                                                 the United States.24 Where applicable,                 Research Report,’’ September 27, 2017.
                                                  15 Id. For further discussion, see Brazil AD                                                                   28 See Brazil AD Initiation Checklist; see also

                                               Initiation Checklist, Indonesia AD Initiation              21 See Volume I of the Petitions, at 16–17 and      Indonesia AD Initiation Checklist; Korea AD
                                               Checklist, Korea AD Initiation Checklist, Pakistan      Exhibit GEN–8.                                         Initiation Checklist; Pakistan AD Initiation
                                               AD Initiation Checklist, and Taiwan AD Initiation          22 Id., at 13–32 and Exhibits GEN–5 and GEN–7       Checklist; Taiwan AD Initiation Checklist.
                                               Checklist, at Attachment II.                            through GEN–12.                                           29 Id.
                                                  16 See Brazil AD Initiation Checklist, Indonesia        23 See Brazil AD Initiation Checklist, at              30 See Brazil AD Initiation Checklist; see also

                                               AD Initiation Checklist, Korea AD Initiation            Attachment III, Analysis of Allegations and            Indonesia AD Initiation Checklist.
                                               Checklist, Pakistan AD Initiation Checklist, and        Evidence of Material Injury and Causation for the         31 See Korea AD Initiation Checklist; see also
                                               Taiwan AD Initiation Checklist, at Attachment II.       Antidumping Duty Petitions Covering Polyethylene       Pakistan AD Initiation Checklist; and Taiwan AD
                                                  17 See section 732(c)(4)(D) of the Act; see also
                                                                                                       Terephthalate (PET) Resin from Brazil, Indonesia,      Initiation Checklist.
                                               Brazil AD Initiation Checklist, Indonesia AD            the Republic of Korea, Pakistan, and Taiwan               32 In accordance with section 505(a) of the Trade
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                                               Initiation Checklist, Korea AD Initiation Checklist,    (Attachment III); Indonesia AD Initiation Checklist,   Preferences Extension Act of 2015, amending
                                               Pakistan AD Initiation Checklist, and Taiwan AD         at Attachment III; Korea AD Initiation Checklist, at   section 773(b)(2) of the Act, in all investigations,
                                               Initiation Checklist, at Attachment II.                 Attachment III; Pakistan AD Initiation Checklist, at   the Department will request information necessary
                                                  18 See Brazil AD Initiation Checklist, Indonesia
                                                                                                       Attachment III; and Taiwan AD Initiation Checklist,    to calculate the CV and COP to determine whether
                                               AD Initiation Checklist, Korea AD Initiation            at Attachment III.                                     there are reasonable grounds to believe or suspect
                                               Checklist, Pakistan AD Initiation Checklist, and           24 See Brazil AD Initiation Checklist; see also     that sales of the foreign like product have been
                                               Taiwan AD Initiation Checklist, at Attachment II.       Indonesia AD Initiation Checklist; Korea AD            made at prices that represent less than the COP of
                                                  19 Id.
                                                                                                       Initiation Checklist; Pakistan AD Initiation           the product. The Department no longer requires a
                                                  20 Id.                                               Checklist; Taiwan AD Initiation Checklist.             COP allegation to conduct this analysis.



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                                               48980                         Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices

                                               Normal Value Based on CV                                 Fair Value Comparisons                                therefore, apply to these AD
                                                                                                                                                              investigations.49
                                                  Pursuant to section 773(b)(3) of the                    Based on the data provided by the
                                               Act, COP consists of the cost of                         petitioners, there is reason to believe               Respondent Selection
                                               manufacturing (COM), selling, general,                   that imports of PET resin from Brazil,                   The petitioners named five companies
                                               and administrative (SG&A) expenses,                      Indonesia, Korea, Pakistan, and Taiwan                in Brazil, seven companies in Indonesia,
                                               financial expenses, and packing                          are being, or are likely to be, sold in the           16 companies in Korea, two companies
                                               expenses. For Brazil, Indonesia, Korea,                  United States at less than fair value.                in Pakistan, and eight companies in
                                               Pakistan, and Taiwan, the petitioners                    Based on comparisons of EP to NV,                     Taiwan as producers and/or exporters of
                                               calculated the COM based on the input                    pursuant to sections 772 and 773 of the               PET resin.50 Following standard
                                               factors of production and usage rates                    Act, the estimated dumping margins for                practice in AD investigations involving
                                               from U.S. producers of PET resin.33 For                  PET resin from each of the countries                  market economy countries, in the event
                                               Brazil, Indonesia, Korea and Taiwan,                     included in the Petitions and covered by              the Department determines that the
                                               the input factors of production were                     this initiation notice are: (1) 18.76                 number of companies for any of the
                                               valued using publicly available data on                  percent to 115.87 percent for Brazil,42               countries identified above is large, the
                                               costs specific to Brazil, Indonesia, Korea               (2) 8.49 percent to 53.50 percent for                 Department intends to review U.S.
