83_FR_19786 83 FR 19699 - Polyethylene Terephthalate Resin From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 19699 - Polyethylene Terephthalate Resin From Brazil: 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 Range19699-19701
FR Document2018-09516

The Department of Commerce (Commerce) preliminarily determines that polyethylene terephthalate resin (PET resin) from Brazil 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.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19699-19701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09516]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-852]


Polyethylene Terephthalate Resin From Brazil: 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 Brazil 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: Elfi Blum-Page or Kathryn Wallace, 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) 482-0197 or (202) 
482-6251, respectively.

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\ On February 22, 2018, Commerce postponed the preliminary 
determination of this investigation.\2\ Commerce exercised its 
discretion to toll all deadlines affected by the closure of the Federal 
Government from January 20 through 22, 2018. If the new deadline falls 
on a non-business day, in accordance with Commerce's practice, the 
deadline will become the next business day. 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.
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    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 Brazil'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The merchandise covered by this investigation is PET resin from 
Brazil. 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.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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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. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

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.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Textil de Pernambuco and MGP Brasil that 
are not zero, de minimis, or based entirely on facts otherwise 
available. Commerce calculated the all-others' rate using a weighted 
average of the estimated weighted-average dumping margins calculated 
for the examined respondents using each company's publicly-ranged

[[Page 19700]]

values for the merchandise under consideration.\7\
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    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, please see the All-Others' Rate Calculation Memorandum.
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Preliminary Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Companhia Integrada Textil de Pernambuco....................      226.91
M&G Polimeros Brasil, S.A...................................       24.09
All-Others..................................................       93.60
------------------------------------------------------------------------

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 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.\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 March 29, 2018, pursuant to 19 CFR 351.210(e), Textil de 
Pernambuco 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 also requested that 
Commerce postpone the final determination.\10\ 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 Textil de Pernambuco's Letter, ``Antidumping Duty 
Investigation of Polyethylene Terephthalate (PET) Resin from Brazil: 
Thailand: Request for Postponement of Final Determination and 
Provisional Measures Period,'' dated March 29, 2018.
    \10\ See also Petitioners' Letter, ``Polyethylene Terephthalate 
(``PET'') Resin from Brazil, Indonesia, the Republic of Korea, 
Pakistan, and Taiwan--Petitioners' Request to Extend the Antidumping 
Duty Final Determinations,'' dated April 12, 2018.
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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.

[[Page 19701]]

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
VII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Duty Drawback
    A. Duty Exemption Drawback
    B. Duty Suspension Drawback
XII. Normal Value
    A. Sample Sales
    B. Home Market Viability
    C. Affiliated-Party Transactions and Arm's-Length Test
    D. Level of Trade
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value (CV)
    G. Cost of Production (COP) Analysis
XIII. Currency Conversion
XIV. Verification
XV. Conclusion

[FR Doc. 2018-09516 Filed 5-3-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                   19699

                                             Appendix II                                             Background                                            Scope Comments
                                             List of Topics Discussed in the Preliminary                This preliminary determination is                    In accordance with the preamble to
                                             Decision Memorandum                                     made in accordance with section 733(b)                Commerce’s regulations,5 the Initiation
                                             I. Summary                                              of the Tariff Act of 1930, as amended
                                                                                                                                                           Notice set aside a period of time for
                                             II. Background                                          (the Act). Commerce published the
                                                                                                     notice of initiation of this investigation            parties to raise issues regarding product
                                             III. Period of Investigation
                                             IV. Postponement of Final Determination and             on October 23, 2017.1 On February 22,                 coverage (i.e., scope).6 For a summary of
                                                   Extension of Provisional Measures                 2018, Commerce postponed the                          the product coverage comments and
                                             V. Scope Comments                                       preliminary determination of this                     rebuttal responses submitted to the
                                             VI. Affiliation and Collapsing                          investigation.2 Commerce exercised its                record for this preliminary
                                             VII. Discussion of the Methodology                                                                            determination, and accompanying
                                                                                                     discretion to toll all deadlines affected
                                                A. Comparison to Fair Value                                                                                discussion and analysis of all comments
                                                B. Results of the Differential Pricing               by the closure of the Federal
                                                   Analysis                                          Government from January 20 through                    timely received, see the Preliminary
                                             VIII. Product Comparisons                               22, 2018. If the new deadline falls on a              Decision Memorandum. After
                                             IX. Date of Sale                                        non-business day, in accordance with                  evaluating the comments, Commerce is
                                             X. Export Price and Constructed Export Price            Commerce’s practice, the deadline will                preliminarily modifying the scope
                                             XI. Normal Value                                        become the next business day. The                     language as it appeared in the Initiation
                                                A. Home Market Viability                             revised deadline for the preliminary                  Notice to exclude PET-glycol resin. See
                                                B. Affiliated-Party Transactions and Arm’s-          determination of this investigation is
                                                   Length Test
                                                                                                                                                           the revised scope in Appendix I to this
                                                                                                     now April 27, 2018.3                                  notice.
                                                C. Level of Trade
                                                                                                        For a complete description of the
                                                D. Cost of Production (COP) Analysis                                                                       Methodology
                                                1. Calculation of COP                                events that followed the initiation of
                                                2. Test of Comparison Market Sales Prices            this investigation, see the Preliminary
                                                                                                                                                             Commerce is conducting this
                                                3. Results of the COP Test                           Decision Memorandum.4 A list of topics
                                                                                                     included in the Preliminary Decision                  investigation in accordance with section
                                                D. Calculation of NV Based on Comparison
                                                   Market Prices                                     Memorandum is included as Appendix                    731 of the Act. Commerce has
                                             XII. Currency Conversion                                II to this notice. The Preliminary                    calculated export prices in accordance
                                             XIII. Verification                                      Decision Memorandum is a public                       with section 772(a) of the Act.
                                             XIV. Conclusion                                         document and is on file electronically                Constructed export prices have been
                                             [FR Doc. 2018–09515 Filed 5–3–18; 8:45 am]              via Enforcement and Compliance’s                      calculated in accordance with section
                                             BILLING CODE 3510–DS–P                                  Antidumping and Countervailing Duty                   772(b) of the Act. Normal value (NV) is
                                                                                                     Centralized Electronic Service System                 calculated in accordance with section
                                                                                                     (ACCESS). ACCESS is available to                      773 of the Act. For a full description of
                                             DEPARTMENT OF COMMERCE                                  registered users at https://                          the methodology underlying the
                                                                                                     access.trade.gov, and to all parties in the           preliminary determination, see the
                                             International Trade Administration                      Central Records Unit, room B8024 of the               Preliminary Decision Memorandum.
                                                                                                     main Department of Commerce
                                             [A–351–852]                                                                                                   All-Others Rate
                                                                                                     building. In addition, a complete
                                                                                                     version of the Preliminary Decision                     Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                             Polyethylene Terephthalate Resin
                                                                                                     Memorandum can be accessed directly                   of the Act provide that in the
                                             From Brazil: Preliminary Affirmative
                                                                                                     at http://enforcement.trade.gov/frn/.                 preliminary determination Commerce
                                             Determination of Sales at Less Than
                                                                                                     The signed and the electronic versions                shall determine an estimated all-others
                                             Fair Value, Postponement of Final
                                                                                                     of the Preliminary Decision                           rate for all exporters and producers not
                                             Determination, and Extension of
                                                                                                     Memorandum are identical in content.                  individually examined. This rate shall
                                             Provisional Measures
                                                                                                     Scope of the Investigation                            be an amount equal to the weighted
                                             AGENCY:   Enforcement and Compliance,                                                                         average of the estimated weighted-
                                             International Trade Administration,                       The merchandise covered by this
                                                                                                     investigation is PET resin from Brazil.               average dumping margins established
                                             Department of Commerce.
                                                                                                     For a complete description of the scope               for exporters and producers
                                             SUMMARY: The Department of Commerce                                                                           individually investigated, excluding any
                                                                                                     of this investigation, see Appendix I.
                                             (Commerce) preliminarily determines                                                                           zero and de minimis margins, and any
                                             that polyethylene terephthalate resin                      1 See Polyethylene Terephthalate Resin from        margins determined entirely under
                                             (PET resin) from Brazil is being, or is                 Brazil, Indonesia, the Republic of Korea, Pakistan,   section 776 of the Act.
                                             likely to be, sold in the United States at              and Taiwan: Initiation of Less-Than-Fair-Value
                                             less than fair value (LTFV). The period                 Investigations, 82 FR 48977 (October 23, 2017)          In this investigation, Commerce
                                             of investigation (POI) is July 1, 2016,                 (Initiation Notice).                                  calculated estimated weighted-average
                                                                                                        2 See Polyethylene Terephthalate from Brazil,
                                             through June 30, 2017.                                                                                        dumping margins for Textil de
                                                                                                     Indonesia, the Republic of Korea, Pakistan, and
                                             DATES: Applicable May 4, 2018.                          Taiwan: Postponement of Preliminary
                                                                                                                                                           Pernambuco and MGP Brasil that are
                                                                                                     Determinations of Antidumping Duty                    not zero, de minimis, or based entirely
                                             FOR FURTHER INFORMATION CONTACT: Elfi
                                                                                                     Investigations, 83 FR 7655 (February 22, 2018).       on facts otherwise available. Commerce
                                             Blum-Page or Kathryn Wallace, AD/CVD                       3 See Memorandum, ‘‘Deadlines Affected by the
                                                                                                                                                           calculated the all-others’ rate using a
                                             Operations, Office VII, Enforcement and                 Shutdown of the Federal Government,’’ (Tolling
                                                                                                                                                           weighted average of the estimated
                                             Compliance, International Trade
amozie on DSK3GDR082PROD with NOTICES




                                                                                                     Memorandum), dated January 23, 2018. All
                                                                                                     deadlines in this segment of the proceeding have      weighted-average dumping margins
                                             Administration, U.S. Department of
                                             Commerce, 1401 Constitution Avenue
                                                                                                     been extended by 3 days.                              calculated for the examined respondents
                                                                                                        4 See Memorandum, ‘‘Decision Memorandum for
                                             NW, Washington, DC 20230; telephone:                                                                          using each company’s publicly-ranged
                                                                                                     the Preliminary Determination in the Less-Than-
                                             (202) 482–0197 or (202) 482–6251,                       Fair-Value Investigation of Polyethylene                5 See Antidumping Duties; Countervailing Duties,
                                             respectively.                                           Terephthalate Resin from Brazil’’ dated
                                                                                                                                                           Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                     concurrently with, and hereby adopted by, this
                                                                                                                                                             6 See Initiation Notice.
                                             SUPPLEMENTARY INFORMATION:                              notice (Preliminary Decision Memorandum).



                                        VerDate Sep<11>2014   18:16 May 03, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\04MYN1.SGM   04MYN1


                                             19700                                      Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices

                                             values for the merchandise under                                    exporters will be equal to the all-others             postponed until not later than 135 days
                                             consideration.7                                                     estimated weighted-average dumping                    after the date of the publication of the
                                                                                                                 margin.                                               preliminary determination if, in the
                                             Preliminary Determination
                                                                                                                                                                       event of an affirmative preliminary
                                               Commerce preliminarily determines                                 Disclosure
                                                                                                                                                                       determination, a request for such
                                             that the following estimated weighted-                                Commerce intends to disclose its                    postponement is made by exporters who
                                             average dumping margins exist:                                      calculations and analysis performed to                account for a significant proportion of
                                                                                                                 interested parties in this preliminary                exports of the subject merchandise, or in
                                                                                                  Estimated      determination within five days of any                 the event of a negative preliminary
                                                                                                  weighted-
                                                                                                   average       public announcement or, if there is no                determination, a request for such
                                                       Exporter/producer                                         public announcement, within five days                 postponement is made by the petitioner.
                                                                                                  dumping
                                                                                                    margin       of the date of publication of this notice             Section 351.210(e)(2) of Commerce’s
                                                                                                  (percent)      in accordance with 19 CFR 351.224(b).                 regulations requires that a request by
                                                                                                                                                                       exporters for postponement of the final
                                             Companhia Integrada Textil de                                       Verification
                                                Pernambuco ............................               226.91                                                           determination be accompanied by a
                                             M&G Polimeros Brasil, S.A ........                        24.09        As provided in section 782(i)(1) of the            request for extension of provisional
                                             All-Others ....................................           93.60     Act, Commerce intends to verify the                   measures from a four-month period to a
                                                                                                                 information relied upon in making its                 period not more than six months in
                                             Suspension of Liquidation                                           final determination.                                  duration.
                                                                                                                                                                          On March 29, 2018, pursuant to 19
                                                In accordance with section 733(d)(2)                             Public Comment
                                                                                                                                                                       CFR 351.210(e), Textil de Pernambuco
                                             of the Act, Commerce will direct U.S.                                  Case briefs or other written comments              requested that Commerce postpone the
                                             Customs and Border Protection (CBP) to                              may be submitted to the Assistant                     final determination and that provisional
                                             suspend liquidation of entries of subject                           Secretary for Enforcement and                         measures be extended to a period not to
                                             merchandise, as described in Appendix                               Compliance no later than seven days                   exceed six months.9 On April 12, 2018,
                                             I, entered, or withdrawn from                                       after the date on which the last                      the petitioners also requested that
                                             warehouse, for consumption on or after                              verification report is issued in this                 Commerce postpone the final
                                             the date of publication of this notice in                           investigation. Rebuttal briefs, limited to            determination.10 In accordance with
                                             the Federal Register. Further, pursuant                             issues raised in case briefs, may be                  section 735(a)(2)(A) of the Act and 19
                                             to section 733(d)(1)(B) of the Act and 19                           submitted no later than five days after               CFR 351.210(b)(2)(ii), because: (1) The
                                             CFR 351.205(d), Commerce will instruct                              the deadline date for case briefs.8                   preliminary determination is
                                             CBP to require a cash deposit equal to                              Pursuant to 19 CFR 351.309(c)(2) and                  affirmative; (2) the requesting exporter
                                             the estimated weighted-average                                      (d)(2), parties who submit case briefs or             accounts for a significant proportion of
                                             dumping margin or the estimated all-                                rebuttal briefs in this investigation are             exports of the subject merchandise; and
                                             others rate, as follows: (1) The cash                               encouraged to submit with each                        (3) no compelling reasons for denial
                                             deposit rate for the respondents listed                             argument: (1) A statement of the issue;               exist, Commerce is postponing the final
                                             above will be equal to the company-                                 (2) a brief summary of the argument;                  determination and extending the
                                             specific estimated weighted-average                                 and (3) a table of authorities.                       provisional measures from a four-month
                                             dumping margins determined in this                                     Pursuant to 19 CFR 351.310(c),                     period to a period not greater than six
                                             preliminary determination; (2) if the                               interested parties who wish to request a              months. Accordingly, Commerce will
                                             exporter is not a respondent identified                             hearing, limited to issues raised in the              make its final determination no later
                                             above, but the producer is, then the cash                           case and rebuttal briefs, must submit a               than 135 days after the date of
                                             deposit rate will be equal to the                                   written request to the Assistant                      publication of this preliminary
                                             company-specific estimated weighted-                                Secretary for Enforcement and                         determination.
                                             average dumping margin established for                              Compliance, U.S. Department of
                                             that producer of the subject                                                                                              International Trade Commission
                                                                                                                 Commerce, within 30 days after the date               Notification
                                             merchandise; and (3) the cash deposit
                                                                                                                 of publication of this notice. Requests
                                             rate for all other producers and                                                                                             In accordance with section 733(f) of
                                                                                                                 should contain the party’s name,
                                                                                                                 address, and telephone number, the                    the Act, Commerce will notify the
                                               7 With two respondents under examination,
                                                                                                                 number of participants, whether any                   International Trade Commission (ITC) of
                                             Commerce normally calculates (A) a weighted-
                                             average of the estimated weighted-average dumping                   participant is a foreign national, and a              its preliminary determination. If the
                                             margins calculated for the examined respondents;                    list of the issues to be discussed. If a              final determination is affirmative, the
                                             (B) a simple average of the estimated weighted-                     request for a hearing is made, Commerce               ITC will determine before the later of
                                             average dumping margins calculated for the                                                                                120 days after the date of this
                                             examined respondents; and (C) a weighted-average                    intends to hold the hearing at the U.S.
                                             of the estimated weighted-average dumping margins                   Department of Commerce, 1401                          preliminary determination or 45 days
                                             calculated for the examined respondents using each                  Constitution Avenue NW, Washington,                   after the final determination whether
                                             company’s publicly-ranged U.S. sale quantities for
                                                                                                                 DC 20230, at a time and date to be                    these imports are materially injuring, or
                                             the merchandise under consideration. Commerce                                                                             threaten material injury to, the U.S.
                                             then compares (B) and (C) to (A) and selects the rate               determined. Parties should confirm by
                                             closest to (A) as the most appropriate rate for all                 telephone the date, time, and location of             industry.
                                             other producers and exporters. See Ball Bearings                    the hearing two days before the                          9 See Textil de Pernambuco’s Letter,
                                             and Parts Thereof from France, Germany, Italy,
                                             Japan, and the United Kingdom: Final Results of
                                                                                                                 scheduled date.                                       ‘‘Antidumping Duty Investigation of Polyethylene
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                                             Antidumping Duty Administrative Reviews, Final                                                                            Terephthalate (PET) Resin from Brazil: Thailand:
                                                                                                                 Postponement of Final Determination                   Request for Postponement of Final Determination
                                             Results of Changed-Circumstances Review, and
                                             Revocation of an Order in Part, 75 FR 53661, 53663                  and Extension of Provisional Measures                 and Provisional Measures Period,’’ dated March 29,
                                             (September 1, 2010). As complete publicly ranged                                                                          2018.
                                                                                                                   Section 735(a)(2) of the Act provides                  10 See also Petitioners’ Letter, ‘‘Polyethylene
                                             sales data was available, Commerce based the all-
                                             others rate on the publicly ranged sales data of the                that a final determination may be                     Terephthalate (‘‘PET’’) Resin from Brazil, Indonesia,
                                             mandatory respondents. For a complete analysis of                                                                         the Republic of Korea, Pakistan, and Taiwan—
                                             the data, please see the All-Others’ Rate Calculation                  8 See 19 CFR 351.309; see also 19 CFR 351.303      Petitioners’ Request to Extend the Antidumping
                                             Memorandum.                                                         (for general filing requirements).                    Duty Final Determinations,’’ dated April 12, 2018.



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                                                                               Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                  19701

                                             Notification to Interested Parties                        B. Duty Suspension Drawback                         Commerce collections currently under
                                                                                                     XII. Normal Value                                     review by OMB.
                                               This determination is issued and                        A. Sample Sales
                                             published in accordance with sections                                                                           Written comments and
                                                                                                       B. Home Market Viability
                                             733(f) and 777(i)(1) of the Act and 19                    C. Affiliated-Party Transactions and Arm’s-
                                                                                                                                                           recommendations for the proposed
                                             CFR 351.205(c).                                              Length Test                                      information collection should be sent
                                                                                                       D. Level of Trade                                   within 30 days of publication of this
                                               Dated: April 27, 2018.
                                                                                                       E. Calculation of NV Based on Comparison            notice to OIRA_Submission@
                                             James Maeder,                                                                                                 omb.eop.gov or fax to (202) 395–5806.
                                                                                                          Market Prices
                                             Associate Deputy Assistant Secretary for                  F. Calculation of NV Based on Constructed
                                             Antidumping and Countervailing Duty                          Value (CV)                                       Sheleen Dumas,
                                             Operations performing the duties of Deputy                G. Cost of Production (COP) Analysis                Departmental Lead PRA Officer, Office of the
                                             Assistant Secretary for Antidumping and                 XIII. Currency Conversion                             Chief Information Officer.
                                             Countervailing Duty Operations.                         XIV. Verification                                     [FR Doc. 2018–09536 Filed 5–3–18; 8:45 am]
                                             Appendix I                                              XV. Conclusion                                        BILLING CODE 3510–13–P
                                                                                                     [FR Doc. 2018–09516 Filed 5–3–18; 8:45 am]
                                             Scope of the Investigation
                                                                                                     BILLING CODE 3510–DS–P
                                               The merchandise covered by this                                                                             DEPARTMENT OF COMMERCE
                                             investigation is polyethylene terephthalate
                                             (PET) resin having an intrinsic viscosity of at         DEPARTMENT OF COMMERCE                                National Oceanic and Atmospheric
                                             least 70, but not more than 88, milliliters per                                                               Administration
                                             gram (0.70 to 0.88 deciliters per gram). The
                                                                                                     Submission for OMB Review;
                                             scope includes blends of virgin PET resin
                                             and recycled PET resin containing 50 percent            Comment Request                                       RIN 0648–XF800
                                             or more virgin PET resin content by weight,               The Department of Commerce will
                                             provided such blends meet the intrinsic                                                                       Takes of Marine Mammals Incidental to
                                             viscosity requirements above. The scope
                                                                                                     submit to the Office of Management and                Specified Activities; Taking Marine
                                             includes all PET resin meeting the above                Budget (OMB) for clearance the                        Mammals Incidental to Confined
                                             specifications regardless of additives                  following proposal for collection of                  Blasting Operations in the East
                                             introduced in the manufacturing process.                information under the provisions of the               Channel by the U.S. Army Corps of
                                               The scope excludes PET-glycol resin, also             Paperwork Reduction Act.                              Engineers During the Tampa Harbor
                                             referred to as PETG. PET-glycol resins are                Agency: National Institute of                       Big Bend Channel Expansion Project
                                             manufactured by replacing a portion of the              Standards and Technology (NIST).
                                             raw material input monoethylene glycol                                                                        in Tampa Harbor, Tampa, Florida
                                                                                                       Title: NIST Generic Request for
                                             (MEG) with one of five glycol modifiers:                Customer Service–Related Data
                                             Cyclohexanedimethanol (CHDM), diethylene
                                                                                                                                                           AGENCY:  National Marine Fisheries
                                             glycol (DEG), neopentyl glycol (NPG),
                                                                                                     Collections.                                          Service (NMFS), National Oceanic and
                                             isosorbide, or spiro glycol. Specifically,                OMB Control Number: 0693–0031.                      Atmospheric Administration (NOAA),
