83 FR 48287 - Polyethylene Terephthalate Resin From Taiwan: 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)
International Trade Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48287-48289 | |
| FR Document | 2018-20723 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Notices] [Pages 48287-48289] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20723] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-862] Polyethylene Terephthalate Resin From Taiwan: 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 Taiwan are being, or are likely to be, 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: Jun Jack Zhao or Alexander Cipolla, 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) 482-1396 or (202) 482-4956, respectively. SUPPLEMENTARY INFORMATION: Background On May 4, 2018, Commerce published in the Federal Register the preliminary affirmative determination of sales at LTFV in the antidumping duty (AD) investigation of PET resin from Taiwan.\1\ Commerce invited comments from interested parties on the Preliminary Determination.\2\ The petitioners,\3\ Far Eastern,\4\ and Shinkong Synthetic Fibers Corporation (Shinkong) filed case and rebuttal briefs.\5\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by [[Page 48288]] interested parties for this final determination, may be found in the Issues and Decision Memorandum.\6\ 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 Taiwan: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 19696 (May 4, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). \2\ Id. at 19698; see also Memorandum, ``Antidumping Duty Investigation of Polyethylene Terephthalate (PET) Resin from Taiwan: Briefing Schedule for the Final Determination,'' dated August 1, 2018. \3\ DAK Americas, LLC Indorama Ventures USA, Ind., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, America (collectively, the petitioners). \4\ Far Eastern New Century Corporation (FENC), Far Eastern Textile Ltd. (FETL), and Worldwide Polychem (HK), Ltd. (WWP) (collectively, Far Eastern). \5\ See the petitioners' Case Brief, ``Polyethylene Terephthalate Resin from Taiwan: Petitioners' Case Brief Concerning Far Eastern,'' dated August 9, 2018 (Petitioners' Case Brief re Far Eastern); see also the petitioners' Case Brief, ``Polyethylene Terephthalate Resin from Taiwan: Petitioners' Case Brief Concerning Shinkong Synthetic Fibers Corp.,'' dated August 9, 2018 (Petitioners' Case Brief re Shinkong); see also Far Eastern's Case Brief, ``Investigation of Polyethylene Terephthalate Resin from Taiwan--Case Brief,'' dated August 8, 2018 (Far Eastern's Case Brief); see also Shinkong's Case Brief, ``Polyethylene Terephthalate (PET) Resin from Taiwan: Case Brief,'' dated August 8, 2018 (Shinkong's Case Brief); see also the petitioners' Rebuttal Brief, ``Polyethylene Terephthalate Resin from Taiwan: Petitioners' Rebuttal Brief Concerning Far Eastern,'' dated August 14, 2018 (Petitioners' Rebuttal Brief re Far Eastern); see also the petitioners' Rebuttal Brief, ``Polyethylene Terephthalate Resin from Taiwan: Petitioners' Rebuttal Brief Concerning Shinkong,'' dated August 14, 2018 (Petitioners' Rebuttal Brief re Shinkong); see also Far Eastern's Rebuttal Brief, ``Investigation of Polyethylene Terephthalate Resin from Taiwan--Rebuttal Brief,'' dated August 14, 2018 (Far Eastern's Rebuttal Brief); see also Shinkong's Rebuttal Brief, ``Polyethylene Terephthalate (PET) Resin from Taiwan: Rebuttal Brief,'' dated August 14, 2018 (Shinkong's Rebuttal Brief). \6\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Taiwan,'' 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 (POI) 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 in Taipei, Taiwan, between May 7, 2018, and May 18, 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 the Preliminary Determination, in accordance with section 733(e)(1) of the Act and 19 CFR 351.206, Commerce found that critical circumstances exist for Far Eastern and ``all other'' producers or exporters not individually examined and found that critical circumstances did not exist for Shinkong.\7\ Commerce received comments from Far Eastern and the petitioners concerning the preliminary critical circumstances determination, which are discussed in the Issues and Decision Memorandum. 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 Far Eastern. Moreover, for this final determination, we determine that critical circumstances exist for Shinkong, but do not exist for ``all other'' producers or exporters not individually examined. --------------------------------------------------------------------------- \7\ See also Preliminary Determination of Critical Circumstances, 83 FR 17791 (April 24, 2018). --------------------------------------------------------------------------- Analysis of Comments Received 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 Shinkong, pursuant to sections 776(a)(2)(A)-(C) and 776(b) of the Act. For further information regarding the use of facts available and 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 Far Eastern and based Shinkong's rate entirely on facts otherwise available. Accordingly, the all-others' rate in this investigation is the weighted-average dumping margin calculated for Far Eastern. Final Determination Margins Commerce determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Far Eastern New Century Corporation, Far Eastern Textile 5.16 Ltd., and Worldwide Polychem (HK), Ltd...................... Shinkong Synthetic Fibers Corporation........................ 45.00 All-Others................................................... 5.16 ------------------------------------------------------------------------ Disclosure We intend to 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 Far Eastern; and begin the suspension of liquidation of all entries of PET resin, produced or exported by Shinkong, 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 Far Eastern and Shinkong. In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation of all appropriate entries of PET resin from Taiwan, 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; [[Page 48289]] (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 Taiwan 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. 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 Rely on Total Adverse Facts Available for Shinkong Comment 2: Whether Shinkong Reported the Correct Date of Sale for Its Home Market Sales Comment 3: Whether Shinkong Reported the Correct Shipment Date for Its Home Market Sales Comment 4: Whether Far Eastern Underreported Its Production Quantities for Blended Products Comment 5: Whether Far Eastern Manipulated Its Sales Reporting Between Cost and Sales Verifications Comment 6: Whether to Incorporate Findings from Commerce's Cost Verification in the Final Determination for Far Eastern--Cost Adjustment Ratio Comment 7: Whether to Incorporate Findings from Commerce's Cost Verification in the Final Determination for Far Eastern--General and Administrative Expense Ratio Comment 8: Whether Commerce Should Apply Adverse Facts Available to Far Eastern's Report of Blended PET Resin Comment 9: Whether Far Eastern has Omitted Certain Subject Merchandise Sales from its U.S. Sales Database Comment 10: Whether one of Far Eastern's U.S. Sales should be Excluded from the Margin Calculation Comment 11: Far Eastern's U.S. Sales Channels Comment 12: Whether Far Eastern's Correction to Packing Expenses Submitted at Verification Should be Rejected Comment 13: Whether Commerce Should Make a Finding of Critical Circumstances with respect to Far Eastern in the Final Determination VIII. Recommendation [FR Doc. 2018-20723 Filed 9-21-18; 8:45 am] BILLING CODE 3510-DS-P
![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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![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices 48289
(2) if the exporter is not a respondent Dated: September 17, 2018. Comment 5: Whether Far Eastern
identified above but the producer is, Gary Taverman, Manipulated Its Sales Reporting Between
then the cash deposit rate will be equal Cost and Sales Verifications
Deputy Assistant Secretary for Antidumping
Comment 6: Whether to Incorporate
to the respondent-specific estimated and Countervailing Duty Operations,
Findings from Commerce’s Cost
weighted-average dumping margin performing the non-exclusive functions and Verification in the Final Determination
established for that producer of the duties of the Assistant Secretary for for Far Eastern—Cost Adjustment Ratio
Enforcement and Compliance.
subject merchandise; and (3) the cash Comment 7: Whether to Incorporate
deposit rate for all other producers and Appendix I Findings from Commerce’s Cost
exporters will be equal to the all-others Verification in the Final Determination
Scope of the Investigation for Far Eastern—General and
estimated weighted-average dumping Administrative Expense Ratio
margin. The merchandise covered by this
investigation is polyethylene terephthalate Comment 8: Whether Commerce Should
(PET) resin having an intrinsic viscosity of at Apply Adverse Facts Available to Far
International Trade Commission
least 70, but not more than 88, milliliters per Eastern’s Report of Blended PET Resin
Notification Comment 9: Whether Far Eastern has
gram (0.70 to 0.88 deciliters per gram). The
scope includes blends of virgin PET resin Omitted Certain Subject Merchandise
In accordance with section 735(d) of Sales from its U.S. Sales Database
the Act, we will notify the U.S. and recycled PET resin containing 50 percent
Comment 10: Whether one of Far Eastern’s
International Trade Commission (ITC) of or more virgin PET resin content by weight,
U.S. Sales should be Excluded from the
provided such blends meet the intrinsic
the final affirmative determination of Margin Calculation
viscosity requirements above. The scope Comment 11: Far Eastern’s U.S. Sales
sales at LTFV. Because the final includes all PET resin meeting the above
determination in this proceeding is Channels
specifications regardless of additives Comment 12: Whether Far Eastern’s
affirmative, in accordance with section introduced in the manufacturing process. Correction to Packing Expenses
735(b)(2)(B) of the Act, the ITC will The scope excludes PET-glycol resin, also Submitted at Verification Should be
make its final determination as to referred to as PETG. PET-glycol resins are Rejected
whether the domestic industry in the manufactured by replacing a portion of the Comment 13: Whether Commerce Should
United States is materially injured, or raw material input monoethylene glycol Make a Finding of Critical Circumstances
threatened with material injury, by (MEG) with one of five glycol modifiers: with respect to Far Eastern in the Final
Cyclohexanedimethanol (CHDM), diethylene Determination
reason of imports of PET resin from glycol (DEG), neopentyl glycol (NPG), VIII. Recommendation
Taiwan no later than 45 days after our isosorbide, or spiro glycol. Specifically,
final determination. If the ITC [FR Doc. 2018–20723 Filed 9–21–18; 8:45 am]
excluded PET-glycol resins must contain a
determines that material injury or threat minimum of 10 percent, by weight, of CHDM, BILLING CODE 3510–DS–P
of material injury does not exist, the DEG, NPG, isosorbide or spiro glycol, or
proceeding will be terminated and all some combination of these glycol modifiers.
cash deposits will be refunded. If the Unlike subject PET resin, PET-glycol resins DEPARTMENT OF COMMERCE
ITC determines that such injury does are amorphous resins that are not solid-stated
and cannot be crystallized or recycled. National Oceanic and Atmospheric
exist, Commerce will issue an Administration
The merchandise subject to this
antidumping duty order directing CBP
investigation is properly classified under RIN 0648–XG490
to assess, upon further instruction by subheadings 3907.61.0000 and 3907.69.0000
Commerce, antidumping duties on all of the Harmonized Tariff Schedule of the Gulf of Mexico Fishery Management
imports of the subject merchandise United States (HTSUS). Although the HTSUS Council; Public Meeting
entered, or withdrawn from warehouse, subheadings are provided for convenience
for consumption on or after the effective and customs purposes, the written AGENCY: National Marine Fisheries
date of the suspension of liquidation, as description of the merchandise covered by Service (NMFS), National Oceanic and
discussed above in the ‘‘Continuation of this investigation is dispositive. Atmospheric Administration (NOAA),
Suspension of Liquidation’’ section. Appendix II Commerce.
ACTION: Notice of a public meeting.
Notification Regarding Administrative List of Topics Discussed in the Issues and
Protective Orders Decision Memorandum SUMMARY: The Gulf of Mexico Fishery
I. Summary Management Council will hold a
This notice will serve as the only II. Background meeting of its Law Enforcement
reminder to parties, subject to III. Scope of the Investigation Technical Committee (LETC), in
administrative protective order (APO), IV. Final Affirmative Determination of conjunction with the Gulf States Marine
of their responsibility concerning the Critical Circumstances, in Part Fisheries Commission’s Law
destruction of proprietary information V. Changes Since the Preliminary Enforcement Committee (LEC).
disclosed under APO in accordance Determination
DATES: The meeting will convene on
with 19 CFR 351.305(a)(3). Timely VI. Use of Facts Otherwise Available and
Adverse Inferences Wednesday, October 17, 2018; starting
written notification of return/ 8:30 a.m. and will adjourn at 5 p.m.
VII. Discussion of the Issues
destruction or APO materials or Comment 1: Whether Commerce Should ADDRESSES: The meeting will be held at
conversion to judicial protective order is Rely on Total Adverse Facts Available the Isla Grand Beach Resort, located at
hereby requested. Failure to comply for Shinkong 500 Padre Boulevard, South Padre
with the regulations and the terms of an Comment 2: Whether Shinkong Reported Island, TX 78597; telephone: (956) 761–
amozie on DSK3GDR082PROD with NOTICES1
APO is a sanctionable violation. the Correct Date of Sale for Its Home 6511.
Market Sales Council address: Gulf of Mexico
Notification to Interested Parties Comment 3: Whether Shinkong Reported
Fishery Management Council, 4107 W
the Correct Shipment Date for Its Home
We are issuing and publishing this Market Sales Spruce Street, Suite 200, Tampa, FL
determination and notice in accordance Comment 4: Whether Far Eastern 33607; telephone: (813) 348–1630.
with sections 735(d) and 777(i) of the Underreported Its Production Quantities FOR FURTHER INFORMATION CONTACT: Dr.
Act and 19 CFR 351.210(c). for Blended Products Ava Lasseter, Anthropologist, Gulf of
VerDate Sep<11>2014 19:37 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1](https://thefederalregister.org/doc/83_FR_48472/page/3.svg)
Document Created: 2018-09-22 00:33:28
Document Modified: 2018-09-22 00:33:28
| 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 | Jun Jack Zhao or Alexander Cipolla, 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) 482-1396 or (202) 482-4956, respectively. | |
| FR Citation | 83 FR 48287 |
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