                                               and Taiwan.34 Specifically, the prices                                                                         Customs and Border Protection (CBP)
                                                                                                        Indonesia,43 (3) 55.74 percent and
                                               for raw material and packing inputs                                                                            data for U.S. imports of PET resin
                                                                                                        101.41 percent for Korea,44 (4) 25.03
                                               were based on Brazilian, Indonesian,                                                                           during the respective POIs under the
                                                                                                        percent and 43.40 percent for                         appropriate Harmonized Tariff Schedule
                                               Korean and Taiwanese publicly                            Pakistan,45 and (5) 14.67 percent and
                                               available import/export data.35 For                                                                            of the United States subheadings, and if
                                                                                                        45.00 percent for Taiwan.46                           the Department determines that it
                                               Pakistan, because publicly-available
                                               information concerning the cost of                       Initiation of Less-Than-Fair-Value                    cannot individually examine each
                                               certain raw materials, nitrogen, and                     Investigations                                        company based upon the Department’s
                                               packing inputs in Pakistan was not                                                                             resources, then it will select
                                               reasonably available to the petitioners,                   Based upon the examination of the                   respondents based on that CBP data. We
                                               the petitioners based their raw material                 Petitions, we find that the Petitions                 intend to release CBP data under
                                               and packing input cost calculations on                   meet the requirements of section 732 of               Administrative Protective Order (APO)
                                               their own experiences.36 For all five                    the Act. Therefore, we are initiating AD              to all parties with access to information
                                               countries, labor and energy costs were                   investigations to determine whether or                protected by APO within five business
                                                                                                        not imports of PET resin from Brazil,                 days of the announcement of the
                                               valued using publicly available sources
                                                                                                        Indonesia, Korea, Pakistan, and Taiwan                initiation of these investigations.
                                               from those countries.37 The petitioners
                                                                                                        are being, or are likely to be, sold in the           Interested parties must submit
                                               calculated factory overhead, SG&A, and
                                                                                                        United States at less than fair value. In             applications for disclosure under APO
                                               financial expenses based on the
                                                                                                        accordance with section 733(b)(1)(A) of               in accordance with 19 CFR 351.305(b).
                                               experience of Brazilian, Indonesian,                                                                           Instructions for filing such applications
                                               Korean, Pakistani, and Taiwanese                         the Act and 19 CFR 351.205(b)(1),
                                                                                                        unless postponed, we will make our                    may be found on the Department’s Web
                                               producers of comparable                                                                                        site at http://enforcement.trade.gov/apo.
                                               merchandise.38                                           preliminary determinations no later
                                                                                                                                                                 Interested parties may submit
                                                                                                        than 140 days after the date of this
                                                  For all five countries, because certain                                                                     comments regarding the CBP data and
                                                                                                        initiation.
                                               home market prices fell below the COP,                                                                         respondent selection by 5:00 p.m. ET on
                                               pursuant to sections 773(a)(4), 773(b),                    Numerous amendments to the AD and                   the seventh calendar day after
                                               and 773(e) of the Act, as noted above,                   countervailing duty (CVD) laws were                   placement of the CBP data on the
                                               the petitioners calculated NVs based on                  made under the Trade Preferences                      records of these investigations.
                                               CV.39 Pursuant to section 773(e) of the                  Extension Act of 2015.47 The 2015 law                 Interested parties wishing to submit
                                               Act, CV consists of the COM, SG&A                        does not specify dates of application for             rebuttal comments should submit those
                                               expenses, financial expenses, packing                    those amendments. On August 6, 2015,                  comments five calendar days after the
                                               expenses, and profit. The petitioners                    the Department published an                           deadline for initial comments.