                                             excluded PET-glycol resins must contain a                 Form Number(s): None.                               Commerce.
                                             minimum of 10 percent, by weight, of CHDM,                Type of Request: Revision of an                     ACTION: Notice; issuance of Incidental
                                             DEG, NPG, isosorbide or spiro glycol, or                approved request.                                     Harassment Authorization (IHA).
                                             some combination of these glycol modifiers.               Number of Respondents: 120,000.
                                             Unlike subject PET resin, PET-glycol resins               Average Hours per Response: Less                    SUMMARY:    In accordance with the
                                             are amorphous resins that are not solid-stated          than 2 minutes for a response card; 2
                                             and cannot be crystallized or recycled.                                                                       regulations implementing the Marine
                                                                                                     hours for focus group participation. The              Mammal Protection Act (MMPA), as
                                               The merchandise subject to this
                                             investigation is properly classified under              average estimated response time is                    amended, notification is hereby given
                                             subheadings 3907.61.0000 and 3907.69.0000               expected to be 10 minutes.                            that NMFS has issued an incidental
                                             of the Harmonized Tariff Schedule of the                  Burden Hours: 15,000.                               harassment authorization (IHA) to the
                                             United States (HTSUS). Although the HTSUS                 Needs and Uses: NIST conducts                       U.S. Army Corps of Engineers,
                                             subheadings are provided for convenience                surveys, focus groups, and other                      Jacksonville District, (USACE) for
                                             and customs purposes, the written                       customer satisfaction/service data                    authorization to take one species of
                                             description of the merchandise covered by               collections. The collected information is             marine mammal incidental to confined
                                             this investigation is dispositive.                      needed and will be used to determine                  blasting in the East Channel of the Big
                                             Appendix II                                             the kind and the quality of products,                 Bend Channel in Tampa Harbor, Tampa,
                                                                                                     services, and information our key                     Florida.
                                             List of Topics Discussed in the Preliminary
                                             Decision Memorandum
                                                                                                     customers want and expect, as well as                 DATES: The IHA will be valid from April
                                                                                                     their satisfaction with and awareness or              1, 2019 through March 31, 2020.
                                             I. Summary                                              existing products, services, and
                                             II. Background                                                                                                FOR FURTHER INFORMATION CONTACT: Dale
                                             III. Period of Investigation
                                                                                                     information.
                                                                                                       Affected Public: Business or other for-             Youngkin, Office of Protected
                                             IV. Postponement of Final Determination and                                                                   Resources, NMFS, (301) 427–8401.
                                                   Extension of Provisional Measures                 profit organizations, individuals or
                                             V. Scope Comments                                       households, not-for-profit institutions.              Electronic copies of the IHA and
                                             VI. Affiliation                                           Frequency: On occasion.                             supporting documents, as well as a list
                                             VII. Discussion of the Methodology                        Respondent’s Obligation: Voluntary,                 of the references cited in this document,
                                                A. Determination of the Comparison                   providing the requested information is                may be obtained online at:
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                                                   Method                                            necessary to obtain accurate information              www.fisheries.noaa.gov/national/
                                                B. Results of the Differential Pricing               regarding customer satisfaction with                  marine-mammal-protection/incidental-
                                                   Analysis                                                                                                take-authorizations-construction-
                                             VIII. Date of Sale
                                                                                                     NIST products, services and
                                                                                                     information.                                          activities. In case of problems accessing
                                             IX. Product Comparisons                                                                                       these documents, please call the contact
                                             X. Export Price and Constructed Export Price              This information collection request
                                             XI. Duty Drawback                                       may be viewed at reginfo.gov. Follow                  listed above.
                                                A. Duty Exemption Drawback                           the instructions to view Department of                SUPPLEMENTARY INFORMATION:



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Document Created: 2018-11-02 09:52:19
Document Modified: 2018-11-02 09:52:19
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.
ContactElfi Blum-Page or Kathryn Wallace, 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) 482-0197 or (202) 482-6251, respectively.
FR Citation83 FR 19699 

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