83_FR_19776 83 FR 19689 - Polyethylene Terephthalate Resin From Pakistan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 19689 - Polyethylene Terephthalate Resin From Pakistan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19689-19691
FR Document2018-09511

The Department of Commerce (Commerce) preliminarily determines that polyethylene terephthalate resin (PET resin) from Pakistan is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is July 1, 2016, through June 30, 2017.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19689-19691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09511]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-535-905]


Polyethylene Terephthalate Resin From Pakistan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that polyethylene terephthalate resin (PET resin) from Pakistan is 
being, or is likely to be, sold in the United States at less than fair 
value. The period of investigation is July 1, 2016, through June 30, 
2017.

DATES: Applicable May 4, 2018.

FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4737.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 23, 
2017.\1\ Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through 22, 2018. On February 22, 2018, Commerce postponed the 
preliminary determination of this investigation.\2\ The revised 
deadline for the preliminary determination of this investigation is now 
April 27, 2018.\3\
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    \1\ See Polyethylene Terephthalate Resin from Brazil, Indonesia, 
the Republic of Korea, Pakistan, and Taiwan: Initiation of Less-
Than-Fair-Value Investigations, 82 FR 48977 (October 23, 2017) 
(Initiation Notice).
    \2\ See Polyethylene Terephthalate from Brazil, Indonesia, the 
Republic of Korea, Pakistan, and Taiwan: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations, 83 FR 7655 
(February 22, 2018).
    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' (Tolling Memorandum), dated January 23, 2018. 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Polyethylene Terephthalate Resin from Indonesia'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is PET resin from 
Pakistan. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ For a summary of 
the product coverage comments and rebuttal responses submitted to the 
record for this preliminary determination, and accompanying discussion 
and analysis of all comments timely received, see the Preliminary 
Decision Memorandum. After evaluating the comments, Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice to exclude PET-glycol resin. See the revised scope in 
Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. In addition, Commerce has preliminarily relied upon facts 
available under section 776(a)(1) of the Act for Novatex. For a full 
description of the methodology underlying the

[[Page 19690]]

preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. Commerce calculated an individual estimated 
weighted-average dumping margin for Novatex, the only individually 
examined exporter/producer in this investigation. Because the only 
individually calculated dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Novatex is the margin assigned to 
all-other producers and exporters, pursuant to section 735(c)(5)(A) of 
the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Novatex Limited \7\.........................................        7.75
All-Others..................................................        7.75
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margins 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise, and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.
---------------------------------------------------------------------------

    \7\ Commerce preliminarily determines that Novatex Limited and 
Gatron Industries Limited are a single entity. See Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On April 9, 2018, pursuant to 19 CFR 351.210(e), Novatex requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\9\ On April 
12, 2018, the petitioners \10\ also requested that Commerce postpone 
the final determination.\11\ In accordance with section 735(a)(2)(A) of 
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, Commerce is postponing the 
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly, 
Commerce will make its final determination no later than 135 days after 
the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \9\ See Novatex's Letter, ``Polyethylene Terephthalate Resin 
from Pakistan: Novatex Request to Postpone Final Determination,'' 
dated April 9, 2018.
    \10\ The petitioners are DAK Americas LLC, Indorama Ventures 
USA, Inc., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, 
America.
    \11\ See Letter from the petitioners, ``Polyethylene 
Terephthalate Resin from Brazil, Indonesia, the Republic of Korea, 
Pakistan, and Taiwan--Petitioners' Request to Extend the Antidumping 
Duty Determinations,'' dated April 12, 2018.

