83 FR 19694 - Polyethylene Terephthalate Resin From the Republic of Korea: 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)
International Trade Administration
Federal Register Volume 83, Issue 87 (May 4, 2018)
| Page Range | 19694-19696 | |
| FR Document | 2018-09521 |
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)] [Notices] [Pages 19694-19696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09521] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-896] Polyethylene Terephthalate Resin From the Republic of Korea: 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 the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016, through June 30, 2017. DATES: Applicable May 4, 2018. FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482-3964. 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\ --------------------------------------------------------------------------- \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 the Republic of Korea'' 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 Korea. 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 adverse facts available under sections 776(a)(1) and 776(b) of the Act for Lotte Chemical Corp., Regd. (Lotte Chemical) and TK Chemical Corp. (TK Chemical). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Adverse Facts Available Lotte Chemical and TK Chemical were selected as mandatory respondents, but failed to respond to Commerce's questionnaire. Accordingly, we preliminarily determine to base Lotte Chemical's and TK Chemical's dumping margins on adverse facts available (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we applied the highest dumping margin calculated for Korean exports of subject merchandise contained in the petition,\7\ 101.41 percent. For further discussion, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ 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). --------------------------------------------------------------------------- [[Page 19695]] All-Others Rate Sections 733(d)(1)(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 SK Chemicals Co., Ltd., (SK Chemicals), the only cooperative individually examined exporter/ producer in this investigation with shipments of subject merchandise during the POI. 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 SK Chemicals 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) ------------------------------------------------------------------------ SK Chemicals Co., Ltd....................................... 8.81 Lotte Chemical Corp., Regd.................................. 101.41 TK Chemical Corp............................................ 101.41 All-Others.................................................. 8.81 ------------------------------------------------------------------------ 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. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. On April 20, 2018, Commerce preliminarily determined that critical circumstances exist for imports of PET resin from Korea produced and exported by Lotte Chemical, TK Chemical, and all other producers/exporters.\8\ Accordingly, for Lotte Chemical, TK Chemical, and all other producers/ exporters, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. --------------------------------------------------------------------------- \8\ See Antidumping Duty Investigations on Polyethylene Terephthalate Resin from Indonesia, the Republic of Korea, and Taiwan; Preliminary Determinations of Critical Circumstances, 83 FR 17791 (April 24, 2018). --------------------------------------------------------------------------- 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 respondents 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. 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.\9\ 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. --------------------------------------------------------------------------- \9\ 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 11, 2018, pursuant to 19 CFR 351.210(e), SK Chemicals requested that Commerce postpone the final determination and that provisional measures be extended to a period not to [[Page 19696]] exceed six months.\10\ The petitioners \11\ filed the same request on April 12, 2018.\12\ 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. --------------------------------------------------------------------------- \10\ See Letter from SK Chemicals, ``Polyethylene Terephthalate Resin from the Republic of Korea: Request for Postponement of Final Determination and Extension of Provisional Measures,'' dated April 11, 2018. \11\ The petitioners are DAK Americas LLC, Indorama Ventures USA, Inc., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, America. \12\ See Letter from the petitioners, ``Polyethylene Terephthalate Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan--Request to Extend the Antidumping Duty Final Determination,'' dated April 12, 2018. --------------------------------------------------------------------------- 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. Discussion of the Methodology A. Application of Adverse Facts Available (AFA) B. Corroboration of Secondary Information C. All-Others Rate D. Comparisons to Fair Value 1. Determination of the Comparison Method 2. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price and Constructed Export Price X. Normal Value A. Home Market Viability B. Affiliated-Party Transactions and Arm's-Length Test C. Level of Trade D. Calculation of NV Based on Comparison Market Prices E. Calculation of NV Based on Constructed Value (CV) F. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test XI. Currency Conversion XII. Verification XIII. Conclusion [FR Doc. 2018-09521 Filed 5-3-18; 8:45 am] BILLING CODE 3510-DS-P
![19694 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
Department of Commerce, Room 6616, VII, Enforcement and Compliance, For a complete description of the scope
14th and Constitution Avenue NW, International Trade Administration, of this investigation, see Appendix I.
