Polyethylene Terephthalate Resin From Pakistan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 19689-19691 [2018-09511]
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19689
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
Estimated
number of
responses
Application type
Average time
estimate
Total hours
Full Application Submission for Construction Applicants ............................................................
Full Application Submission All Other EDA Programs ................................................................
Full Application Submission for Non-Profit Applicants ................................................................
99
737
125
43.0
17.1
19.5
4246.6
12579.2
2436.9
Total ......................................................................................................................................
1672
........................
22,512
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Pursuant to section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501 et seq.),
comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and may
be included in the request for Office of
Management and Budget approval of
this information collection; they also
will become a matter of public record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–09538 Filed 5–3–18; 8:45 am]
BILLING CODE 3510–34–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–535–905]
Polyethylene Terephthalate Resin
From Pakistan: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that polyethylene terephthalate resin
(PET resin) from Pakistan is being, or is
likely to be, sold in the United States at
less than fair value. The period of
amozie on DSK3GDR082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:16 May 03, 2018
Jkt 244001
investigation is July 1, 2016, through
June 30, 2017.
DATES: Applicable May 4, 2018.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4737.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 23, 2017.1 Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through 22, 2018. On February 22, 2018,
Commerce postponed the preliminary
determination of this investigation.2 The
revised deadline for the preliminary
determination of this investigation is
now April 27, 2018.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
1 See Polyethylene Terephthalate Resin from
Brazil, Indonesia, the Republic of Korea, Pakistan,
and Taiwan: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 48977 (October 23, 2017)
(Initiation Notice).
2 See Polyethylene Terephthalate from Brazil,
Indonesia, the Republic of Korea, Pakistan, and
Taiwan: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 83 FR 7655 (February 22, 2018).
3 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ (Tolling
Memorandum), dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyethylene
Terephthalate Resin from Indonesia’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The merchandise covered by this
investigation is PET resin from Pakistan.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 For a summary of
the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Decision Memorandum. After
evaluating the comments, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice to exclude PET-glycol resin. See
the revised scope in Appendix I to this
notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. In addition, Commerce
has preliminarily relied upon facts
available under section 776(a)(1) of the
Act for Novatex. For a full description
of the methodology underlying the
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
E:\FR\FM\04MYN1.SGM
04MYN1
19690
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
preliminary determination, see the
Preliminary Decision Memorandum.
amozie on DSK3GDR082PROD with NOTICES
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
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. Commerce
calculated an individual estimated
weighted-average dumping margin for
Novatex, the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Novatex is the
margin assigned to all-other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
dumping margins determined in this
preliminary 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
company-specific estimated weightedaverage 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.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
Preliminary Determination
may be submitted to the Assistant
Commerce preliminarily determines
Secretary for Enforcement and
that the following estimated weightedCompliance no later than seven days
average dumping margins exist:
after the date on which the last
verification report is issued in this
Estimated investigation. Rebuttal briefs, limited to
weightedissues raised in case briefs, may be
average
Exporter/producer
submitted no later than five days after
dumping
margin
the deadline date for case briefs.8
(percent)
Pursuant to 19 CFR 351.309(c)(2) and
Novatex Limited 7 ........................
7.75 (d)(2), parties who submit case briefs or
All-Others ....................................
7.75 rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
Suspension of Liquidation
(2) a brief summary of the argument;
In accordance with section 733(d)(2)
and (3) a table of authorities.
of the Act, Commerce will direct U.S.
Pursuant to 19 CFR 351.310(c),
Customs and Border Protection (CBP) to interested parties who wish to request a
suspend liquidation of entries of subject hearing, limited to issues raised in the
merchandise, as described in Appendix case and rebuttal briefs, must submit a
I, entered, or withdrawn from
written request to the Assistant
warehouse, for consumption on or after
Secretary for Enforcement and
the date of publication of this notice in
Compliance, U.S. Department of
the Federal Register. Further, pursuant
Commerce, within 30 days after the date
to section 733(d)(1)(B) of the Act and 19 of publication of this notice. Requests
CFR 351.205(d), Commerce will instruct should contain the party’s name,
CBP to require a cash deposit equal to
address, and telephone number, the
the estimated weighted-average
number of participants, whether any
dumping margin or the estimated allparticipant is a foreign national, and a
others rate, as follows: (1) The cash
list of the issues to be discussed. If a
deposit rate for the respondent listed
request for a hearing is made, Commerce
above will be equal to the companyintends to hold the hearing at the U.S.
specific estimated weighted-average
Department of Commerce, 1401
Constitution Avenue NW, Washington,
7 Commerce preliminarily determines that
Novatex Limited and Gatron Industries Limited are
a single entity. See Preliminary Decision
Memorandum.
VerDate Sep<11>2014
18:16 May 03, 2018
Jkt 244001
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On April 9, 2018, pursuant to 19 CFR
351.210(e), Novatex requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.9 On April 12, 2018,
the petitioners 10 also requested that
Commerce postpone the final
determination.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
9 See Novatex’s Letter, ‘‘Polyethylene
Terephthalate Resin from Pakistan: Novatex
Request to Postpone Final Determination,’’ dated
April 9, 2018.
