83 FR 48281 - Polyethylene Terephthalate Resin From Pakistan: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
International Trade Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48281-48283 | |
| FR Document | 2018-20722 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Notices] [Pages 48281-48283] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20722] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-535-905] Polyethylene Terephthalate Resin From Pakistan: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of polyethylene terephthalate (PET) resin from Pakistan are being sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). DATES: Applicable September 24, 2018. FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Lauren Caserta, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3148 or (202) 482-4737, respectively. SUPPLEMENTARY INFORMATION: Background On May 4, 2018, Commerce published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty (AD) investigation of PET resin from Pakistan.\1\ Commerce invited comments from interested parties on the Preliminary Determination.\2\ The petitioners \3\ and Novatex Limited (Novatex) filed case and rebuttal briefs.\4\ A summary of the [[Page 48282]] events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\5\ The Issues and 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 http://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Polyethylene Terephthalate Resin from Pakistan: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 19689 (May 4, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). \2\ See Memorandum, ``Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Pakistan: Schedule for Submission of Case and Rebuttal Briefs,'' dated June 14, 2018 (Case Brief Schedule); see also Memorandum, ``Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Pakistan: Revised Schedule for Submission of Case and Rebuttal Briefs,'' dated June 19, 2018 (Revised Case Brief Schedule). \3\ DAK Americas, LLC Indorama Ventures USA, Ind., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, America (collectively, the petitioners). \4\ See Petitioners' Case Brief, ``Polyethylene Terephthalate Resin from Pakistan: Petitioners' Case Brief for Novatex Limited,'' dated June 22, 2018 (Petitioners' Case Brief), and Novatex's Case Brief, ``Polyethylene Terephthalate Resin from Pakistan: Novatex's Case Brief,'' dated June 25, 2018 (Novatex's Case Brief); see also Petitioners' Rebuttal Brief, ``Polyethylene Terephthalate Resin from Pakistan: Petitioners' Rebuttal Brief for Novatex,'' dated July 6, 2018 (Petitioners' Rebuttal Brief) and Novatex's Rebuttal Brief, ``Polyethylene Terephthalate Resin from Pakistan: Novatex's Rebuttal Brief,'' dated July 6, 2018 (Novatex's Rebuttal Brief). \5\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Pakistan,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum (IDM)). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is polyethylene terephthalate (PET) resin from Pakistan. Commerce did not receive any scope comments subsequent to the Preliminary Determination and, therefore, the scope has not been updated since the Preliminary Determination. See the scope in Appendix I to this notice. Period of Investigation The POI is July 1, 2016, through June 30, 2017. Verification As provided in section 782(i) of the Act, we conducted the sales verification in Washington, DC, between May 7, 2018, and May 11, 2018.\6\ We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Commerce determined that the cost databases provided by Novatex were unusable and cancelled the cost verification associated with this investigation on June 13, 2018.\7\ --------------------------------------------------------------------------- \6\ In accordance with the timely travel advisory issued by the U.S. Department of State discouraging travel within Pakistan, and following consultations with U.S. Embassy personnel in Islamabad, Commerce determined that Novatex's sales verification would be held at an alternate location in Washington, DC. This determination was made after receiving confirmation from the respondent that necessary company personnel would be in attendance, sufficient physical documentation would be shipped to the alternate site, and that Commerce would be provided with adequate remote access to Novatex's electronic systems. \7\ See Commerce's Letter, ``Cancellation of Cost Verification in the Antidumping Duty Investigation of Polyethylene Terephthalate (PET) Resin from Pakistan,'' dated June 13, 2018 (Cost Verification Cancellation Letter). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. Use of Facts Available and Adverse Facts Available For purposes of this final determination, Commerce relied on facts available with adverse inferences when calculating the margin for Novatex Limited pursuant to sections 776(a)(1), 776(a)(2)(B)-(C) and 776(b) of the Act. For further information, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Sections 735(c)(1)(B)(i)(II) and 735(c)(5)(A) of the Act provide that 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. However, when the estimated weighted-average dumping margins for all exporters and producers individually investigated are zero or de minimis, or determined entirely under section 776 of the Act, Commerce shall use any reasonable method to establish the all-others rate, including averaging the estimated weighted-average dumping margins for the exporters and producers individually investigated. In this investigation, Commerce based Novatex's rate entirely on facts otherwise available. Accordingly, we will use any reasonable method to establish the estimated all-others rate. Commerce's practice, in such situations, is to base the all-others rate on an average of the petition rates.