83_FR_48470 83 FR 48285 - Polyethylene Terephthalate Resin From Brazil: Final Determination of Sales at Less Than Fair Value

83 FR 48285 - Polyethylene Terephthalate Resin From Brazil: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range48285-48287
FR Document2018-20719

The Department of Commerce (Commerce) determines that imports of polyethylene terephthalate (PET) resin from Brazil 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 48285-48287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-852]


Polyethylene Terephthalate Resin From Brazil: 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 Brazil 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: Kathryn Wallace or Elfi Blum, 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) 482-6251 or (202) 482-0197, 
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 Brazil.\1\ Commerce invited comments 
from interested parties on the Preliminary

[[Page 48286]]

Determination.\2\ The petitioners \3\ and M&G Polimeros Brasil, S.A. 
(MGP Brasil) filed case and rebuttal briefs.\4\ A 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 Brazil: 
Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 19699 (May 4, 2018) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id. at 19700; see also Memorandum, ``Case Brief Deadline 
Extension for the Antidumping Duty Investigation of Polyethylene 
Terephthalate Resin from Brazil,'' dated July 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' Case Brief, ``Polyethylene Terephthalate 
Resin from Brazil: Petitioners' Case Brief on MGP Brazil,'' dated 
June 12, 2018 (Petitioners' Case Brief); see also MGP Brasil's Case 
Brief,: Polyethylene Terephthalate (PET) Resin from Brazil: Case 
Brief,'' dated July 12, 2018 (MGP Brasil Case Brief); see also 
Petitioners' Rebuttal Brief, ``Polyethylene Terephthalate Resin from 
Brazil: Petitioners' Rebuttal Brief on MGP Brasil,'' dated July 17, 
2018 (Petitioners' Rebuttal Brief); see also MGP Brasil's Rebuttal 
Brief, Polyethylene Terephthalate (PET) Resin from Brazil: MGP 
Brasil's Rebuttal Brief,'' dated July 17, 2018 (MGP Brasil Rebuttal 
Brief).
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Polyethylene Terephthalate Resin from Brazil,'' 
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 Brazil. 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 the cost and 
sales verifications for MGP Brasil in Sao Paulo, Brazil, and Houston, 
Texas, between May 14, 2018, and June 8, 2018. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondents.

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 Companhia Integrada Textil de Pernambuco, 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 estimated weighted-
average dumping margin for MGP Brasil and based Textil de Pernambuco's 
rate entirely on facts otherwise available. Accordingly, the all-others 
rate in this investigation is the weighted-average dumping margin 
calculated for MGP Brasil.

Final Determination Margins

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Companhia Integrada Textil de Pernambuco.....................     275.89
M&G Polimeros Brasil, S.A....................................      29.68
All-Others...................................................      29.68
------------------------------------------------------------------------

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 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 
Brazil, 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

[[Page 48287]]

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 Brazil 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 MGP Brasil's Unverified Bank Charges Should 
Result in the Application of Adverse Facts Available.
    Comment 2: Whether Commerce Should Modify the Conversions Used 
for MGP Brasil's Packing Expenses.
    Comment 3: Whether Commerce Should Make Adjustments Based on the 
Cost Verification Findings.
    Comment 4: Whether Commerce Should Include Certain Investment 
Expenses in MGP Brasil's Financial Expenses.
VII. Recommendation

[FR Doc. 2018-20719 Filed 9-21-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                        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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                                              48286                      Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices

                                              Determination.2 The petitioners 3 and                   Verification                                          Final Determination Margins
                                              M&G Polimeros Brasil, S.A. (MGP                                                                                 Commerce determines that the
                                              Brasil) filed case and rebuttal briefs.4 A                As provided in section 782(i) of the
                                                                                                      Act, we conducted the cost and sales                  following estimated weighted-average
                                              summary of the events that occurred                                                                           dumping margins exist:
                                              since Commerce published the                            verifications for MGP Brasil in Sao
                                              Preliminary Determination, as well as a                 Paulo, Brazil, and Houston, Texas,
                                                                                                                                                                                                                Estimated
                                              full discussion of the issues raised by                 between May 14, 2018, and June 8,                                                                         weighted-
                                              interested parties for this final                       2018. We used standard verification                                                                        average
                                                                                                                                                                       Exporter/producer
                                              determination, may be found in the                      procedures, including an examination of                                                                   dumping
                                                                                                      relevant accounting and production                                                                          margin
                                              Issues and Decision Memorandum.5 The                                                                                                                              (percent)
                                              Issues and Decision Memorandum is a                     records, and original source documents
                                              public document and is on file                          provided by the respondents.                          Companhia Integrada Textil de
                                              electronically via Enforcement and                      Analysis of Comments Received                           Pernambuco ..............................           275.89
                                              Compliance’s Antidumping and                                                                                  M&G Polimeros Brasil, S.A ..........                   29.68
                                                                                                        All issues raised in the case and                   All-Others ......................................      29.68
                                              Countervailing Duty Centralized
                                              Electronic Service System (ACCESS).                     rebuttal briefs by parties in this
                                              ACCESS is available to registered users                 investigation are addressed in the Issues             Disclosure
                                              at http://access.trade.gov, and it is                   and Decision Memorandum, which is                       We will disclose to interested parties
                                              available to all parties in the Central                 hereby adopted by this notice. A list of              the calculations performed in this final
                                              Records Unit, room B8024 of the main                    the issues raised is attached to this                 determination within five days of any
                                              Commerce building. In addition, a                       notice as Appendix II.                                public announcement of this notice in
                                              complete version of the Issues and                      Use of Facts Otherwise Available and                  accordance with 19 CFR 351.224(b).
                                              Decision Memorandum can be accessed                     Adverse Inferences                                    Continuation of Suspension of
                                              directly at http://enforcement.trade.gov/                                                                     Liquidation
                                              frn/. The signed and electronic versions                  For purposes of this final
                                              of the Issues and Decision                              determination, Commerce relied, on                       In accordance with section
                                              Memorandum are identical in content.                    facts otherwise available with adverse                735(c)(1)(B) of the Act, Commerce will
                                                                                                      inferences when calculating the margin                instruct U.S. Customs and Border
                                              Scope of the Investigation                              for Companhia Integrada Textil de                     Protection (CBP) to continue to suspend
                                                                                                      Pernambuco, pursuant to sections                      liquidation of all appropriate entries of
                                                The product covered by this
                                                                                                      776(a)(2)(A)–(C) and 776(b) of the Act.               PET resin from Brazil, as described in
                                              investigation is polyethylene
                                                                                                      For further information regarding the                 Appendix I of this notice, which were
                                              terephthalate resin from Brazil.
                                                                                                      use of facts available with adverse                   entered, or withdrawn from warehouse,
                                              Commerce did not receive any scope
                                                                                                      inferences, see the Issues and Decision               for consumption on or after May 4,
                                              comments subsequent to the
                                                                                                      Memorandum.                                           2018, the date of publication of the
                                              Preliminary Determination and,
                                                                                                                                                            Preliminary Determination.
                                              therefore, the scope has not been                       Changes Since the Preliminary                            Furthermore, pursuant to section
                                              updated since the Preliminary                           Determination                                         735(c)(1)(B)(ii) of the Act and 19 CFR
                                              Determination. For a complete                                                                                 351.210(d), Commerce will instruct CBP
                                              description of the scope of this                           Based on our analysis of the
                                                                                                                                                            to require a cash deposit for such entries
                                              investigation, see Appendix I.                          comments received and our findings at
                                                                                                                                                            of merchandise equal to the estimated
                                                                                                      verification, we made certain changes to
                                              Period of Investigation                                                                                       weighted-average dumping margin, as
                                                                                                      the margin calculations. For a
                                                                                                                                                            follows: (1) The cash deposit rate for the
                                                The period of investigation is July 1,                discussion of these changes, see the
                                                                                                                                                            respondents listed above will be equal
                                              2016, through June 30, 2017.                            Issues and Decision Memorandum.
                                                                                                                                                            to the respondent-specific estimated
                                                                                                      All-Others Rate                                       weighted-average dumping margin
                                                2 Id. at 19700; see also Memorandum, ‘‘Case Brief                                                           determined in this final determination;
                                              Deadline Extension for the Antidumping Duty               Section 735(c)(5)(A) of the Act                     (2) if the exporter is not a respondent
                                              Investigation of Polyethylene Terephthalate Resin       provides that Commerce shall determine                identified above but the producer is,
                                              from Brazil,’’ dated July 10, 2018.                     an estimated all-others rate for all
                                                 3 DAK Americas, LLC Indorama Ventures USA,                                                                 then the cash deposit rate will be equal
                                              Ind., M&G Polymers USA, LLC, and Nan Ya Plastics
                                                                                                      exporters and producers not                           to the respondent-specific estimated
                                              Corporation, America (collectively, the petitioners).   individually examined. This rate shall                weighted-average dumping margin
                                                 4 See Petitioners’ Case Brief, ‘‘Polyethylene        be an amount equal to the weighted                    established for that producer of the
                                              Terephthalate Resin from Brazil: Petitioners’ Case      average of the estimated weighted-                    subject merchandise; and (3) the cash
                                              Brief on MGP Brazil,’’ dated June 12, 2018              average dumping margins established
                                              (Petitioners’ Case Brief); see also MGP Brasil’s Case                                                         deposit rate for all other producers and
                                              Brief,: Polyethylene Terephthalate (PET) Resin from     for exporters and producers                           exporters will be equal to the all-others
                                              Brazil: Case Brief,’’ dated July 12, 2018 (MGP Brasil   individually investigated, excluding any              estimated weighted-average dumping
                                              Case Brief); see also Petitioners’ Rebuttal Brief,      zero and de minimis margins, and any                  margin.
                                              ‘‘Polyethylene Terephthalate Resin from Brazil:         margins determined entirely under
                                              Petitioners’ Rebuttal Brief on MGP Brasil,’’ dated                                                            International Trade Commission
                                              July 17, 2018 (Petitioners’ Rebuttal Brief); see also   section 776 of the Act.
                                              MGP Brasil’s Rebuttal Brief, Polyethylene                 In this investigation, Commerce                     Notification
                                              Terephthalate (PET) Resin from Brazil: MGP Brasil’s     calculated an estimated weighted-                        In accordance with section 735(d) of
amozie on DSK3GDR082PROD with NOTICES1




                                              Rebuttal Brief,’’ dated July 17, 2018 (MGP Brasil
                                              Rebuttal Brief).                                        average dumping margin for MGP Brasil                 the Act, we will notify the U.S.
                                                 5 See Memorandum, ‘‘Issues and Decision              and based Textil de Pernambuco’s rate                 International Trade Commission (ITC) of
                                              Memorandum for the Final Affirmative                    entirely on facts otherwise available.                the final affirmative determination of
                                              Determination in the Less-Than-Fair-Value               Accordingly, the all-others rate in this              sales at LTFV. Because the final
                                              Investigation of Polyethylene Terephthalate Resin
                                              from Brazil,’’ dated concurrently with, and hereby
                                                                                                      investigation is the weighted-average                 determination in this proceeding is
                                              adopted by, this notice (Issues and Decision            dumping margin calculated for MGP                     affirmative, in accordance with section
                                              Memorandum).                                            Brasil.                                               735(b)(2)(B) of the Act, the ITC will


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                                                                        Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices                                                      48287

                                              make its final determination as to                      raw material input monoethylene glycol                DATES: Applicable September 24, 2018.
                                              whether the domestic industry in the                    (MEG) with one of five glycol modifiers:              FOR FURTHER INFORMATION CONTACT:    Jun
                                              United States is materially injured, or                 cyclohexanedimethanol (CHDM), diethylene
                                                                                                      glycol (DEG), neopentyl glycol (NPG),
                                                                                                                                                            Jack Zhao or Alexander Cipolla, AD/
                                              threatened with material injury, by                     isosorbide, or spiro glycol. Specifically,            CVD Operations, Office VII,
                                              reason of imports of PET resin from                     excluded PET-glycol resins must contain a             Enforcement and Compliance,
                                              Brazil no later than 45 days after our                  minimum of 10 percent, by weight, of CHDM,            International Trade Administration,
                                              final determination. If the ITC                         DEG, NPG, isosorbide or spiro glycol, or              U.S. Department of Commerce, 1401
                                              determines that material injury or threat               some combination of these glycol modifiers.           Constitution Avenue NW, Washington,
                                              of material injury does not exist, the                  Unlike subject PET resin, PET-glycol resins           DC 20230; telephone: (202) 482–1396 or
                                              proceeding will be terminated and all                   are amorphous resins that are not solid-stated        (202) 482–4956, respectively.
                                              cash deposits will be refunded. If the                  and cannot be crystallized or recycled.
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                        The merchandise subject to this
                                              ITC determines that such injury does                    investigation is properly classified under
                                              exist, Commerce will issue an                                                                                 Background
                                                                                                      subheadings 3907.61.0000 and 3907.69.0000
                                              antidumping duty order directing CBP                    of the Harmonized Tariff Schedule of the                 On May 4, 2018, Commerce published
                                              to assess, upon further instruction by                  United States (HTSUS). Although the HTSUS             in the Federal Register the preliminary
                                              Commerce, antidumping duties on all                     subheadings are provided for convenience              affirmative determination of sales at
                                              imports of the subject merchandise                      and customs purposes, the written                     LTFV in the antidumping duty (AD)
                                              entered, or withdrawn from warehouse,                   description of the merchandise covered by             investigation of PET resin from
                                              for consumption on or after the effective               this investigation is dispositive.                    Taiwan.1 Commerce invited comments
                                              date of the suspension of liquidation, as               Appendix II                                           from interested parties on the
                                              discussed above in the ‘‘Continuation of                                                                      Preliminary Determination.2 The
                                                                                                      List of Topics Discussed in the Issues and            petitioners,3 Far Eastern,4 and Shinkong
                                              Suspension of Liquidation’’ section.
                                                                                                      Decision Memorandum
                                                                                                                                                            Synthetic Fibers Corporation (Shinkong)
                                              Notification Regarding Administrative                   I. Summary                                            filed case and rebuttal briefs.5 A
                                              Protective Orders                                       II. Background                                        summary of the events that occurred
                                                This notice will serve as the only                    III. Scope of the Investigation
                                                                                                                                                            since Commerce published the
                                                                                                      IV. Changes Since the Preliminary
                                              reminder to parties, subject to                               Determination                                   Preliminary Determination, as well as a
                                              administrative protective order (APO),                  V. Use of Facts Otherwise Available and               full discussion of the issues raised by
                                              of their responsibility concerning the                        Adverse Inferences
                                              destruction of proprietary information                  VI. Discussion of the Issues                             1 See Polyethylene Terephthalate Resin from

                                              disclosed under APO in accordance                          Comment 1: Whether MGP Brasil’s                    Taiwan: Preliminary Determination of Sales at Less
                                                                                                            Unverified Bank Charges Should Result           Than Fair Value, Postponement of Final
                                              with 19 CFR 351.305(a)(3). Timely                                                                             Determination, and Extension of Provisional
                                              written notification of return/                               in the Application of Adverse Facts             Measures, 83 FR 19696 (May 4, 2018) (Preliminary
                                              destruction or APO materials or                               Available.                                      Determination) and accompanying Preliminary
                                                                                                         Comment 2: Whether Commerce Should                 Decision Memorandum (PDM).
                                              conversion to judicial protective order is                    Modify the Conversions Used for MGP                2 Id. at 19698; see also Memorandum,
                                              hereby requested. Failure to comply                           Brasil’s Packing Expenses.                      ‘‘Antidumping Duty Investigation of Polyethylene
                                              with the regulations and the terms of an                   Comment 3: Whether Commerce Should                 Terephthalate (PET) Resin from Taiwan: Briefing
                                              APO is a sanctionable violation.                              Make Adjustments Based on the Cost              Schedule for the Final Determination,’’ dated
                                                                                                            Verification Findings.                          August 1, 2018.
                                              Notification to Interested Parties                         Comment 4: Whether Commerce Should                    3 DAK Americas, LLC Indorama Ventures USA,

                                                                                                                                                            Ind., M&G Polymers USA, LLC, and Nan Ya Plastics
                                                We are issuing and publishing this                          Include Certain Investment Expenses in
                                                                                                                                                            Corporation, America (collectively, the petitioners).
                                              determination and notice in accordance                        MGP Brasil’s Financial Expenses.                   4 Far Eastern New Century Corporation (FENC),
                                              with sections 735(d) and 777(i) of the                  VII. Recommendation                                   Far Eastern Textile Ltd. (FETL), and Worldwide
                                              Act and 19 CFR 351.210(c).                              [FR Doc. 2018–20719 Filed 9–21–18; 8:45 am]           Polychem (HK), Ltd. (WWP) (collectively, Far
                                                                                                                                                            Eastern).
                                                Dated: September 17, 2018.                            BILLING CODE 3510–DS–P                                   5 See the petitioners’ Case Brief, ‘‘Polyethylene

                                              Gary Taverman,                                                                                                Terephthalate Resin from Taiwan: Petitioners’ Case
                                              Deputy Assistant Secretary for Antidumping                                                                    Brief Concerning Far Eastern,’’ dated August 9,
                                              and Countervailing Duty Operations,
                                                                                                      DEPARTMENT OF COMMERCE                                2018 (Petitioners’ Case Brief re Far Eastern); see also
                                                                                                                                                            the petitioners’ Case Brief, ‘‘Polyethylene
                                              performing the non-exclusive functions and                                                                    Terephthalate Resin from Taiwan: Petitioners’ Case
                                                                                                      International Trade Administration
                                              duties of the Assistant Secretary for                                                                         Brief Concerning Shinkong Synthetic Fibers Corp.,’’
                                              Enforcement and Compliance.                             [A–583–862]                                           dated August 9, 2018 (Petitioners’ Case Brief re
                                                                                                                                                            Shinkong); see also Far Eastern’s Case Brief,
                                              Appendix I                                              Polyethylene Terephthalate Resin                      ‘‘Investigation of Polyethylene Terephthalate Resin
                                                                                                                                                            from Taiwan—Case Brief,’’ dated August 8, 2018
                                              Scope of the Investigation                              From Taiwan: Final Determination of                   (Far Eastern’s Case Brief); see also Shinkong’s Case
                                                The merchandise covered by this                       Sales at Less Than Fair Value, and                    Brief, ‘‘Polyethylene Terephthalate (PET) Resin
                                              investigation is polyethylene terephthalate             Final Affirmative Determination of                    from Taiwan: Case Brief,’’ dated August 8, 2018
                                              (PET) resin having an intrinsic viscosity of at         Critical Circumstances, in Part                       (Shinkong’s Case Brief); see also the petitioners’
                                                                                                                                                            Rebuttal Brief, ‘‘Polyethylene Terephthalate Resin
                                              least 70, but not more than 88, milliliters per                                                               from Taiwan: Petitioners’ Rebuttal Brief Concerning
                                              gram (0.70 to 0.88 deciliters per gram). The            AGENCY:   Enforcement and Compliance,
                                                                                                                                                            Far Eastern,’’ dated August 14, 2018 (Petitioners’
                                              scope includes blends of virgin PET resin               International Trade Administration,                   Rebuttal Brief re Far Eastern); see also the
                                              and recycled PET resin containing 50 percent            Department of Commerce.                               petitioners’ Rebuttal Brief, ‘‘Polyethylene
                                              or more virgin PET resin content by weight,             SUMMARY: The Department of Commerce                   Terephthalate Resin from Taiwan: Petitioners’
amozie on DSK3GDR082PROD with NOTICES1




                                              provided such blends meet the intrinsic                                                                       Rebuttal Brief Concerning Shinkong,’’ dated August
                                                                                                      (Commerce) determines that imports of                 14, 2018 (Petitioners’ Rebuttal Brief re Shinkong);
                                              viscosity requirements above. The scope
                                                                                                      polyethylene terephthalate (PET) resin                see also Far Eastern’s Rebuttal Brief, ‘‘Investigation
                                              includes all PET resin meeting the above
                                              specifications regardless of additives                  from Taiwan are being, or are likely to               of Polyethylene Terephthalate Resin from Taiwan—
                                                                                                      be, sold in the United States at less than            Rebuttal Brief,’’ dated August 14, 2018 (Far
                                              introduced in the manufacturing process.                                                                      Eastern’s Rebuttal Brief); see also Shinkong’s
                                                The scope excludes PET-glycol resin, also             fair value (LTFV), as provided in section             Rebuttal Brief, ‘‘Polyethylene Terephthalate (PET)
                                              referred to as PETG. PET-glycol resins are              735 of the Tariff Act of 1930, as                     Resin from Taiwan: Rebuttal Brief,’’ dated August
                                              manufactured by replacing a portion of the              amended (the Act).                                    14, 2018 (Shinkong’s Rebuttal Brief).



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Document Created: 2018-09-22 00:32:36
Document Modified: 2018-09-22 00:32:36
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.
ContactKathryn Wallace or Elfi Blum, 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) 482-6251 or (202) 482-0197, respectively.
FR Citation83 FR 48285 

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