83_FR_48468 83 FR 48283 - Polyethylene Terephthalate Resin From the Republic of Korea: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

83 FR 48283 - Polyethylene Terephthalate Resin From the Republic of Korea: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range48283-48285
FR Document2018-20721

The Department of Commerce (Commerce) determines that imports of polyethylene terephthalate (PET) resin from the Republic of Korea 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).

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48283-48285]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20721]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-896]


Polyethylene Terephthalate Resin From the Republic of Korea: 
Affirmative Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part

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 the Republic of Korea 
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: Sean Carey or Mark Hoadley, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3964 or (202) 482-3148, 
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 the Republic of Korea.\1\ Commerce 
invited comments from interested parties on the Preliminary 
Determination.\2\ The petitioners \3\ and SK Chemicals Co., Ltd. (SK 
Chemicals) filed case and rebuttal briefs.\4\ A

[[Page 48284]]

summary of the 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 the Republic of 
Korea: Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 19694 (May 4, 2018) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id. at 19694; see also Memorandum, ``Briefing Schedule in 
the Antidumping Duty Investigation of Polyethylene Terephthalate 
Resin from the Republic of Korea,'' dated August 10, 2018.
    \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' submission, ``Polyethylene Terephthalate 
Resin from South Korea; Petitioners' Case Brief'' dated August 17, 
2018 (Petitioners' Case Brief); also SK Chemicals' submission, 
``Polyethylene Terephthalate Resin from the Republic of Korea, Case 
Brief of SK Chemicals,'' dated August 17, 2018 (SK Chemicals' Case 
Brief); also Petitioners' submission, ``Polyethylene Terephthalate 
Resin from South Korea; Petitioners' Rebuttal Brief'' dated August 
22, 2018 (Petitioners' Rebuttal Brief); also SK Chemicals' 
submission, ``Polyethylene Terephthalate Resin from the Republic of 
Korea, Rebuttal Brief of SK Chemicals'' dated August 22, 2018 (SK 
Chemicals' Rebuttal Brief).
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Affirmative Final Determination in the Less-Than-Fair-Value 
Investigation of Polyethylene Terephthalate Resin from the Republic 
of Korea; and, Final Determination of Critical Circumstances, in 
Part,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is polyethylene 
terephthalate resin from Taiwan. Commerce did not receive any scope 
comments subsequent to the Preliminary Determination and, therefore, 
the scope has not been updated since the Preliminary Determination. For 
a complete description of the scope of this investigation, see Appendix 
I.

Period of Investigation

    The period of investigation is July 1, 2016, through June 30, 2017.

Verification

    As provided in section 782(i) of the Act, we conducted cost and 
sales verifications of mandatory respondent, SK Chemicals Co., Ltd. (SK 
Chemicals) and its wholly-owned U.S. affiliate SK Chemicals America, 
Inc. (SKCA), between May 16, 2018, and July 10, 2018. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondents.

Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, in accordance with section 
733(e)(1) of the Act and 19 CFR 351.206, Commerce found that critical 
circumstances existed for Lotte Chemical Corp. (Lotte Chemical), TK 
Chemical Corp. (TK Chemical), and ``all other'' producers or exporters 
not individually examined and found that critical circumstances did not 
exist for SK Chemicals. Commerce received no comments concerning the 
preliminary critical circumstances determination. For this final 
determination, Commerce continues to find that, in accordance with 
section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances 
exist for Lotte Chemical and TK Chemical. Moreover, for this final 
determination, we determine that critical circumstances exist for SK 
Chemicals, but do not exist for ``all other'' producers or exporters 
not individually examined.

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 Otherwise Available and Adverse Inferences

    For purposes of this final determination, Commerce relied on facts 
otherwise available with adverse inferences when calculating the margin 
for Lotte Chemical and TK Chemical, pursuant to sections 776(a)(2)(A)-
(C) and 776(b) of the Act. For further information regarding the use of 
facts available with adverse inferences, 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

    Section 735(c)(5)(A) of the Act provides 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.
    In this investigation, Commerce calculated an individual estimated 
weighted-average dumping margin for SK Chemicals, the only cooperative 
individually examined exporter/producer in this investigation with 
shipments of subject merchandise during the POI. Because the only 
individually calculated dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for SK Chemicals is the margin 
assigned to all-other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Final Determination Margins

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

------------------------------------------------------------------------
                                                               Estimated
                                                                weighted-
                                                                 average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
SK Chemicals Co., Ltd........................................       8.23
Lotte Chemical Corp., Regd...................................     101.41
TK Chemical Corp.............................................     101.41
All-Others...................................................       8.23
------------------------------------------------------------------------

Disclosure

    We will disclose to interested parties the calculations performed 
in this final determination within five days of any public announcement 
of this notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 733(e)(2) of the Act, for this final 
determination, Commerce will instruct U.S. Customs and Border 
Protection (CBP) to continue the suspension of liquidation of all 
entries of PET resin, as described in the Appendix I to this notice, 
produced or exported by Lotte Chemical and TK Chemical; and to begin 
the suspension of liquidation of all entries of PET resin, produced or 
exported by SK Chemicals, which were entered, or withdrawn from 
warehouse, for consumption on or after February 3, 2018 (90 days prior 
to the date of publication of the Preliminary Determination), because 
we find that critical circumstances exist with regard to imports 
produced or exported by Lotte Chemical, TK Chemical, and SK Chemicals.
    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. CBP to continue to suspend liquidation of all appropriate

[[Page 48285]]

entries of PET resin from Korea, 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, as follows: (1) The cash deposit rate for the 
respondents 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 from 
the Republic of Korea 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, 19 CFR 
351.206(e) 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. Final Affirmative Determination of Critical Circumstances, in 
Part
V. Changes Since the Preliminary Determination
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Make an Adjustment for 
Partial Refunds of U.S. Duties.
    Comment 2: Allocating Company-Wide Research and Development 
(R&D) Expenses to Separate Divisions
    Comment 3: Including Financial Income Gains on Derivatives and 
Long-Term Interest Income in Interest Expenses (INTEX)
    Comment 4: Reported Affiliated Input Prices
VIII. Recommendation

[FR Doc. 2018-20721 Filed 9-21-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                        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




                                         VerDate Sep<11>2014   17:40 Sep 21, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\24SEN1.SGM   24SEN1


                                              48284                     Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices

                                              summary of the events that occurred                     Final Affirmative Determination of                    zero and de minimis margins, and any
                                              since Commerce published the                            Critical Circumstances, in Part                       margins determined entirely under
                                              Preliminary Determination, as well as a                    In the Preliminary Determination, in               section 776 of the Act.
                                              full discussion of the issues raised by                 accordance with section 733(e)(1) of the                 In this investigation, Commerce
                                              interested parties for this final                       Act and 19 CFR 351.206, Commerce                      calculated an individual estimated
                                              determination, may be found in the                      found that critical circumstances existed             weighted-average dumping margin for
                                              Issues and Decision Memorandum.5 The                    for Lotte Chemical Corp. (Lotte                       SK Chemicals, the only cooperative
                                              Issues and Decision Memorandum is a                     Chemical), TK Chemical Corp. (TK                      individually examined exporter/
                                              public document and is on file                          Chemical), and ‘‘all other’’ producers or             producer in this investigation with
                                              electronically via Enforcement and                      exporters not individually examined                   shipments of subject merchandise
                                              Compliance’s Antidumping and                            and found that critical circumstances                 during the POI. Because the only
                                              Countervailing Duty Centralized                         did not exist for SK Chemicals.                       individually calculated dumping margin
                                              Electronic Service System (ACCESS).                     Commerce received no comments                         is not zero, de minimis, or based
                                              ACCESS is available to registered users                 concerning the preliminary critical                   entirely on facts otherwise available, the
                                              at http://access.trade.gov, and it is                   circumstances determination. For this                 estimated weighted-average dumping
                                              available to all parties in the Central                 final determination, Commerce                         margin calculated for SK Chemicals is
                                              Records Unit, Room B8024 of the main                    continues to find that, in accordance                 the margin assigned to all-other
                                              Commerce building. In addition, a                       with section 735(a)(3) of the Act and 19              producers and exporters, pursuant to
                                              complete version of the Issues and                      CFR 351.206, critical circumstances                   section 735(c)(5)(A) of the Act.
                                              Decision Memorandum can be accessed                     exist for Lotte Chemical and TK                       Final Determination Margins
                                              directly at http://enforcement.trade.gov/               Chemical. Moreover, for this final
                                                                                                      determination, we determine that                        Commerce determines that the
                                              frn/. The signed and electronic versions
                                                                                                      critical circumstances exist for SK                   following estimated weighted-average
                                              of the Issues and Decision
                                                                                                      Chemicals, but do not exist for ‘‘all                 dumping margins exist:
                                              Memorandum are identical in content.
                                                                                                      other’’ producers or exporters not
                                              Scope of the Investigation                                                                                                                                        Estimated
                                                                                                      individually examined.                                                                                    weighted-
                                                The product covered by this                           Analysis of Comments Received                                                                              average
                                                                                                                                                                       Exporter/producer                        dumping
                                              investigation is polyethylene                             All issues raised in the case and                                                                         margin
                                              terephthalate resin from Taiwan.                        rebuttal briefs by parties in this                                                                        (percent)
                                              Commerce did not receive any scope                      investigation are addressed in the Issues
                                              comments subsequent to the                                                                                    SK Chemicals Co., Ltd .................                 8.23
                                                                                                      and Decision Memorandum, which is                     Lotte Chemical Corp., Regd .........                  101.41
                                              Preliminary Determination and,                          hereby adopted by this notice. A list of              TK Chemical Corp ........................             101.41
                                              therefore, the scope has not been                       the issues raised is attached to this                 All-Others ......................................       8.23
                                              updated since the Preliminary                           notice as Appendix II.
                                              Determination. For a complete                                                                                 Disclosure
                                              description of the scope of this                        Use of Facts Otherwise Available and
                                              investigation, see Appendix I.                          Adverse Inferences                                      We will disclose to interested parties
                                                                                                        For purposes of this final                          the calculations performed in this final
                                              Period of Investigation                                 determination, Commerce relied on                     determination within five days of any
                                                                                                      facts otherwise available with adverse                public announcement of this notice in
                                                The period of investigation is July 1,                                                                      accordance with 19 CFR 351.224(b).
                                              2016, through June 30, 2017.                            inferences when calculating the margin
                                                                                                      for Lotte Chemical and TK Chemical,                   Continuation of Suspension of
                                              Verification                                            pursuant to sections 776(a)(2)(A)–(C)                 Liquidation
                                                                                                      and 776(b) of the Act. For further
                                                As provided in section 782(i) of the                  information regarding the use of facts                  In accordance with section 733(e)(2)
                                              Act, we conducted cost and sales                        available with adverse inferences, see                of the Act, for this final determination,
                                              verifications of mandatory respondent,                  the Issues and Decision Memorandum.                   Commerce will instruct U.S. Customs
                                              SK Chemicals Co., Ltd. (SK Chemicals)                                                                         and Border Protection (CBP) to continue
                                              and its wholly-owned U.S. affiliate SK                  Changes Since the Preliminary                         the suspension of liquidation of all
                                              Chemicals America, Inc. (SKCA),                         Determination                                         entries of PET resin, as described in the
                                              between May 16, 2018, and July 10,                         Based on our analysis of the                       Appendix I to this notice, produced or
                                              2018. We used standard verification                     comments received and our findings at                 exported by Lotte Chemical and TK
                                              procedures, including an examination of                 verification, we made certain changes to              Chemical; and to begin the suspension
                                              relevant accounting and production                      the margin calculations. For a                        of liquidation of all entries of PET resin,
                                              records, and original source documents                  discussion of these changes, see the                  produced or exported by SK Chemicals,
                                              provided by the respondents.                            Issues and Decision Memorandum.                       which were entered, or withdrawn from
                                                                                                                                                            warehouse, for consumption on or after
                                                                                                      All-Others Rate                                       February 3, 2018 (90 days prior to the
                                              Rebuttal Brief); also SK Chemicals’ submission,
                                              ‘‘Polyethylene Terephthalate Resin from the               Section 735(c)(5)(A) of the Act                     date of publication of the Preliminary
                                              Republic of Korea, Rebuttal Brief of SK Chemicals’’     provides that Commerce shall determine                Determination), because we find that
                                              dated August 22, 2018 (SK Chemicals’ Rebuttal           an estimated all-others rate for all                  critical circumstances exist with regard
amozie on DSK3GDR082PROD with NOTICES1




                                              Brief).
                                                 5 See Memorandum, ‘‘Issues and Decision              exporters and producers not                           to imports produced or exported by
                                              Memorandum for the Affirmative Final                    individually examined. This rate shall                Lotte Chemical, TK Chemical, and SK
                                              Determination in the Less-Than-Fair-Value               be an amount equal to the weighted                    Chemicals.
                                              Investigation of Polyethylene Terephthalate Resin       average of the estimated weighted-                      In accordance with section
                                              from the Republic of Korea; and, Final
                                              Determination of Critical Circumstances, in Part,’’
                                                                                                      average dumping margins established                   735(c)(1)(B) of the Act, Commerce will
                                              dated concurrently with, and hereby adopted by,         for exporters and producers                           instruct U.S. CBP to continue to
                                              this notice (Issues and Decision Memorandum).           individually investigated, excluding any              suspend liquidation of all appropriate


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                                                                        Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices                                                    48285

                                              entries of PET resin from Korea, as                     disclosed under APO in accordance                     VI. Use of Facts Otherwise Available and
                                              described in Appendix I of this notice,                 with 19 CFR 351.305(a)(3). Timely                          Adverse Inferences
                                              which were entered, or withdrawn from                   written notification of return/                       VII. Discussion of the Issues
                                              warehouse, for consumption on or after                  destruction or APO materials or                         Comment 1: Whether Commerce Should
                                              May 4, 2018, the date of publication of                 conversion to judicial protective order is                 Make an Adjustment for Partial Refunds
                                                                                                                                                                 of U.S. Duties.
                                              the Preliminary Determination.                          hereby requested. Failure to comply
                                                Furthermore, pursuant to section                                                                              Comment 2: Allocating Company-Wide
                                                                                                      with the regulations and the terms of an                   Research and Development (R&D)
                                              735(c)(1)(B)(ii) of the Act and 19 CFR                  APO is a sanctionable violation.                           Expenses to Separate Divisions
                                              351.210(d), Commerce will instruct CBP                                                                          Comment 3: Including Financial Income
                                              to require a cash deposit for such entries              Notification to Interested Parties
                                                                                                                                                                 Gains on Derivatives and Long-Term
                                              of merchandise equal to the estimated                     We are issuing and publishing this                       Interest Income in Interest Expenses
                                              weighted-average dumping margin, as                     determination and notice in accordance                     (INTEX)
                                              follows: (1) The cash deposit rate for the              with sections 735(d) and 777(i) of the                  Comment 4: Reported Affiliated Input
                                              respondents listed above will be equal                  Act, 19 CFR 351.206(e) and 19 CFR                          Prices
                                              to the respondent-specific estimated                    351.210(c).                                           VIII. Recommendation
                                              weighted-average dumping margin                           Dated: September 17, 2018.                          [FR Doc. 2018–20721 Filed 9–21–18; 8:45 am]
                                              determined in this final determination;                 Gary Taverman,                                        BILLING CODE 3510–DS–P
                                              (2) if the exporter is not a respondent
                                                                                                      Deputy Assistant Secretary for Antidumping
                                              identified above but the producer is,                   and Countervailing Duty Operations,
                                              then the cash deposit rate will be equal                performing the non-exclusive functions and            DEPARTMENT OF COMMERCE
                                              to the respondent-specific estimated                    duties of the Assistant Secretary for
                                              weighted-average dumping margin                         Enforcement and Compliance.                           International Trade Administration
                                              established for that producer of the
                                              subject merchandise; and (3) the cash                   Appendix I
                                                                                                                                                            [A–351–852]
                                              deposit rate for all other producers and                Scope of the Investigation
                                              exporters will be equal to the all-others                 The merchandise covered by this                     Polyethylene Terephthalate Resin
                                              estimated weighted-average dumping                      investigation is polyethylene terephthalate           From Brazil: Final Determination of
                                              margin.                                                 (PET) resin having an intrinsic viscosity of at       Sales at Less Than Fair Value
                                                                                                      least 70, but not more than 88, milliliters per
                                              International Trade Commission                          gram (0.70 to 0.88 deciliters per gram). The
                                              Notification                                                                                                  AGENCY:  Enforcement and Compliance,
                                                                                                      scope includes blends of virgin PET resin
                                                                                                      and recycled PET resin containing 50 percent
                                                                                                                                                            International Trade Administration,
                                                 In accordance with section 735(d) of                                                                       Department of Commerce.
                                              the Act, we will notify the U.S.                        or more virgin PET resin content by weight,
                                                                                                      provided such blends meet the intrinsic               SUMMARY:    The Department of Commerce
                                              International Trade Commission (ITC) of                 viscosity requirements above. The scope
                                              the final affirmative determination of                  includes all PET resin meeting the above
                                                                                                                                                            (Commerce) determines that imports of
                                              sales at LTFV. Because the final                        specifications regardless of additives                polyethylene terephthalate (PET) resin
                                              determination in this proceeding is                     introduced in the manufacturing process.              from Brazil are being sold in the United
                                              affirmative, in accordance with section                   The scope excludes PET-glycol resin, also           States at less than fair value (LTFV), as
                                              735(b)(2)(B) of the Act, the ITC will                   referred to as PETG. PET-glycol resins are            provided in section 735 of the Tariff Act
                                              make its final determination as to                      manufactured by replacing a portion of the            of 1930, as amended (the Act).
                                              whether the domestic industry in the                    raw material input monoethylene glycol
                                                                                                      (MEG) with one of five glycol modifiers:              DATES:   Applicable September 24, 2018.
                                              United States is materially injured, or
                                                                                                      Cyclohexanedimethanol (CHDM), diethylene
                                              threatened with material injury, by                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                      glycol (DEG), neopentyl glycol (NPG),
                                              reason of imports of PET resin from the                 isosorbide, or spiro glycol. Specifically,            Kathryn Wallace or Elfi Blum, AD/CVD
                                              Republic of Korea no later than 45 days                 excluded PET-glycol resins must contain a             Operations, Office VII, Enforcement and
                                              after our final determination. If the ITC               minimum of 10 percent, by weight, of CHDM,            Compliance, International Trade
                                              determines that material injury or threat               DEG, NPG, isosorbide or spiro glycol, or              Administration, U.S. Department of
                                              of material injury does not exist, the                  some combination of these glycol modifiers.           Commerce, 1401 Constitution Avenue
                                              proceeding will be terminated and all                   Unlike subject PET resin, PET-glycol resins           NW, Washington, DC 20230; telephone:
                                                                                                      are amorphous resins that are not solid-stated        (202) 482–6251 or (202) 482–0197,
                                              cash deposits will be refunded. If the
                                                                                                      and cannot be crystallized or recycled.
                                              ITC determines that such injury does                      The merchandise subject to this
                                                                                                                                                            respectively.
                                              exist, Commerce will issue an                           investigation is properly classified under
                                              antidumping duty order directing CBP                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                      subheadings 3907.61.0000 and 3907.69.0000
                                              to assess, upon further instruction by                  of the Harmonized Tariff Schedule of the              Background
                                              Commerce, antidumping duties on all                     United States (HTSUS). Although the HTSUS
                                              imports of the subject merchandise                      subheadings are provided for convenience                On May 4, 2018, Commerce published
                                              entered, or withdrawn from warehouse,                   and customs purposes, the written                     in the Federal Register the preliminary
                                                                                                      description of the merchandise covered by             determination of sales at LTFV in the
                                              for consumption on or after the effective
                                                                                                      this investigation is dispositive.
                                              date of the suspension of liquidation, as                                                                     antidumping duty (AD) investigation of
                                              discussed above in the ‘‘Continuation of                Appendix II                                           PET resin from Brazil.1 Commerce
                                              Suspension of Liquidation’’ section.                                                                          invited comments from interested
                                                                                                      List of Topics Discussed in the Issues and
                                                                                                                                                            parties on the Preliminary
amozie on DSK3GDR082PROD with NOTICES1




                                              Notification Regarding Administrative                   Decision Memorandum
                                              Protective Orders                                       I. Summary                                              1 See Polyethylene Terephthalate Resin from
                                                                                                      II. Background
                                                This notice will serve as the only                    III. Scope of the Investigation
                                                                                                                                                            Brazil: Preliminary Determination of Sales at Less
                                              reminder to parties, subject to                                                                               Than Fair Value, Postponement of Final
                                                                                                      IV. Final Affirmative Determination of                Determination, and Extension of Provisional
                                              administrative protective order (APO),                        Critical Circumstances, in Part                 Measures, 83 FR 19699 (May 4, 2018) (Preliminary
                                              of their responsibility concerning the                  V. Changes Since the Preliminary                      Determination) and accompanying Preliminary
                                              destruction of proprietary information                        Determination                                   Decision Memorandum (PDM).



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Document Created: 2018-09-22 00:33:09
Document Modified: 2018-09-22 00:33:09
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 September 24, 2018.
ContactSean Carey or Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3964 or (202) 482-3148, respectively.
FR Citation83 FR 48283 

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