\8\ We followed that practice here. --------------------------------------------------------------------------- \8\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014), 82 FR 47697, 47698. --------------------------------------------------------------------------- Final Determination Margins Commerce determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Novatex Limited \9\......................................... 59.92 All-Others.................................................. 43.81 ------------------------------------------------------------------------ Disclosure We will disclose any calculations performed within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \9\ Commerce has determined that Novatex Limited and Gatron Industries Limited are a single entity. See Issues and Decision Memorandum. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of PET resin from Pakistan, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after May 4, 2018, the date of publication of the Preliminary Determination. Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: [[Page 48283]] (1) The cash deposit rate for the respondent listed above will be equal to the respondent-specific estimated weighted-average dumping margin determined in this final 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 respondent-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. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of PET resin no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to parties, subject to administrative protective order (APO), of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: September 17, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Use of Facts Otherwise Available and Adverse Inferences VI. Discussion of the Issues Comment 1: Whether Commerce Should Verify Novatex's Reported Costs Comment 2: Whether Commerce Should Apply Adverse Facts Available to Novatex Comment 3: Whether Commerce is Justified in Denying Novatex a Duty Drawback Adjustment in Its Final Determination VII. Recommendation [FR Doc. 2018-20722 Filed 9-21-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices 48281
fittings from Taiwan.4 Therefore, in extend the four-month period in the DEPARTMENT OF COMMERCE
accordance with section 735(c)(2) of the underlying investigation. In the
Act, we are issuing this antidumping underlying investigation, Commerce International Trade Administration
duty order. Because the ITC determined published the Preliminary [A–535–905]
that imports of forged steel fittings from Determination on May 17, 2018. Thus,
Taiwan are materially injuring a U.S. the four-month period beginning on the Polyethylene Terephthalate Resin
industry, unliquidated entries of such date of the publication of the From Pakistan: Final Determination of
merchandise from Taiwan entered, or Preliminary Determination ended on Sales at Less Than Fair Value
withdrawn from warehouse for September 13, 2018. Furthermore,
consumption, are subject to the AGENCY: Enforcement and Compliance,
section 737(b) of the Act states that
assessment of antidumping duties. International Trade Administration,
Therefore, in accordance with section definitive duties are to begin on the date
Department of Commerce.
736(a)(1) of the Act, Commerce will of publication of the ITC’s final injury
SUMMARY: The Department of Commerce
direct U.S. Customs and Border determination.
(Commerce) determines that imports of
Protection (CBP) to assess, upon further Therefore, in accordance with section polyethylene terephthalate (PET) resin
instruction by Commerce, antidumping 733(d) of the Act and our practice, we from Pakistan are being sold in the
duties equal to the amount by which the will instruct CBP to terminate the United States at less than fair value
normal value of the merchandise suspension of liquidation and to (LTFV), as provided in section 735 of
exceeds the export price (or constructed liquidate, without regard to the Tariff Act of 1930, as amended (the
export price) of the merchandise, for all antidumping duties, unliquidated Act).
relevant entries of forged steel fittings entries of forged steel fittings from DATES: Applicable September 24, 2018.
from Taiwan. Antidumping duties will Taiwan entered, or withdrawn from
be assessed on unliquidated entries of FOR FURTHER INFORMATION CONTACT:
warehouse for consumption, on or after Mark Hoadley or Lauren Caserta, AD/
forged steel fittings from Taiwan
September 14, 2018, the date the CVD Operations, Office VII,
entered, or withdrawn from warehouse
provisional measures expired, and Enforcement and Compliance,
for consumption, on or after May 17,
2018, the date of publication of the through the day preceding the date of International Trade Administration,
Preliminary Determination.5 publication of the ITC’s final injury U.S. Department of Commerce, 1401
determination in the Federal Register. Constitution Avenue NW, Washington,
Continuation of Suspension of DC 20230; telephone: (202) 482–3148 or
Liquidation Estimated Dumping Margins
(202) 482–4737, respectively.