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[[Page 19691]]

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: April 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation 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 scope excludes PET-glycol resin, also referred to as PETG. 
PET-glycol resins are manufactured by replacing a portion of the raw 
material input monoethylene glycol (MEG) with one of five glycol 
modifiers: Cyclohexanedimethanol (CHDM), diethylene glycol (DEG), 
neopentyl glycol (NPG), isosorbide, or spiro glycol. Specifically, 
excluded PET-glycol resins must contain a minimum of 10 percent, by 
weight, of CHDM, DEG, NPG, isosorbide or spiro glycol, or some 
combination of these glycol modifiers. Unlike subject PET resin, 
PET-glycol resins are amorphous resins that are not solid-stated and 
cannot be crystallized or recycled.
    The merchandise subject to this investigation 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 subheadings are provided for convenience and customs 
purposes, the written description of the merchandise covered by this 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
    A. Comparisons to Fair Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Duty Drawback
XII. Normal Value
    A. Home Market Viability and Comparison Market
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Conclusion

[FR Doc. 2018-09511 Filed 5-3-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                           Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                                                  19689

                                                                                                                                                                                                 Estimated        Average time
                                                                                                       Application type                                                                          number of                                 Total hours
                                                                                                                                                                                                                    estimate
                                                                                                                                                                                                 responses

                                             Full Application Submission for Construction Applicants ............................................................                                          99                   43.0            4246.6
                                             Full Application Submission All Other EDA Programs ................................................................                                          737                   17.1           12579.2
                                             Full Application Submission for Non-Profit Applicants ................................................................                                       125                   19.5            2436.9

                                                  Total ......................................................................................................................................          1672    ........................         22,512



                                               Estimated Total Annual Cost to                                           investigation is July 1, 2016, through                                   Centralized Electronic Service System
                                             Public: $0.                                                                June 30, 2017.                                                           (ACCESS). ACCESS is available to
                                                                                                                        DATES: Applicable May 4, 2018.                                           registered users at https://
                                             IV. Request for Comments
                                                                                                                        FOR FURTHER INFORMATION CONTACT:                                         access.trade.gov, and to all parties in the
                                                Pursuant to section 3506(c)(2)(A) of                                    Lauren Caserta, AD/CVD Operations,                                       Central Records Unit, room B8024 of the
                                             the PRA (44 U.S.C. 3501 et seq.),                                          Office VII, Enforcement and                                              main Department of Commerce
                                             comments are invited on: (a) Whether                                       Compliance, International Trade                                          building. In addition, a complete
                                             the proposed collection of information                                     Administration, U.S. Department of                                       version of the Preliminary Decision
                                             is necessary for the proper performance                                    Commerce, 1401 Constitution Avenue                                       Memorandum can be accessed directly
                                             of the functions of the agency, including                                  NW, Washington, DC 20230; telephone:                                     at http://enforcement.trade.gov/frn/.
                                             whether the information shall have                                         (202) 482–4737.                                                          The signed and the electronic versions
                                             practical utility; (b) the accuracy of the                                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                                 of the Preliminary Decision
                                             agency’s estimate of the burden                                                                                                                     Memorandum are identical in content.
                                             (including hours and cost) of the                                          Background
                                                                                                                                                                                                 Scope of the Investigation
                                             proposed collection of information; (c)                                       This preliminary determination is
                                             ways to enhance the quality, utility, and                                  made in accordance with section 733(b)                                     The merchandise covered by this
                                             clarity of the information to be                                           of the Tariff Act of 1930, as amended                                    investigation is PET resin from Pakistan.
                                             collected; and (d) ways to minimize the                                    (the Act). Commerce published the                                        For a complete description of the scope
                                             burden of the collection of information                                    notice of initiation of this investigation                               of this investigation, see Appendix I.
                                             on respondents, including through the                                      on October 23, 2017.1 Commerce                                           Scope Comments
                                             use of automated collection techniques                                     exercised its discretion to toll all
                                             or other forms of information                                                                                                                         In accordance with the preamble to
                                                                                                                        deadlines affected by the closure of the                                 Commerce’s regulations,5 the Initiation
                                             technology.                                                                Federal Government from January 20                                       Notice set aside a period of time for
                                                Comments submitted in response to                                       through 22, 2018. On February 22, 2018,                                  parties to raise issues regarding product
                                             this notice will be summarized and may                                     Commerce postponed the preliminary                                       coverage (i.e., scope).6 For a summary of
                                             be included in the request for Office of                                   determination of this investigation.2 The                                the product coverage comments and
                                             Management and Budget approval of                                          revised deadline for the preliminary                                     rebuttal responses submitted to the
                                             this information collection; they also                                     determination of this investigation is                                   record for this preliminary
                                             will become a matter of public record.                                     now April 27, 2018.3                                                     determination, and accompanying
                                                                                                                           For a complete description of the
                                             Sheleen Dumas,                                                                                                                                      discussion and analysis of all comments
                                                                                                                        events that followed the initiation of
                                             Departmental Lead PRA Officer, Office of the                                                                                                        timely received, see the Preliminary
                                                                                                                        this investigation, see the Preliminary
                                             Chief Information Officer.
                                                                                                                        Decision Memorandum.4 A list of topics                                   Decision Memorandum. After
                                             [FR Doc. 2018–09538 Filed 5–3–18; 8:45 am]                                 included in the Preliminary Decision                                     evaluating the comments, Commerce is
                                             BILLING CODE 3510–34–P                                                     Memorandum is included as Appendix                                       preliminarily modifying the scope
                                                                                                                        II to this notice. The Preliminary                                       language as it appeared in the Initiation
                                                                                                                        Decision Memorandum is a public                                          Notice to exclude PET-glycol resin. See
                                             DEPARTMENT OF COMMERCE                                                     document and is on file electronically                                   the revised scope in Appendix I to this
                                                                                                                        via Enforcement and Compliance’s                                         notice.
                                             International Trade Administration
                                                                                                                        Antidumping and Countervailing Duty                                      Methodology
                                             [A–535–905]                                                                   1 See Polyethylene Terephthalate Resin from
                                                                                                                                                                                                   Commerce is conducting this
                                                                                                                        Brazil, Indonesia, the Republic of Korea, Pakistan,                      investigation in accordance with section
                                             Polyethylene Terephthalate Resin                                           and Taiwan: Initiation of Less-Than-Fair-Value                           731 of the Act. Commerce has
                                             From Pakistan: Preliminary Affirmative                                     Investigations, 82 FR 48977 (October 23, 2017)                           calculated export prices in accordance
                                             Determination of Sales at Less Than                                        (Initiation Notice).                                                     with section 772(a) of the Act.
                                                                                                                           2 See Polyethylene Terephthalate from Brazil,
                                             Fair Value, Postponement of Final                                                                                                                   Constructed export prices have been
                                                                                                                        Indonesia, the Republic of Korea, Pakistan, and
                                             Determination, and Extension of                                            Taiwan: Postponement of Preliminary                                      calculated in accordance with section
                                             Provisional Measures                                                       Determinations of Antidumping Duty                                       772(b) of the Act. Normal value (NV) is
                                                                                                                        Investigations, 83 FR 7655 (February 22, 2018).                          calculated in accordance with section
                                             AGENCY:   Enforcement and Compliance,                                         3 See Memorandum, ‘‘Deadlines Affected by the
                                                                                                                                                                                                 773 of the Act. In addition, Commerce
                                             International Trade Administration,                                        Shutdown of the Federal Government,’’ (Tolling
                                                                                                                                                                                                 has preliminarily relied upon facts
amozie on DSK3GDR082PROD with NOTICES




                                             Department of Commerce.                                                    Memorandum), dated January 23, 2018. All
                                                                                                                        deadlines in this segment of the proceeding have                         available under section 776(a)(1) of the
                                             SUMMARY: The Department of Commerce                                        been extended by 3 days.                                                 Act for Novatex. For a full description
                                             (Commerce) preliminarily determines                                           4 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                                                                 of the methodology underlying the
                                             that polyethylene terephthalate resin                                      the Preliminary Determination in the Less-Than-
                                                                                                                        Fair-Value Investigation of Polyethylene
                                             (PET resin) from Pakistan is being, or is                                  Terephthalate Resin from Indonesia’’ dated                                 5 See Antidumping Duties; Countervailing Duties,
                                             likely to be, sold in the United States at                                 concurrently with, and hereby adopted by, this                           Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                             less than fair value. The period of                                        notice (Preliminary Decision Memorandum).                                  6 See Initiation Notice.




                                        VerDate Sep<11>2014        18:16 May 03, 2018          Jkt 244001       PO 00000        Frm 00010        Fmt 4703       Sfmt 4703       E:\FR\FM\04MYN1.SGM      04MYN1


                                             19690                             Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices

                                             preliminary determination, see the                      dumping margins determined in this                    DC 20230, at a time and date to be
                                             Preliminary Decision Memorandum.                        preliminary determination; (2) if the                 determined. Parties should confirm by
                                                                                                     exporter is not a respondent identified               telephone the date, time, and location of
                                             All-Others Rate
                                                                                                     above, but the producer is, then the cash             the hearing two days before the
                                                Sections 733(d)(1)(A)(ii) and                        deposit rate will be equal to the                     scheduled date.
                                             735(c)(5)(A) of the Act provide that in                 company-specific estimated weighted-
                                             the preliminary determination                           average dumping margin established for                Postponement of Final Determination
                                             Commerce shall determine an estimated                   that producer of the subject                          and Extension of Provisional Measures
                                             all-others rate for all exporters and                   merchandise, and (3) the cash deposit
                                             producers not individually examined.                                                                             Section 735(a)(2) of the Act provides
                                                                                                     rate for all other producers and
                                             This rate shall be an amount equal to                                                                         that a final determination may be
                                                                                                     exporters will be equal to the all-others
                                             the weighted average of the estimated                   estimated weighted-average dumping                    postponed until not later than 135 days
                                             weighted-average dumping margins                        margin.                                               after the date of the publication of the
                                             established for exporters and producers                                                                       preliminary determination if, in the
                                             individually investigated, excluding any                Disclosure                                            event of an affirmative preliminary
                                             zero and de minimis margins, and any                      Commerce intends to disclose its                    determination, a request for such
                                             margins determined entirely under                       calculations and analysis performed to                postponement is made by exporters who
                                             section 776 of the Act. Commerce                        interested parties in this preliminary                account for a significant proportion of
                                             calculated an individual estimated                      determination within five days of any                 exports of the subject merchandise, or in
                                             weighted-average dumping margin for                     public announcement or, if there is no                the event of a negative preliminary
                                             Novatex, the only individually                          public announcement, within five days                 determination, a request for such
                                             examined exporter/producer in this                      of the date of publication of this notice             postponement is made by the petitioner.
                                             investigation. Because the only                         in accordance with 19 CFR 351.224(b).                 Section 351.210(e)(2) of Commerce’s
                                             individually calculated dumping margin
                                                                                                     Verification                                          regulations requires that a request by
                                             is not zero, de minimis, or based
                                                                                                                                                           exporters for postponement of the final
                                             entirely on facts otherwise available, the                 As provided in section 782(i)(1) of the
                                             estimated weighted-average dumping                                                                            determination be accompanied by a
                                                                                                     Act, Commerce intends to verify the
                                             margin calculated for Novatex is the                                                                          request for extension of provisional
                                                                                                     information relied upon in making its
                                             margin assigned to all-other producers                                                                        measures from a four-month period to a
                                                                                                     final determination.
                                             and exporters, pursuant to section                                                                            period not more than six months in
                                             735(c)(5)(A) of the Act.                                   Public Comment                                     duration.
                                                                                                           Case briefs or other written comments              On April 9, 2018, pursuant to 19 CFR
                                             Preliminary Determination
                                                                                                        may be submitted to the Assistant                  351.210(e), Novatex requested that
                                                 Commerce preliminarily determines                      Secretary for Enforcement and                      Commerce postpone the final
                                             that the following estimated weighted-                     Compliance no later than seven days                determination and that provisional
                                             average dumping margins exist:                             after the date on which the last                   measures be extended to a period not to
                                                                                                        verification report is issued in this              exceed six months.9 On April 12, 2018,
                                                                                             Estimated investigation. Rebuttal briefs, limited to
                                                                                             weighted-                                                     the petitioners 10 also requested that
                                                                                              average   issues raised in case briefs, may be               Commerce postpone the final
                                                      Exporter/producer                                 submitted no later than five days after
                                                                                             dumping                                                       determination.11 In accordance with
                                                                                               margin   the deadline date for case briefs.8
                                                                                             (percent)                                                     section 735(a)(2)(A) of the Act and 19
                                                                                                        Pursuant to 19 CFR 351.309(c)(2) and
                                                                                                                                                           CFR 351.210(b)(2)(ii), because: (1) The
                                             Novatex Limited 7 ........................            7.75 (d)(2), parties who submit case briefs or          preliminary determination is
                                             All-Others ....................................       7.75 rebuttal briefs in this investigation are          affirmative; (2) the requesting exporter
                                                                                                        encouraged to submit with each
                                                                                                        argument: (1) A statement of the issue;            accounts for a significant proportion of
                                             Suspension of Liquidation                                                                                     exports of the subject merchandise; and
                                                                                                        (2) a brief summary of the argument;
                                                 In accordance with section 733(d)(2)                   and (3) a table of authorities.                    (3) no compelling reasons for denial
                                             of the Act, Commerce will direct U.S.                         Pursuant to 19 CFR 351.310(c),                  exist, Commerce is postponing the final
                                             Customs and Border Protection (CBP) to interested parties who wish to request a                               determination and extending the
                                             suspend liquidation of entries of subject hearing, limited to issues raised in the                            provisional measures from a four-month
                                             merchandise, as described in Appendix case and rebuttal briefs, must submit a                                 period to a period not greater than six
                                             I, entered, or withdrawn from                              written request to the Assistant                   months. Accordingly, Commerce will
                                             warehouse, for consumption on or after                     Secretary for Enforcement and                      make its final determination no later
                                             the date of publication of this notice in                  Compliance, U.S. Department of                     than 135 days after the date of
                                             the Federal Register. Further, pursuant                    Commerce, within 30 days after the date            publication of this preliminary
                                             to section 733(d)(1)(B) of the Act and 19 of publication of this notice. Requests
                                             CFR 351.205(d), Commerce will instruct should contain the party’s name,                                       determination.
                                             CBP to require a cash deposit equal to                     address, and telephone number, the
                                             the estimated weighted-average                             number of participants, whether any
                                                                                                                                                             9 See Novatex’s Letter, ‘‘Polyethylene

                                             dumping margin or the estimated all-                       participant is a foreign national, and a
                                                                                                                                                           Terephthalate Resin from Pakistan: Novatex
                                             others rate, as follows: (1) The cash                                                                         Request to Postpone Final Determination,’’ dated
                                                                                                        list of the issues to be discussed. If a           April 9, 2018.
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                                             deposit rate for the respondent listed
                                                                                                        request for a hearing is made, Commerce              10 The petitioners are DAK Americas LLC,
                                             above will be equal to the company-                                                                           Indorama Ventures USA, Inc., M&G Polymers USA,
                                                                                                        intends to hold the hearing at the U.S.
                                             specific estimated weighted-average                                                                           LLC, and Nan Ya Plastics Corporation, America.
                                                                                                        Department of Commerce, 1401                         11 See Letter from the petitioners, ‘‘Polyethylene
                                                7 Commerce preliminarily determines that                Constitution Avenue NW, Washington,                Terephthalate Resin from Brazil, Indonesia, the
                                             Novatex Limited and Gatron Industries Limited are                                                             Republic of Korea, Pakistan, and Taiwan—
                                             a single entity. See Preliminary Decision                  8 See 19 CFR 351.309; see also 19 CFR 351.303      Petitioners’ Request to Extend the Antidumping
                                             Memorandum.                                             (for general filing requirements).                    Duty Determinations,’’ dated April 12, 2018.