                                               calculated CV using the same average                     interpretative rule, in which it                         With respect to Pakistan, although the
                                               COM, SG&A expenses, financial                            announced the applicability dates for                 Department normally relies on import
                                               expenses, and packing expenses that                      each amendment to the Act, except for                 data from CBP to determine whether to
                                               were used to calculate the COP.40 The                    amendments contained in section 771(7)                select a limited number of producers/
                                               petitioners relied on the financial                      of the Act, which relate to                           exporters for individual examination in
                                               statements of the same producers that                    determinations of material injury by the              AD investigations, the petitioners
                                               they used for calculating factory                        ITC.48 The amendments to sections                     identified only two companies as
                                               overhead, SG&A expenses, and financial                   771(15), 773, 776, and 782 of the Act are             producers/exporters of PET resin from
                                               expenses to calculate the profit rates.41                applicable to all determinations made                 Pakistan: Novatex Limited and Pakistan
                                                                                                        on or after August 6, 2015, and,                      Synthetics Limited. The petitioners
                                                 33 See Brazil AD Initiation Checklist; see also
                                                                                                                                                              relied on information from a
                                               Indonesia AD Initiation Checklist; Korea AD                42 See
                                                                                                                                                              subscription database of import
                                                                                                                 Brazil AD Initiation Checklist.
                                               Initiation Checklist; Pakistan AD Initiation               43 See Indonesia AD Initiation Checklist.
                                                                                                                                                              shipments, additional research of
                                               Checklist; Taiwan AD Initiation Checklist.                 44 See Korea AD Initiation Checklist.               publicly-available sources, and the
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                                                 34 Id.
                                                                                                          45 See Pakistan AD Initiation Checklist.            petitioners’ foreign market research
                                                 35 Id.
                                                 36 Id.
                                                                                                          46 See Taiwan AD Initiation Checklist.              report as support for their claim that
                                                                                                          47 See Trade Preferences Extension Act of 2015,
                                                 37 Id.
                                                                                                        Public Law 114–27, 129 Stat. 362 (2015).                49 Id. at 46794–46795. The 2015 amendments may
                                                 38 Id.
                                                                                                          48 See Dates of Application of Amendments to the    be found at https://www.congress.gov/bill/114th-
                                                 39 Id.
                                                                                                        Antidumping and Countervailing Duty Laws Made         congress/house-bill/1295/text/pl.
                                                 40 Id.
                                                                                                        by the Trade Preferences Extension Act of 2015, 80      50 See Volume I of the Petitions, at Exhibit
                                                 41 Id.                                                 FR 46793 (August 6, 2015).                            GEN–4.



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                                                                            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices                                                     48981

                                               there are only two producers/exporters                   allegations, (iii) publicly available                   proceeding must certify to the accuracy
                                               of PET resin in Pakstan.51 We currently                  information to value factors under 19                   and completeness of that information.53
                                               know of no additional producers/                         CFR 351.408(c) or to measure the                        Parties are hereby reminded that revised
                                               exporters of PET resin from Pakistan.                    adequacy of remuneration under 19 CFR                   certification requirements are in effect
                                               Accordingly, the Department intends to                   351.511(a)(2), (iv) evidence placed on                  for company and government officials,
                                               examine the producers/exporters                          the record by the Department, and (v)                   as well as their representatives.
                                               identified in the petition for the                       evidence other than factual information                 Investigations initiated on the basis of
                                               investigation. Parties wishing to                        described in (i)–(iv). Section 351.301(b)               petitions filed on or after August 16,
                                               comment on respondent selection must                     of the Department’s regulations requires                2013, and other segments of any AD or
                                               do so within five days of the publication                any party submitting factual                            CVD proceedings initiated on or after
                                               of this notice in the Federal Register.                  information, to specify under which                     August 16, 2013, should use the formats
                                                  Comments must be electronically                       subsection of 19 CFR 351.102(b)(21) the                 for the revised certifications provided at
                                               filed via ACCESS. An electronically                      information is being submitted and, if                  the end of the Final Rule.54 The
                                               filed document must be successfully                      the information is submitted to rebut,                  Department will reject factual
                                               received, in its entirety, by ACCESS no                  clarify, or correct factual information                 submissions if the submitting party does
                                               later than 5:00 p.m. ET on the relevant                  already on the record, to provide an                    not comply with applicable revised
                                               date noted above. If respondent                          explanation identifying the information                 certification requirements.