Washington, DC 20230 (or via the U.S. Department of Commerce, 1401
internet at PRAcomment@doc.gov). Constitution Avenue NW, Washington, Scope Comments
FOR FURTHER INFORMATION CONTACT: DC 20230; telephone: (202) 482–3964. In accordance with the preamble to
Requests for additional information or SUPPLEMENTARY INFORMATION: Commerce’s regulations,5 the Initiation
copies of the information collection Background Notice set aside a period of time for
instrument and instructions should be parties to raise issues regarding product
directed to Joe Carter—Office of This preliminary determination is
coverage (i.e., scope).6 For a summary of
Strategic Planning, 1999 Broadway— made in accordance with section 733(b)
the product coverage comments and
Suite 2205, Denver, CO 80220, (303) of the Tariff Act of 1930, as amended
rebuttal responses submitted to the
844–5656, joe.carter@trade.gov. (the Act). Commerce published the
record for this preliminary
notice of initiation of this investigation
SUPPLEMENTARY INFORMATION:
on October 23, 2017.1 Commerce determination, and accompanying
exercised its discretion to toll all discussion and analysis of all comments
Correction
deadlines affected by the closure of the timely received, see the Preliminary
The Federal Register published May Decision Memorandum. After
Federal Government from January 20
1, 2018, in FR Doc. 2018–09119, evaluating the comments, Commerce is
through 22, 2018. On February 22, 2018,
document citation 83 FR 19047 on page preliminarily modifying the scope
Commerce postponed the preliminary
19047, is a duplicate submission that is language as it appeared in the Initiation
determination of this investigation.2 The
being withdrawn. Notice to exclude PET-glycol resin. See
revised deadline for the preliminary
All comments received are a part of determination of this investigation is the revised scope in Appendix I to this
the public record and will generally be now April 27, 2018.3 notice.
posted for public viewing on For a complete description of the
www.regulations.gov without change. Methodology
events that followed the initiation of
All personal identifying information this investigation, see the Preliminary Commerce is conducting this
(e.g., name, address, etc.), confidential Decision Memorandum.4 A list of topics investigation in accordance with section
business information, or otherwise included in the Preliminary Decision 731 of the Act. Commerce has
sensitive information submitted Memorandum is included as Appendix calculated export prices in accordance
voluntarily by the sender will be II to this notice. The Preliminary with section 772(a) of the Act.
publicly accessible. We will accept Decision Memorandum is a public Constructed export prices have been
anonymous comments (enter ‘‘N/A’’ in document and is on file electronically calculated in accordance with section
the required fields if you wish to remain via Enforcement and Compliance’s 772(b) of the Act. Normal value (NV) is
anonymous). Antidumping and Countervailing Duty calculated in accordance with section
Sheleen Dumas, Centralized Electronic Service System 773 of the Act. In addition, Commerce
Departmental Lead PRA Officer, Office of the (ACCESS). ACCESS is available to has preliminarily relied upon adverse
Chief Information Officer. registered users at https:// facts available under sections 776(a)(1)
[FR Doc. 2018–09500 Filed 5–3–18; 8:45 am]
access.trade.gov, and to all parties in the and 776(b) of the Act for Lotte Chemical
Central Records Unit, room B8024 of the Corp., Regd. (Lotte Chemical) and TK
BILLING CODE 3510–FP–P
main Department of Commerce Chemical Corp. (TK Chemical). For a
building. In addition, a complete full description of the methodology
DEPARTMENT OF COMMERCE version of the Preliminary Decision underlying the preliminary
Memorandum can be accessed directly determination, see the Preliminary
International Trade Administration at http://enforcement.trade.gov/frn/. Decision Memorandum.
The signed and the electronic versions
[A–580–896] of the Preliminary Decision Adverse Facts Available
Memorandum are identical in content.
Polyethylene Terephthalate Resin Lotte Chemical and TK Chemical
From the Republic of Korea: Scope of the Investigation were selected as mandatory
Preliminary Affirmative Determination The merchandise covered by this respondents, but failed to respond to
of Sales at Less Than Fair Value, investigation is PET resin from Korea. Commerce’s questionnaire. Accordingly,
Postponement of Final Determination, we preliminarily determine to base
and Extension of Provisional Measures 1 See Polyethylene Terephthalate Resin from Lotte Chemical’s and TK Chemical’s
Brazil, Indonesia, the Republic of Korea, Pakistan, dumping margins on adverse facts
AGENCY: Enforcement and Compliance, and Taiwan: Initiation of Less-Than-Fair-Value
available (AFA), in accordance with
International Trade Administration, Investigations, 82 FR 48977 (October 23, 2017)
(Initiation Notice). sections 776(a) and (b) of the Act and 19
Department of Commerce. 2 See Polyethylene Terephthalate from Brazil, CFR 351.308. As AFA, we applied the
SUMMARY: The Department of Commerce Indonesia, the Republic of Korea, Pakistan, and highest dumping margin calculated for
(Commerce) preliminarily determines Taiwan: Postponement of Preliminary
Korean exports of subject merchandise
that polyethylene terephthalate resin Determinations of Antidumping Duty
Investigations, 83 FR 7655 (February 22, 2018). contained in the petition,7 101.41
(PET resin) from the Republic of Korea 3 See Memorandum, ‘‘Deadlines Affected by the percent. For further discussion, see the
(Korea) is being, or is likely to be, sold Shutdown of the Federal Government,’’ (Tolling Preliminary Decision Memorandum.
in the United States at less than fair
amozie on DSK3GDR082PROD with NOTICES
Memorandum), dated January 23, 2018. All
value (LTFV). The period of deadlines in this segment of the proceeding have 5 See Antidumping Duties; Countervailing Duties,
been extended by 3 days.
investigation (POI) is July 1, 2016, 4 See Memorandum, ‘‘Decision Memorandum for
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
through June 30, 2017. the Preliminary Determination in the Less-Than-
7 See Polyethylene Terephthalate Resin from
DATES: Applicable May 4, 2018. Fair-Value Investigation of Polyethylene
Terephthalate Resin from the Republic of Korea’’ Brazil, Indonesia, the Republic of Korea, Pakistan,
FOR FURTHER INFORMATION CONTACT: dated concurrently with, and hereby adopted by, and Taiwan: Initiation of Less-Than-Fair-Value
Sean Carey, AD/CVD Operations, Office this notice (Preliminary Decision Memorandum). Investigations, 82 FR 48977 (October 23, 2017).
VerDate Sep<11>2014 18:16 May 03, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/83_FR_19781/page/1.svg)
![19696 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
exceed six months.10 The petitioners 11 provided such blends meet the intrinsic DEPARTMENT OF COMMERCE
filed the same request on April 12, viscosity requirements above. The scope
2018.12 In accordance with section includes all PET resin meeting the above International Trade Administration
735(a)(2)(A) of the Act and 19 CFR specifications regardless of additives
351.210(b)(2)(ii), because: (1) The introduced in the manufacturing process.
[A–583–862]
preliminary determination is The scope excludes PET-glycol resin, also
affirmative; (2) the requesting exporter referred to as PETG. PET-glycol resins are Polyethylene Terephthalate Resin
accounts for a significant proportion of manufactured by replacing a portion of the From Taiwan: Preliminary Affirmative
raw material input monoethylene glycol
exports of the subject merchandise; and Determination of Sales at Less Than
(MEG) with one of five glycol modifiers:
(3) no compelling reasons for denial Fair Value, Postponement of Final
Cyclohexanedimethanol (CHDM), diethylene
exist, Commerce is postponing the final glycol (DEG), neopentyl glycol (NPG),
Determination, and Extension of
determination and extending the isosorbide, or spiro glycol. Specifically, Provisional Measures
provisional measures from a four-month excluded PET-glycol resins must contain a
period to a period not greater than six AGENCY: Enforcement and Compliance,
minimum of 10 percent, by weight, of CHDM, International Trade Administration,
months. Accordingly, Commerce will DEG, NPG, isosorbide or spiro glycol, or
make its final determination no later Department of Commerce.
some combination of these glycol modifiers.
than 135 days after the date of Unlike subject PET resin, PET-glycol resins SUMMARY: The Department of Commerce
publication of this preliminary are amorphous resins that are not solid-stated (Commerce) preliminarily determines
determination. and cannot be crystallized or recycled. that polyethylene terephthalate resin
The merchandise subject to this (PET resin) from Taiwan is being, or is
International Trade Commission
investigation is properly classified under likely to be, sold in the United States at
Notification
subheadings 3907.61.0000 and 3907.69.0000 less than fair value (LTFV). The period
In accordance with section 733(f) of of the Harmonized Tariff Schedule of the of investigation (POI) is July 1, 2016,
the Act, Commerce will notify the United States (HTSUS). Although the HTSUS through June 30, 2017.