In accordance with section Commerce determines that the SUPPLEMENTARY INFORMATION:
735(c)(1)(B) of the Act, we will instruct estimated final weighted-average
CBP to continue to suspend liquidation Background
dumping margins are as follows:
on all relevant entries of forged steel On May 4, 2018, Commerce published
fittings from Taiwan. These instructions Weighted- in the Federal Register the preliminary
suspending liquidation will remain in average determination of sales at LTFV in the
effect until further notice. Exporter/producer dumping antidumping duty (AD) investigation of
We will also instruct CBP to require margins
(percent) PET resin from Pakistan.1 Commerce
cash deposits equal to the amounts as invited comments from interested
indicated below. Accordingly, effective Both Well Steel Fittings Co., Ltd 116.17 parties on the Preliminary
on the date of publication of the ITC’s Luchu Shin Yee Works Co., Ltd 116.17 Determination.2 The petitioners 3 and
final affirmative injury determination, All-Others .................................... 116.17 Novatex Limited (Novatex) filed case
CBP will require, at the same time as and rebuttal briefs.4 A summary of the
importers would normally deposit
Notification to Interested Parties
estimated duties on this subject 1 See Polyethylene Terephthalate Resin from
merchandise, a cash deposit equal to the This notice constitutes the Pakistan: Preliminary Determination of Sales at
estimated weighted-average dumping Less Than Fair Value, Postponement of Final
antidumping duty order with respect to Determination, and Extension of Provisional
margins listed below.6 The relevant all- forged steel fittings from Taiwan Measures, 83 FR 19689 (May 4, 2018) (Preliminary
others rate applies to all producers or pursuant to section 736(a) of the Act. Determination) and accompanying Preliminary
exporters not specifically listed. Interested parties can find a list of Decision Memorandum (PDM).
2 See Memorandum, ‘‘Antidumping Duty
Provisional Measures antidumping duty orders currently in Investigation of Polyethylene Terephthalate Resin
Section 733(d) of the Act states that effect at http://enforcement.trade.gov/ from Pakistan: Schedule for Submission of Case and
stats/iastats1.html. Rebuttal Briefs,’’ dated June 14, 2018 (Case Brief
instructions issued pursuant to an Schedule); see also Memorandum, ‘‘Antidumping
affirmative preliminary determination This order is published in accordance Duty Investigation of Polyethylene Terephthalate
may not remain in effect for more than with section 736(a) of the Act and 19 Resin from Pakistan: Revised Schedule for
four months except where exporters Submission of Case and Rebuttal Briefs,’’ dated June
CFR 351.211(b). 19, 2018 (Revised Case Brief Schedule).
representing a significant proportion of
Dated: September 19, 2018. 3 DAK Americas, LLC Indorama Ventures USA,
exports of the subject merchandise Ind., M&G Polymers USA, LLC, and Nan Ya Plastics
request Commerce to extend that four- Christian Marsh, Corporation, America (collectively, the petitioners).