                                               selection is necessary, we intend to                     already on the record that the factual
                                               make our decisions regarding                             information seeks to rebut, clarify, or                 Notification to Interested Parties
                                               respondent selection, based on                           correct.52 Time limits for the                            As noted above, Interested parties
                                               comments received from interested                        submission of factual information are                   must submit applications for disclosure
                                               parties and our analysis of the record                   addressed in 19 CFR 351.301, which                      under APO in accordance with 19 CFR
                                               information, within 20 days of                           provides specific time limits based on                  351.305. On January 22, 2008, the
                                               publication of this notice.                              the type of factual information being                   Department published Antidumping
                                                                                                        submitted. Interested parties should                    and Countervailing Duty Proceedings:
                                               Distribution of Copies of the Petitions                  review the regulations prior to                         Documents Submission Procedures;
                                                 In accordance with section                             submitting factual information in these                 APO Procedures, 73 FR 3634 (January
                                               732(b)(3)(A)(i) of the Act and 19 CFR                    investigations.                                         22, 2008). Parties wishing to participate
                                               351.202(f), copies of the public version                                                                         in these investigations should ensure
                                               of the Petitions have been provided to                   Extensions of Time Limits
                                                                                                                                                                that they meet the requirements of these
                                               the governments of Brazil, Indonesia,                       Parties may request an extension of                  procedures (e.g., filing of letters of
                                               Korea, Pakistan, and Taiwan via                          time limits before the expiration of a                  appearance, in accordance with 19 CFR
                                               ACCESS. To the extent practicable, we                    time limit established under 19 CFR                     351.103(d)).
                                               will attempt to provide a copy of the                    351.301 or as otherwise specified by the                  This notice is issued and published
                                               public version of the Petitions to each                  Secretary. In general, an extension                     pursuant to sections 732(c)(2) and 777(i)
                                               exporter named in the Petitions, as                      request will be considered untimely if it               of the Act, and 19 CFR 351.203(c).
                                               provided under 19 CFR 351.203(c)(2).                     is filed after the expiration of the time
                                                                                                                                                                  Dated: October 16, 2017.
                                                                                                        limit established under 19 CFR 351.301.
                                               ITC Notification                                         For submissions that are due from                       Gary Taverman,
                                                 We will notify the ITC of our                          multiple parties simultaneously, an                     Deputy Assistant Secretary for Antidumping
                                                                                                                                                                and Countervailing Duty Operations
                                               initiation, as required by section 732(d)                extension request will be considered
                                                                                                                                                                performing the non-exclusive functions and
                                               of the Act.                                              untimely if it is filed after 10:00 a.m. ET             duties of the Assistant Secretary for
                                                                                                        on the due date. Under certain                          Enforcement and Compliance.
                                               Preliminary Determinations by the ITC
                                                                                                        circumstances, we may elect to specify
                                                  The ITC will preliminarily determine,                 a different time limit by which                         Appendix—Scope of the Investigations
                                               within 45 days after the date on which                   extension requests will be considered                     The merchandise covered by these
                                               the Petitions were filed, whether there                  untimely for such submissions and, in                   investigations is polyethylene terephthalate
                                               is a reasonable indication that imports                  such a case, will inform parties in the                 (PET) resin having an intrinsic viscosity of at
                                               of PET resin from Brazil, Indonesia,                     letter or memorandum setting forth the                  least 70, but not more than 88, milliliters per
                                               Korea, Pakistan, and/or Taiwan are                       deadline (i.e., include a time by which                 gram (0.70 to 0.88 deciliters per gram). The
                                               materially injuring or threatening                                                                               scope includes blends of virgin PET resin
                                                                                                        extension requests must be filed to be                  and recycled PET resin containing 50 percent
                                               material injury to a U.S. industry. A                    considered timely). An extension                        or more virgin PET resin content by weight,
                                               negative ITC determination for any                       request must be made in a separate,                     provided such blends meet the intrinsic
                                               country will result in the investigation                 stand-alone submission. We will grant                   viscosity requirements above. The scope
                                               being terminated with respect to that                    untimely filed requests for the extension               includes all PET resin meeting the above
                                               country. Otherwise, these investigations                 of time limits only under limited                       specifications regardless of additives
                                               will proceed according to statutory and                  circumstances. Parties should review                    introduced in the manufacturing process.
                                               regulatory time limits.                                                                                            The merchandise subject to these
                                                                                                        Extension of Time Limits; Final Rule, 78
                                                                                                                                                                investigations is properly classified under
                                               Submission of Factual Information                        FR 57790 (September 20, 2013),                          subheadings 3907.61.0000 and 3907.69.0000
                                                                                                        available at http://www.gpo.gov/fdsys/                  of the Harmonized Tariff Schedule of the
                                                  Factual information is defined in 19                  pkg/FR-2013-09-20/html/2013-                            United States (HTSUS). Although the HTSUS
                                               CFR 351.102(b)(21) as: (i) Evidence                      22853.htm, prior to submitting factual
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                                               submitted in response to questionnaires,                 information in these investigations.                      53 See section 782(b) of the Act.
                                               (ii) evidence submitted in support of                                                                              54 See Certification of Factual Information to
                                                                                                        Certification Requirements                              Import Administration during Antidumping and
                                                 51 See Volume I of the Petitions, at 13, and Exhibit                                                           Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                          Any party submitting factual
                                               GEN–4, See also letter from the petitioners, ‘‘Re:                                                               17, 2013) (Final Rule); see also frequently asked
                                               Certain Polyethylene Terephthalate Resin from            information in an AD or CVD                             questions regarding the Final Rule, available at
                                               Pakistan—Petitioners’ Foreign Market Research                                                                    http://enforcement.trade.gov/tlei/notices/factual_
                                               Report,’’ dated September 27, 2017.                       52 See   19 CFR 351.301(b).                            info_final_rule_FAQ_07172013.pdf.



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                                               48982                        Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices

                                               subheadings are provided for convenience                towers from the PRC.3 On May 31, 2017,                Notification Regarding Administrative
                                               and customs purposes, the written                       the petitioner timely withdrew its                    Protective Orders
                                               description of the merchandise covered by               request for an administrative review of
                                               these investigations is dispositive.                                                                            This notice also serves as a reminder
                                                                                                       all 56 companies for which it had                     to parties subject to administrative
                                               [FR Doc. 2017–22931 Filed 10–20–17; 8:45 am]
                                                                                                       requested a review.4                                  protective orders (APO) of their
                                               BILLING CODE 3510–DS–P
                                                                                                       Rescission of Review                                  responsibility concerning the return or
                                                                                                                                                             destruction of proprietary information
                                               DEPARTMENT OF COMMERCE                                     Pursuant to 19 CFR 351.213(d)(1), the              disclosed under APO in accordance
                                                                                                       Department will rescind an                            with 19 CFR 351.305, which continues
                                               International Trade Administration                      administrative review, in whole or in                 to govern business proprietary
                                                                                                       part, if the party that requested a review            information in this segment of the
                                               [A–570–981]                                             withdraws the request within 90 days of               proceeding. Timely written notification
                                                                                                       the publication date of the notice of                 of the return/destruction of APO
                                               Utility Scale Wind Towers From the                      initiation of the requested review. As                materials or conversion to judicial
                                               People’s Republic of China: Notice of                   noted above, the petitioner withdrew its              protective order is hereby requested.
                                               Rescission of Antidumping Duty                          request for review within 90 days of the              Failure to comply with the regulations
                                               Administrative Review; 2016–2017                                                                              and terms of an APO is a violation
                                                                                                       publication date of the Initiation Notice.
                                                                                                                                                             which is subject to sanction.
                                               AGENCY:  Enforcement and Compliance,                    No other parties requested an                           This notice is published in
                                               International Trade Administration,                     administrative review of the order.                   accordance with section 777(i)(1) of the
                                               Department of Commerce.                                 Therefore, in accordance with 19 CFR                  Act, and 19 CFR 351.213(d)(4).
                                                                                                       351.213(d)(1), we are rescinding this
                                               SUMMARY: The Department of Commerce                                                                             Dated: October 17, 2017.
                                                                                                       review on wind towers from the PRC in
                                               (the Department) is rescinding its                                                                            James Maeder,
                                                                                                       its entirety.
                                               administrative review of utility scale                                                                        Senior Director performing the duties of
                                               wind towers (wind towers) from the                      Assessment                                            Deputy Assistant Secretary for Antidumping
                                               People’s Republic of China (PRC) for the                                                                      and Countervailing Duty Operations.