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                                                                               Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                    19691

                                             International Trade Commission                          II. Background                                        of the Tariff Act of 1930, as amended
                                             Notification                                            III. Period of Investigation                          (the Act). Commerce published the
                                                                                                     IV. Postponement of Final Determination and           notice of initiation of this investigation
                                                In accordance with section 733(f) of                       Extension of Provisional Measures
                                             the Act, Commerce will notify the                                                                             on October 23, 2017.1 On January 23,
                                                                                                     V. Scope Comments
                                             International Trade Commission (ITC) of                 VI. Affiliation and Collapsing
                                                                                                                                                           2018, Commerce exercised its discretion
                                             its preliminary determination. If the                   VII. Discussion of the Methodology                    to toll all deadlines affected by the
                                             final determination is affirmative, the                    A. Comparisons to Fair Value                       closure of the Federal Government from
                                             ITC will determine before the later of                     1. Determination of Comparison Method              January 20, 2018, through January 22,
                                             120 days after the date of this                            2. Results of the Differential Pricing             2018.2 On February 22, 2018, Commerce
                                             preliminary determination or 45 days                          Analysis                                        postponed the preliminary
                                                                                                     VIII. Date of Sale                                    determination of this investigation.3 As
                                             after the final determination whether                   IX. Product Comparisons
                                             these imports are materially injuring, or                                                                     a result, the revised deadline for the
                                                                                                     X. Export Price and Constructed Export Price          preliminary determination of this
                                             threaten material injury to, the U.S.                   XI. Duty Drawback
                                             industry.                                                                                                     investigation is now April 27, 2018.
                                                                                                     XII. Normal Value                                        For a complete description of the
                                                                                                        A. Home Market Viability and Comparison
                                             Notification to Interested Parties                            Market
                                                                                                                                                           events that followed the initiation of
                                               This determination is issued and                         B. Affiliated-Party Transactions and Arm’s-        this investigation, see the Preliminary
                                             published in accordance with sections                         Length Test                                     Decision Memorandum.4 A list of topics
                                             733(f) and 777(i)(1) of the Act and 19                     C. Level of Trade                                  included in the Preliminary Decision
                                             CFR 351.205(c).                                            D. Cost of Production (COP) Analysis               Memorandum is included as Appendix
                                                                                                        1. Calculation of COP                              II to this notice. The Preliminary
                                               Dated: April 27, 2018.                                   2. Test of Comparison Market Sales Prices          Decision Memorandum is a public
                                             James Maeder,                                              3. Results of the COP Test                         document and is on file electronically
                                             Associate Deputy Assistant Secretary for                   E. Calculation of NV Based on Comparison           via Enforcement and Compliance’s
                                             Antidumping and Countervailing Duty                           Market Prices                                   Antidumping and Countervailing Duty
                                             Operations performing the duties of Deputy              XIII. Currency Conversion
                                                                                                     XIV. Verification
                                                                                                                                                           Centralized Electronic Service System
                                             Assistant Secretary for Antidumping and
                                                                                                     XV. Conclusion                                        (ACCESS). ACCESS is available to
                                             Countervailing Duty Operations.
                                                                                                                                                           registered users at https://
                                                                                                     [FR Doc. 2018–09511 Filed 5–3–18; 8:45 am]
                                             Appendix I                                                                                                    access.trade.gov, and to all parties in the
                                                                                                     BILLING CODE 3510–DS–P
                                             Scope of the Investigation                                                                                    Central Records Unit, Room B8024 of
                                                                                                                                                           the main Department of Commerce
                                               The merchandise covered by this
                                                                                                                                                           building. In addition, a complete
                                             investigation is polyethylene terephthalate             DEPARTMENT OF COMMERCE
                                             (PET) resin having an intrinsic viscosity of at                                                               version of the Preliminary Decision
                                             least 70, but not more than 88, milliliters per         International Trade Administration                    Memorandum can be accessed directly
                                             gram (0.70 to 0.88 deciliters per gram). The                                                                  at http://enforcement.trade.gov/frn/.
                                             scope includes blends of virgin PET resin               [A–560–832]                                           The signed and the electronic versions
                                             and recycled PET resin containing 50 percent                                                                  of the Preliminary Decision
                                             or more virgin PET resin content by weight,             Polyethylene Terephthalate Resin                      Memorandum are identical in content.
                                             provided such blends meet the intrinsic                 From Indonesia: Preliminary
                                             viscosity requirements above. The scope                 Affirmative Determination of Sales at                 Scope of the Investigation
                                             includes all PET resin meeting the above                Less Than Fair Value, Postponement                      The merchandise covered by this
                                             specifications regardless of additives                  of Final Determination, and Extension                 investigation is PET resin from
                                             introduced in the manufacturing process.                of Provisional Measures
                                               The scope excludes PET-glycol resin, also
                                                                                                                                                           Indonesia. For a complete description of
                                             referred to as PETG. PET-glycol resins are              AGENCY:   Enforcement and Compliance,                 the scope of this investigation, see
                                             manufactured by replacing a portion of the              International Trade Administration,                   Appendix I.
                                             raw material input monoethylene glycol                  Department of Commerce.                               Scope Comments
                                             (MEG) with one of five glycol modifiers:
                                                                                                     SUMMARY: The Department of Commerce
                                             Cyclohexanedimethanol (CHDM), diethylene                                                                        In accordance with the preamble to
                                             glycol (DEG), neopentyl glycol (NPG),                   (Commerce) preliminarily determines                   Commerce’s regulations,5 the Initiation
                                             isosorbide, or spiro glycol. Specifically,              that polyethylene terephthalate resin                 Notice set aside a period of time for
                                             excluded PET-glycol resins must contain a               (PET resin) from Indonesia is being, or               parties to raise issues regarding product
                                             minimum of 10 percent, by weight, of CHDM,              is likely to be, sold in the United States
                                             DEG, NPG, isosorbide or spiro glycol, or                at less than fair value. The period of                   1 See Polyethylene Terephthalate Resin from
                                             some combination of these glycol modifiers.             investigation is July 1, 2016, through                Brazil, Indonesia, the Republic of Korea, Pakistan,
                                             Unlike subject PET resin, PET-glycol resins             June 30, 2017.                                        and Taiwan: Initiation of Less-Than-Fair-Value
                                             are amorphous resins that are not solid-stated                                                                Investigations, 82 FR 48977 (October 23, 2017)
                                             and cannot be crystallized or recycled.                 DATES: Applicable May 4, 2018.                        (Initiation Notice).
                                               The merchandise subject to this                       FOR FURTHER INFORMATION CONTACT:                         2 See Memorandum, ‘‘Deadlines Affected by the

                                             investigation is properly classified under              Caitlin Monks, AD/CVD Operations,                     Shutdown of the Federal Government,’’ dated
                                             subheadings 3907.61.0000 and 3907.69.0000                                                                     January 23, 2018.
                                                                                                     Office VII, Enforcement and                              3 See Polyethylene Terephthalate from Brazil,
                                             of the Harmonized Tariff Schedule of the                Compliance, International Trade                       Indonesia, the Republic of Korea, Pakistan, and
                                             United States (HTSUS). Although the HTSUS
                                             subheadings are provided for convenience
                                                                                                     Administration, U.S. Department of                    Taiwan: Postponement of Preliminary
                                                                                                     Commerce, 1401 Constitution Avenue                    Determinations of Antidumping Duty
                                             and customs purposes, the written                                                                             Investigations, 83 FR 7655 (February 22, 2018).
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                                             description of the merchandise covered by               NW, Washington, DC 20230; telephone:                     4 See Memorandum, ‘‘Decision Memorandum for
                                             this investigation is dispositive.                      (202) 482–2670.                                       the Preliminary Determination in the Less-Than-
                                                                                                     SUPPLEMENTARY INFORMATION:                            Fair-Value Investigation of Polyethylene
                                             Appendix II                                                                                                   Terephthalate Resin from Indonesia’’ dated
                                             List of Topics Discussed in the Preliminary             Background                                            concurrently with, and hereby adopted by, this
                                                                                                                                                           notice (Preliminary Decision Memorandum).
                                             Decision Memorandum                                      This preliminary determination is                       5 See Antidumping Duties; Countervailing Duties,

                                             I. Summary                                              made in accordance with section 733(b)                Final Rule, 62 FR 27296, 27323 (May 19, 1997).



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Document Created: 2018-11-02 09:51:36
Document Modified: 2018-11-02 09:51:36
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 May 4, 2018.
ContactLauren Caserta, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4737.
FR Citation83 FR 19689 

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