10 The petitioners are DAK Americas LLC,
Indorama Ventures USA, Inc., M&G Polymers USA,
LLC, and Nan Ya Plastics Corporation, America.
11 See Letter from the petitioners, ‘‘Polyethylene
Terephthalate Resin from Brazil, Indonesia, the
Republic of Korea, Pakistan, and Taiwan—
Petitioners’ Request to Extend the Antidumping
Duty Determinations,’’ dated April 12, 2018.
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: April 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–09511 Filed 5–3–18; 8:45 am]
amozie on DSK3GDR082PROD with NOTICES
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 Preliminary
Decision Memorandum
I. Summary
VerDate Sep<11>2014
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
A. Comparisons to Fair Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Duty Drawback
XII. Normal Value
A. Home Market Viability and Comparison
Market
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Conclusion
18:16 May 03, 2018
Jkt 244001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–832]
Polyethylene Terephthalate Resin
From Indonesia: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that polyethylene terephthalate resin
(PET resin) from Indonesia is being, or
is likely to be, sold in the United States
at less than fair value. The period of
investigation is July 1, 2016, through
June 30, 2017.
DATES: Applicable May 4, 2018.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks, 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) 482–2670.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
PO 00000
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Fmt 4703
Sfmt 4703
19691
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 23, 2017.1 On January 23,
2018, Commerce exercised its discretion
to toll all deadlines affected by the
closure of the Federal Government from
January 20, 2018, through January 22,
2018.2 On February 22, 2018, Commerce
postponed the preliminary
determination of this investigation.3 As
a result, the revised deadline for the
preliminary determination of this
investigation is now April 27, 2018.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The merchandise covered by this
investigation is PET resin from
Indonesia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
1 See Polyethylene Terephthalate Resin from
Brazil, Indonesia, the Republic of Korea, Pakistan,
and Taiwan: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 48977 (October 23, 2017)
(Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018.
3 See Polyethylene Terephthalate from Brazil,
Indonesia, the Republic of Korea, Pakistan, and
Taiwan: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 83 FR 7655 (February 22, 2018).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyethylene
Terephthalate Resin from Indonesia’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
E:\FR\FM\04MYN1.SGM
04MYN1
Agencies
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19689-19691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09511]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-535-905]
Polyethylene Terephthalate Resin From Pakistan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that polyethylene terephthalate resin (PET resin) from Pakistan is
being, or is likely to be, sold in the United States at less than fair
value. The period of investigation is July 1, 2016, through June 30,
2017.
DATES: Applicable May 4, 2018.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on October 23,
2017.\1\ Commerce exercised its discretion to toll all deadlines
affected by the closure of the Federal Government from January 20
through 22, 2018. On February 22, 2018, Commerce postponed the
preliminary determination of this investigation.\2\ The revised
deadline for the preliminary determination of this investigation is now
April 27, 2018.\3\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Resin from Brazil, Indonesia,
the Republic of Korea, Pakistan, and Taiwan: Initiation of Less-
Than-Fair-Value Investigations, 82 FR 48977 (October 23, 2017)
(Initiation Notice).
\2\ See Polyethylene Terephthalate from Brazil, Indonesia, the
Republic of Korea, Pakistan, and Taiwan: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 83 FR 7655
(February 22, 2018).
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polyethylene Terephthalate Resin from Indonesia'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is PET resin from
Pakistan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this preliminary determination, and accompanying discussion
and analysis of all comments timely received, see the Preliminary
Decision Memorandum. After evaluating the comments, Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice to exclude PET-glycol resin. See the revised scope in
Appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. In addition, Commerce has preliminarily relied upon facts
available under section 776(a)(1) of the Act for Novatex. For a full
description of the methodology underlying the
[[Page 19690]]
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination 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. Commerce calculated an individual estimated
weighted-average dumping margin for Novatex, the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Novatex is the margin assigned to
all-other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Novatex Limited \7\......................................... 7.75
All-Others.................................................. 7.75
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margins
determined in this preliminary 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 company-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.
---------------------------------------------------------------------------
\7\ Commerce preliminarily determines that Novatex Limited and
Gatron Industries Limited are a single entity. See Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On April 9, 2018, pursuant to 19 CFR 351.210(e), Novatex requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\9\ On April
12, 2018, the petitioners \10\ also requested that Commerce postpone
the final determination.\11\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\9\ See Novatex's Letter, ``Polyethylene Terephthalate Resin
from Pakistan: Novatex Request to Postpone Final Determination,''
dated April 9, 2018.
\10\ The petitioners are DAK Americas LLC, Indorama Ventures
USA, Inc., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation,
America.
\11\ See Letter from the petitioners, ``Polyethylene
Terephthalate Resin from Brazil, Indonesia, the Republic of Korea,
Pakistan, and Taiwan--Petitioners' Request to Extend the Antidumping
Duty Determinations,'' dated April 12, 2018.
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[[Page 19691]]
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: April 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
A. Comparisons to Fair Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Duty Drawback
XII. Normal Value
A. Home Market Viability and Comparison Market
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Conclusion
[FR Doc. 2018-09511 Filed 5-3-18; 8:45 am]
BILLING CODE 3510-DS-P