                                               period or review (POR) February 1,                        The Department will instruct U.S.                   [FR Doc. 2017–22932 Filed 10–20–17; 8:45 am]
                                               2016, through January 31, 2017, based                   Customs and Border Protection (CBP) to                BILLING CODE 3510–DS–P
                                               on the withdrawal of request for review.                assess antidumping duties on all
                                               DATES: Applicable October 23, 2017.                     appropriate entries of wind towers from
                                                                                                       the PRC. Antidumping duties shall be                  DEPARTMENT OF COMMERCE
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       assessed at rates equal to the cash
                                               Trisha Tran, AD/CVD Operations, Office                                                                        International Trade Administration
                                                                                                       deposit of estimated antidumping duties
                                               IV, Enforcement and Compliance,
                                               International Trade Administration,                     required at the time of entry, or                     [Docket No.: 170413395–7395–02]
                                               U.S. Department of Commerce, 1401                       withdrawal from warehouse, for                        RIN 0625–XCO3
                                               Constitution Avenue NW., Washington,                    consumption in accordance with 19
                                               DC 20230; telephone: (202) 482–4852.                    CFR 351.212(c)(1)(i). The Department                  2017 Fee Schedule for National Travel
                                                                                                       intends to issue appropriate assessment               and Tourism Office for the Advance
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       instructions to CBP 15 days after the                 Passenger Information System (APIS)/
                                               Background                                              date of publication of this notice of                 I–92 Program, I–94 International
                                                  On February 8, 2017, the Department                  rescission of administrative review in                Arrivals Program, and Survey of
                                               published the notice of opportunity to                  the Federal Register.                                 International Air Travelers Program
                                               request an administrative review of the                 Notification to Importers                             AGENCY:   International Trade
                                               antidumping duty order on wind towers                                                                         Administration, Department of
                                               from the PRC for the above POR.1 On                       This notice also serves as a final                  Commerce.
                                               February 28, 2017, in accordance with                   reminder to importers for whom this                   ACTION: Final notice of implementation
                                               section 751(a) of the Tariff Act of 1930,               review is being rescinded of their                    of user fees.
                                               as amended (the Act), and 19 CFR                        responsibility under 19 CFR
                                               351.213(b), the Department received a                   351.402(f)(2) to file a certificate                   SUMMARY:   The International Trade
                                               timely request from the Wind Tower                      regarding the reimbursement of                        Administration (ITA) solicited public
                                               Coalition (the petitioner) to conduct an                antidumping duties prior to liquidation               feedback on its proposal to adjust the
                                               administrative review of this                           of the relevant entries during this                   National Travel & Tourism Office
                                               antidumping duty order.2                                review period. Failure to comply with                 (NTTO) 2017 I–94/APIS & SIAT data
                                                  Pursuant to this request, and in                     this requirement could result in the                  user fees for three programs after
                                               accordance with 19 CFR                                                                                        considering an independent cost study
                                                                                                       Secretary’s presumption that
                                               351.225(c)(1)(i), on April 10, 2017, the                                                                      which concluded that ITA is not fully
                                                                                                       reimbursement of the antidumping
                                               Department published a notice of                                                                              covering its costs for providing services
                                                                                                       duties occurred and the subsequent                    under the current fee structure. Federal
                                               initiation of an administrative review of               assessment of double antidumping
                                               the antidumping duty order on wind                                                                            agencies are directed by Office of
                                                                                                       duties.                                               Management and Budget (OMB)
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                                                 1 See Antidumping or Countervailing Duty, Order,                                                            Circular A–25 to ensure they recoup
                                                                                                         3 See Initiation of Antidumping and
                                               Finding, or Suspended Investigation; Opportunity                                                              their costs when providing certain
                                                                                                       Countervailing Duty Administrative Reviews, 82 FR
                                               to Request Administrative Review, 82 FR 9709                                                                  services. The NTTO provides key
                                               (February 8, 2017).                                     17188 (April 10, 2017).
                                                 2 See Letter from the petitioner, ‘‘Utility Scale       4 See Letter from the petitioner, ‘‘Utility Scale
                                                                                                                                                             market intelligence to the government
                                               Wind Towers from the People’s Republic of China:        Wind Towers from the People’s Republic of China:      and travel industry to help U.S.
                                               Request for Administrative Review,’’ dated              Withdrawal of Request for Administrative Review,’’    businesses expand travel exports. ITA,
                                               February 28, 2017.                                      dated May 31, 2017.                                   through the NTTO, will continue to


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Document Created: 2017-10-21 02:35:49
Document Modified: 2017-10-21 02:35:49
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
DatesApplicable October 16, 2017.
ContactGene Calvert at (202) 482-3586 (Indonesia, Korea, and Pakistan) or Jun Jack Zhao at (202) 482-1396 (Brazil and Taiwan), Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 48977 

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