month period to no more than six Deputy Assistant Secretary for Enforcement 4 See Petitioners’ Case Brief, ‘‘Polyethylene
amozie on DSK3GDR082PROD with NOTICES1
months. However, Commerce did not and Compliance. Terephthalate Resin from Pakistan: Petitioners’ Case
Brief for Novatex Limited,’’ dated June 22, 2018
[FR Doc. 2018–20797 Filed 9–21–18; 8:45 am]
(Petitioners’ Case Brief), and Novatex’s Case Brief,
4 See ITC Notification. BILLING CODE 3510–DS–P ‘‘Polyethylene Terephthalate Resin from Pakistan:
5 See Forged Steel Fittings from Taiwan:
Novatex’s Case Brief,’’ dated June 25, 2018
Affirmative Preliminary Determination of Sales at (Novatex’s Case Brief); see also Petitioners’ Rebuttal
Less Than Fair Value, 83 FR 22957 (May 17, 2018) Brief, ‘‘Polyethylene Terephthalate Resin from
(Preliminary Determination). Pakistan: Petitioners’ Rebuttal Brief for Novatex,’’
6 See section 736(a)(3) of the Act. Continued
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![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices 48283
(1) The cash deposit rate for the with sections 735(d) and 777(i) of the DEPARTMENT OF COMMERCE
respondent listed above will be equal to Act and 19 CFR 351.210(c).
the respondent-specific estimated Dated: September 17, 2018. International Trade Administration
weighted-average dumping margin Gary Taverman, [A–580–896]
determined in this final determination;
Deputy Assistant Secretary for Antidumping
(2) if the exporter is not a respondent Polyethylene Terephthalate Resin
and Countervailing Duty Operations,
identified above but the producer is, performing the non-exclusive functions and From the Republic of Korea:
then the cash deposit rate will be equal duties of the Assistant Secretary for Affirmative Final Determination of
to the respondent-specific estimated Enforcement and Compliance. Sales at Less Than Fair Value and
weighted-average dumping margin Final Affirmative Determination of
established for that producer of the Appendix I
Critical Circumstances, in Part
subject merchandise; and (3) the cash Scope of the Investigation
deposit rate for all other producers and The merchandise covered by this AGENCY: Enforcement and Compliance,
exporters will be equal to the all-others investigation is polyethylene terephthalate International Trade Administration,
estimated weighted-average dumping (PET) resin having an intrinsic viscosity of at Department of Commerce.
margin. least 70, but not more than 88, milliliters per SUMMARY: The Department of Commerce
gram (0.70 to 0.88 deciliters per gram). The (Commerce) determines that imports of
International Trade Commission scope includes blends of virgin PET resin
Notification polyethylene terephthalate (PET) resin
and recycled PET resin containing 50 percent
or more virgin PET resin content by weight,
from the Republic of Korea are being
In accordance with section 735(d) of
provided such blends meet the intrinsic sold in the United States at less than fair
the Act, we will notify the U.S.
viscosity requirements above. The scope value (LTFV), as provided in section
International Trade Commission (ITC) of
includes all PET resin meeting the above 735 of the Tariff Act of 1930, as
the final affirmative determination of
specifications regardless of additives amended (the Act).
sales at LTFV. Because the final introduced in the manufacturing process.
determination in this proceeding is DATES: Applicable September 24, 2018.
The scope excludes PET-glycol resin, also
affirmative, in accordance with section referred to as PETG. PET-glycol resins are FOR FURTHER INFORMATION CONTACT:
735(b)(2)(B) of the Act, the ITC will manufactured by replacing a portion of the Sean Carey or Mark Hoadley, AD/CVD
make its final determination as to raw material input monoethylene glycol Operations, Office VII, Enforcement and
whether the domestic industry in the (MEG) with one of five glycol modifiers: Compliance, International Trade
United States is materially injured, or Cyclohexanedimethanol (CHDM), diethylene Administration, U.S. Department of
threatened with material injury, by glycol (DEG), neopentyl glycol (NPG), Commerce, 1401 Constitution Avenue
reason of imports of PET resin no later isosorbide, or spiro glycol. Specifically, NW, Washington, DC 20230; telephone:
excluded PET-glycol resins must contain a (202) 482–3964 or (202) 482–3148,
than 45 days after our final minimum of 10 percent, by weight, of CHDM,
determination. If the ITC determines DEG, NPG, isosorbide or spiro glycol, or
respectively.
that material injury or threat of material some combination of these glycol modifiers. SUPPLEMENTARY INFORMATION:
injury does not exist, the proceeding Unlike subject PET resin, PET-glycol resins
will be terminated and all cash deposits are amorphous resins that are not solid-stated Background
will be refunded. If the ITC determines and cannot be crystallized or recycled. On May 4, 2018, Commerce published
that such injury does exist, Commerce The merchandise subject to this
in the Federal Register the preliminary
will issue an antidumping duty order investigation is properly classified under
subheadings 3907.61.0000 and 3907.69.0000 determination of sales at LTFV in the
directing CBP to assess, upon further antidumping duty (AD) investigation of
of the Harmonized Tariff Schedule of the
instruction by Commerce, antidumping United States (HTSUS). Although the HTSUS PET resin from the Republic of Korea.1
duties on all imports of the subject subheadings are provided for convenience Commerce invited comments from
merchandise entered, or withdrawn and customs purposes, the written interested parties on the Preliminary
from warehouse, for consumption on or description of the merchandise covered by Determination.2 The petitioners 3 and
after the effective date of the suspension this investigation is dispositive. SK Chemicals Co., Ltd. (SK Chemicals)
of liquidation, as discussed above in the filed case and rebuttal briefs.4 A
Appendix II
‘‘Continuation of Suspension of
Liquidation’’ section. List of Topics Discussed in the Issues and 1 See Polyethylene Terephthalate Resin from the
Decision Memorandum Republic of Korea: Preliminary Determination of
Notification Regarding Administrative Sales at Less Than Fair Value, Postponement of
I. Summary
Protective Orders II. Background
Final Determination, and Extension of Provisional
Measures, 83 FR 19694 (May 4, 2018) (Preliminary
This notice will serve as the only III. Scope of the Investigation Determination) and accompanying Preliminary
reminder to parties, subject to IV. Changes Since the Preliminary Decision Memorandum (PDM).
administrative protective order (APO), Determination 2 Id. at 19694; see also Memorandum, ‘‘Briefing
of their responsibility concerning the V. Use of Facts Otherwise Available and Schedule in the Antidumping Duty Investigation of
destruction of proprietary information Adverse Inferences Polyethylene Terephthalate Resin from the
VI. Discussion of the Issues Republic of Korea,’’ dated August 10, 2018.
disclosed under APO in accordance Comment 1: Whether Commerce Should 3 DAK Americas, LLC Indorama Ventures USA,
with 19 CFR 351.305(a)(3). Timely Verify Novatex’s Reported Costs Ind., M&G Polymers USA, LLC, and Nan Ya Plastics
written notification of return/ Comment 2: Whether Commerce Should Corporation, America (collectively, the petitioners).
4 See Petitioners’ submission, ‘‘Polyethylene
destruction or APO materials or Apply Adverse Facts Available to
Terephthalate Resin from South Korea; Petitioners’
conversion to judicial protective order is Novatex
amozie on DSK3GDR082PROD with NOTICES1
Case Brief’’ dated August 17, 2018 (Petitioners’ Case
hereby requested. Failure to comply Comment 3: Whether Commerce is Brief); also SK Chemicals’ submission,
with the regulations and the terms of an Justified in Denying Novatex a Duty ‘‘Polyethylene Terephthalate Resin from the
APO is a sanctionable violation. Drawback Adjustment in Its Final Republic of Korea, Case Brief of SK Chemicals,’’
Determination dated August 17, 2018 (SK Chemicals’ Case Brief);
Notification to Interested Parties VII. Recommendation also Petitioners’ submission, ‘‘Polyethylene
Terephthalate Resin from South Korea; Petitioners’
We are issuing and publishing this [FR Doc. 2018–20722 Filed 9–21–18; 8:45 am] Rebuttal Brief’’ dated August 22, 2018 (Petitioners’
determination and notice in accordance BILLING CODE 3510–DS–P Continued
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Document Created: 2018-09-22 00:33:24
Document Modified: 2018-09-22 00:33:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable September 24, 2018. | |
| Contact | Mark Hoadley or Lauren Caserta, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3148 or (202) 482-4737, respectively. | |
| FR Citation | 83 FR 48281 |
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