International Trade Commission (ITC) of subheadings are provided for convenience DATES: Applicable May 4, 2018.
its preliminary determination. If the and customs purposes, the written
FOR FURTHER INFORMATION CONTACT: Jun
final determination is affirmative, the description of the merchandise covered by
ITC will determine before the later of this investigation is dispositive. Jack Zhao or Alexander Cipolla, AD/
120 days after the date of this CVD Operations, Office VII,
Appendix II Enforcement and Compliance,
preliminary determination or 45 days
after the final determination whether List of Topics Discussed in the Preliminary International Trade Administration,
these imports are materially injuring, or Decision Memorandum U.S. Department of Commerce, 1401
threaten material injury to, the U.S. Constitution Avenue NW, Washington,
I. Summary
industry. II. Background
DC 20230; telephone: (202) 482–1396 or
III. Period of Investigation (202) 482–4956, respectively.
Notification to Interested Parties SUPPLEMENTARY INFORMATION:
IV. Postponement of Final Determination and
This determination is issued and Extension of Provisional Measures
published in accordance with sections Background
V. Scope Comments
733(f) and 777(i)(1) of the Act and 19 VI. Discussion of the Methodology This preliminary determination is
CFR 351.205(c). A. Application of Adverse Facts Available made in accordance with section 733(b)
Dated: April 27, 2018. (AFA) of the Tariff Act of 1930, as amended
B. Corroboration of Secondary Information (the Act). Commerce published the
James Maeder,
C. All-Others Rate notice of initiation of this investigation
Associate Deputy Assistant Secretary for D. Comparisons to Fair Value
Antidumping and Countervailing Duty on October 23, 2017.1 On January 23,
1. Determination of the Comparison 2018, Commerce exercised its discretion
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and Method to toll all deadlines affected by the
Countervailing Duty Operations. 2. Results of the Differential Pricing closure of the Federal Government from
Analysis
January 20, 2018, through January 22,
Appendix I VII. Date of Sale
2018.2 On February 22, 2018, Commerce
Scope of the Investigation VIII. Product Comparisons
IX. Export Price and Constructed Export
postponed the preliminary
The merchandise covered by this Price determination of this investigation.3 As
investigation is polyethylene terephthalate a result, the revised deadline for the
X. Normal Value
(PET) resin having an intrinsic viscosity of at preliminary determination of this
least 70, but not more than 88, milliliters per A. Home Market Viability
B. Affiliated-Party Transactions and Arm’s- investigation is now April 27, 2018.
gram (0.70 to 0.88 deciliters per gram). The
scope includes blends of virgin PET resin Length Test For a complete description of the
and recycled PET resin containing 50 percent C. Level of Trade events that followed the initiation of
or more virgin PET resin content by weight, D. Calculation of NV Based on Comparison this investigation, see the Preliminary
Market Prices
10 See Letter from SK Chemicals, ‘‘Polyethylene E. Calculation of NV Based on Constructed 1 See Polyethylene Terephthalate Resin from
Terephthalate Resin from the Republic of Korea: Value (CV) Brazil, Indonesia, the Republic of Korea, Pakistan,
Request for Postponement of Final Determination F. Cost of Production (COP) Analysis and Taiwan: Initiation of Less-Than-Fair-Value
and Extension of Provisional Measures,’’ dated 1. Calculation of COP Investigations, 82 FR 48977 (October 23, 2017)
April 11, 2018. (Initiation Notice).
amozie on DSK3GDR082PROD with NOTICES
11 The petitioners are DAK Americas LLC, 2. Test of Comparison Market Sales Prices 2 See Memorandum, ‘‘Deadlines Affected by the
Indorama Ventures USA, Inc., M&G Polymers USA, 3. Results of the COP Test Shutdown of the Federal Government,’’ dated
LLC, and Nan Ya Plastics Corporation, America. XI. Currency Conversion January 23, 2018.
12 See Letter from the petitioners, ‘‘Polyethylene XII. Verification 3 See Polyethylene Terephthalate from Brazil,
Terephthalate Resin from Brazil, Indonesia, the XIII. Conclusion Indonesia, the Republic of Korea, Pakistan, and
Republic of Korea, Pakistan, and Taiwan—Request Taiwan: Postponement of Preliminary
to Extend the Antidumping Duty Final [FR Doc. 2018–09521 Filed 5–3–18; 8:45 am] Determinations of Antidumping Duty
Determination,’’ dated April 12, 2018. BILLING CODE 3510–DS–P Investigations, 83 FR 7655 (February 22, 2018).
VerDate Sep<11>2014 18:16 May 03, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/83_FR_19781/page/3.svg)
Document Created: 2018-11-02 09:52:18
Document Modified: 2018-11-02 09:52:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable May 4, 2018. | |
| Contact | Sean Carey, 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) 482-3964. | |
| FR Citation | 83 FR 19694 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR