83 FR 26306 - Polyethylene Terephthalate (PET) Resin From Brazil, Indonesia, Korea, Pakistan, and Taiwan; Scheduling of the Final Phase of Anti-Dumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 109 (June 6, 2018)
Federal Register Volume 83, Issue 109 (June 6, 2018)
| Page Range | 26306-26307 | |
| FR Document | 2018-12094 |
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)] [Notices] [Pages 26306-26307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12094] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1387-1391 (Final)] Polyethylene Terephthalate (PET) Resin From Brazil, Indonesia, Korea, Pakistan, and Taiwan; Scheduling of the Final Phase of Anti- Dumping Duty Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1387-1391 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of polyethylene terephthalate (PET) resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan, currently provided for in subheadings 3907.61.00 and 3907.69.00 of the Harmonized Tariff Schedule of the United States,\1\ preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less-than-fair-value. --------------------------------------------------------------------------- \1\ Prior to January 1, 2017, PET resin was provided for in subheading 3907.60.00 of the Harmonized Tariff Schedule of the United States. --------------------------------------------------------------------------- DATES: May 4, 2018. FOR FURTHER INFORMATION CONTACT: Mary Messer ((202) 205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Scope.-- For purposes of these investigations, Commerce has defined the subject merchandise as ``. . . 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.'' Background.--The final phase of these investigations is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of affirmative preliminary determinations by Commerce that imports of PET resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan are being sold in the United States at less-than- fair-value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on September 26, 2017, by DAK Americas LLC, Charlotte, NC; Indorama Ventures USA, Inc., Decatur, AL; M&G Polymers USA, LLC, Houston, TX; and Nan Ya Plastics Corporation, America Lake City, SC. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.-- Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.-- Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.--The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on August 30, 2018, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, September 13, 2018, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 7, 2018. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. [[Page 26307]] All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on September 10, 2018, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.--Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is September 6, 2018. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is September 20, 2018. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before September 20, 2018. On October 11, 2018, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before October 15, 2018, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's website at https://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: May 31, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-12094 Filed 6-5-18; 8:45 am] BILLING CODE 7020-02-P
![26306 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices
personal identifying information in your impairments who will need special rules of general application, consult the
nominations and/or comments, you assistance in gaining access to the Commission’s Rules of Practice and
should be aware that your entire Commission should contact the Office Procedure, part 201, subparts A and B
comment—including your personal of the Secretary at 202–205–2000. (19 CFR part 201), and part 207,
identifying information—may be made General information concerning the subparts A and C (19 CFR part 207).
publicly available at any time. While Commission may also be obtained by Participation in the investigations and
you can ask us in your nomination/ accessing its internet server (https:// public service list.—Persons, including
comment to withhold your personal www.usitc.gov). The public record for industrial users of the subject
identifying information from public these investigations may be viewed on merchandise and, if the merchandise is
review, we cannot guarantee that we the Commission’s electronic docket sold at the retail level, representative
will be able to do so. (EDIS) at https://edis.usitc.gov. consumer organizations, wishing to
SUPPLEMENTARY INFORMATION:
participate in the final phase of these
Authority: 5 U.S.C. Appendix 2.
Scope.— For purposes of these investigations as parties must file an
Dated: May 25, 2018. entry of appearance with the Secretary
Ryan K. Zinke,
investigations, Commerce has defined
the subject merchandise as ‘‘. . . to the Commission, as provided in
Secretary of the Interior.
polyethylene terephthalate (PET) resin section 201.11 of the Commission’s
[FR Doc. 2018–12131 Filed 6–5–18; 8:45 am]
having an intrinsic viscosity of at least rules, no later than 21 days prior to the
BILLING CODE 4332–90–P 70, but not more than 88, milliliters per hearing date specified in this notice. A
party that filed a notice of appearance
gram (0.70 to 0.88 deciliters per gram).
during the preliminary phase of the
The scope includes blends of virgin PET
INTERNATIONAL TRADE investigations need not file an
resin and recycled PET resin containing
COMMISSION additional notice of appearance during
50 percent or more virgin PET resin
this final phase. The Secretary will
[Investigation Nos. 731–TA–1387–1391 content by weight, provided such
maintain a public service list containing
(Final)] blends meet the intrinsic viscosity
the names and addresses of all persons,
requirements above. The scope includes
or their representatives, who are parties
Polyethylene Terephthalate (PET) all PET resin meeting the above
to the investigations.
Resin From Brazil, Indonesia, Korea, specifications regardless of additives Limited disclosure of business
Pakistan, and Taiwan; Scheduling of introduced in the manufacturing proprietary information (BPI) under an
the Final Phase of Anti-Dumping Duty process. The scope excludes PET-glycol administrative protective order (APO)
Investigations resin, also referred to as PETG. PET- and BPI service list.—Pursuant to
glycol resins are manufactured by section 207.7(a) of the Commission’s
AGENCY: United States International
replacing a portion of the raw material rules, the Secretary will make BPI
Trade Commission.
input monoethylene glycol (MEG) with gathered in the final phase of these
ACTION: Notice.
one of five glycol modifiers: investigations available to authorized
SUMMARY: The Commission hereby gives Cyclohexanedimethanol (CHDM), applicants under the APO issued in the
notice of the scheduling of the final diethylene glycol (DEG), neopentyl investigations, provided that the
phase of antidumping investigation Nos. glycol (NPG), isosorbide, or spiro glycol. application is made no later than 21
731–TA–1387–1391 (Final) pursuant to Specifically, excluded PET-glycol resins days prior to the hearing date specified
the Tariff Act of 1930 (‘‘the Act’’) to must contain a minimum of 10 percent, in this notice. Authorized applicants
determine whether an industry in the by weight, of CHDM, DEG, NPG, must represent interested parties, as
United States is materially injured or isosorbide or spiro glycol, or some defined by 19 U.S.C. 1677(9), who are
threatened with material injury, or the combination of these glycol modifiers. parties to the investigations. A party
establishment of an industry in the Unlike subject PET resin, PET-glycol granted access to BPI in the preliminary
United States is materially retarded, by resins are amorphous resins that are not phase of the investigations need not
reason of imports of polyethylene solid-stated and cannot be crystallized reapply for such access. A separate
terephthalate (PET) resin from Brazil, or recycled.’’ service list will be maintained by the
Indonesia, Korea, Pakistan, and Taiwan, Background.—The final phase of Secretary for those parties authorized to
currently provided for in subheadings these investigations is being scheduled, receive BPI under the APO.
3907.61.00 and 3907.69.00 of the pursuant to section 735(b) of the Tariff Staff report.—The prehearing staff
Harmonized Tariff Schedule of the Act of 1930 (19 U.S.C. 1673d(b)), as a report in the final phase of these
United States,1 preliminarily result of affirmative preliminary investigations will be placed in the
determined by the Department of determinations by Commerce that nonpublic record on August 30, 2018,
Commerce (‘‘Commerce’’) to be sold at imports of PET resin from Brazil, and a public version will be issued
less-than-fair-value. Indonesia, Korea, Pakistan, and Taiwan thereafter, pursuant to section 207.22 of
DATES: May 4, 2018. are being sold in the United States at the Commission’s rules.
less-than-fair-value within the meaning Hearing.—The Commission will hold
FOR FURTHER INFORMATION CONTACT:
of section 733 of the Act (19 U.S.C. a hearing in connection with the final
Mary Messer ((202) 205–3193), Office of
1673b). The investigations were phase of these investigations beginning
Investigations, U.S. International Trade
requested in petitions filed on at 9:30 a.m. on Thursday, September 13,
Commission, 500 E Street SW,
September 26, 2017, by DAK Americas 2018, at the U.S. International Trade
Washington, DC 20436. Hearing-
LLC, Charlotte, NC; Indorama Ventures Commission Building. Requests to
impaired persons can obtain
daltland on DSKBBV9HB2PROD with NOTICES
USA, Inc., Decatur, AL; M&G Polymers appear at the hearing should be filed in
information on this matter by contacting
USA, LLC, Houston, TX; and Nan Ya writing with the Secretary to the
the Commission’s TDD terminal on 202–
Plastics Corporation, America Lake City, Commission on or before September 7,
205–1810. Persons with mobility
SC. 2018. A nonparty who has testimony
1 Prior to January 1, 2017, PET resin was provided For further information concerning that may aid the Commission’s
for in subheading 3907.60.00 of the Harmonized the conduct of this phase of the deliberations may request permission to
Tariff Schedule of the United States. investigations, hearing procedures, and present a short statement at the hearing.
VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1](https://thefederalregister.org/doc/83_FR_26415/page/1.svg)
![Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices 26307
All parties and nonparties desiring to In accordance with sections 201.16(c) determinations in those investigations
appear at the hearing and make oral and 207.3 of the Commission’s rules, under sections 705(a) or 735(a) of the
presentations should participate in a each document filed by a party to the Act. Parties that filed entries of
prehearing conference to be held on investigations must be served on all appearance in the preliminary phase of
September 10, 2018, at the U.S. other parties to the investigations (as the investigations need not enter a
International Trade Commission identified by either the public or BPI separate appearance for the final phase
Building, if deemed necessary. Oral service list), and a certificate of service of the investigations. Industrial users,
testimony and written materials to be must be timely filed. The Secretary will and, if the merchandise under
submitted at the public hearing are not accept a document for filing without investigation is sold at the retail level,
governed by sections 201.6(b)(2), a certificate of service. representative consumer organizations
201.13(f), and 207.24 of the Authority: These investigations are being have the right to appear as parties in
Commission’s rules. Parties must submit conducted under authority of title VII of the Commission antidumping and
any request to present a portion of their Tariff Act of 1930; this notice is published countervailing duty investigations. The
hearing testimony in camera no later pursuant to section 207.21 of the Secretary will prepare a public service
than 7 business days prior to the date of Commission’s rules. list containing the names and addresses
the hearing. By order of the Commission. of all persons, or their representatives,
Written submissions.—Each party Issued: May 31, 2018. who are parties to the investigations.
who is an interested party shall submit Lisa Barton,
a prehearing brief to the Commission. Background
Secretary to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the [FR Doc. 2018–12094 Filed 6–5–18; 8:45 am] On April 17, 2018, Cambria Company
Commission’s rules; the deadline for BILLING CODE 7020–02–P LLC, Eden Prairie, Minnesota filed a
filing is September 6, 2018. Parties may petition with the Commission and
also file written testimony in connection Commerce, alleging that an industry in
INTERNATIONAL TRADE the United States is materially injured
with their presentation at the hearing, as
COMMISSION or threatened with material injury by
provided in section 207.24 of the
Commission’s rules, and posthearing [Investigation Nos. 701–TA–606 and 731– reason of LTFV and subsidized imports
briefs, which must conform with the TA–1416 (Preliminary)] of quartz surface products from China.
provisions of section 207.25 of the Accordingly, effective April 17, 2018,
Commission’s rules. The deadline for Quartz Surface Products From China the Commission, pursuant to sections
filing posthearing briefs is September 703(a) and 733(a) of the Act (19 U.S.C.
Determinations
20, 2018. In addition, any person who 1671b(a) and 1673b(a)), instituted
has not entered an appearance as a party On the basis of the record 1 developed countervailing duty investigation No.
to the investigations may submit a in the subject investigations, the United 701–TA–606 and antidumping duty
written statement of information States International Trade Commission investigation No. 731–TA–1416
pertinent to the subject of the (‘‘Commission’’) determines, pursuant (Preliminary).
investigations, including statements of to the Tariff Act of 1930 (‘‘the Act’’),
Notice of the institution of the
support or opposition to the petition, on that there is a reasonable indication that
Commission’s investigations and of a
or before September 20, 2018. On an industry in the United States is
public conference to be held in
October 11, 2018, the Commission will materially injured by reason of imports
connection therewith was given by
make available to parties all information of quartz surface products from China
posting copies of the notice in the Office
on which they have not had an that are alleged to be sold in the United
of the Secretary, U.S. International
opportunity to comment. Parties may States at less than fair value (‘‘LTFV’’)
Trade Commission, Washington, DC,
submit final comments on this and to be subsidized by the government
and by publishing the notice in the
information on or before October 15, of China.2
Federal Register of April 23, 2018 (83
2018, but such final comments must not Commencement of Final Phase FR 17675). The conference was held in
contain new factual information and Investigations Washington, DC, on May 8, 2018, and
must otherwise comply with section all persons who requested the
Pursuant to section 207.18 of the
207.30 of the Commission’s rules. All opportunity were permitted to appear in
Commission’s rules, the Commission
written submissions must conform with person or by counsel.
also gives notice of the commencement
the provisions of section 201.8 of the
of the final phase of its investigations. The Commission made these
Commission’s rules; any submissions
The Commission will issue a final phase determinations pursuant to sections
that contain BPI must also conform with
notice of scheduling, which will be 703(a) and 733(a) of the Act (19 U.S.C.
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s published in the Federal Register as 1671b(a) and 1673b(a)). It completed
rules. The Commission’s Handbook on provided in section 207.21 of the and filed its determinations in these
E-Filing, available on the Commission’s Commission’s rules, upon notice from investigations on June 1, 2018. The
website at https://edis.usitc.gov, the U.S. Department of Commerce views of the Commission are contained
elaborates upon the Commission’s rules (‘‘Commerce’’) of affirmative in USITC Publication 4794 (June 2018),
with respect to electronic filing. preliminary determinations in the entitled Quartz Surface Products from
Additional written submissions to the investigations under sections 703(b) or China: Investigation Nos. 701–TA–606
Commission, including requests 733(b) of the Act, or, if the preliminary and 731–TA–1416 (Preliminary).
daltland on DSKBBV9HB2PROD with NOTICES
pursuant to section 201.12 of the determinations are negative, upon By order of the Commission.
Commission’s rules, shall not be notice of affirmative final
Issued: June 1, 2018.
accepted unless good cause is shown for
1 The record is defined in sec. 207.2(f) of the Lisa Barton,
accepting such submissions, or unless
Commission’s Rules of Practice and Procedure (19 Secretary to the Commission.
the submission is pursuant to a specific CFR 207.2(f)).
request by a Commissioner or 2 83 FR 22612 (May 16, 2018) and 83 FR 22618 [FR Doc. 2018–12168 Filed 6–5–18; 8:45 am]
Commission staff. (May 16, 2018). BILLING CODE 7020–02–P
VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 9990 E:\FR\FM\06JNN1.SGM 06JNN1](https://thefederalregister.org/doc/83_FR_26415/page/2.svg)
Document Created: 2018-06-06 00:54:21
Document Modified: 2018-06-06 00:54:21
| 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 | |
| Action | Notice. | |
| Dates | May 4, 2018. | |
| Contact | Mary Messer ((202) 205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 83 FR 26306 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR