| Page Range | 48285-48287 | |
| FR Document | 2018-20719 |
[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] ----------------------------------------------------------------------- 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
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable September 24, 2018. | |
| Contact | 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. | |
| FR Citation | 83 FR 48285 |