Polyethylene Terephthalate Resin From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 19696-19699 [2018-09515]
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19696
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
exceed six months.10 The petitioners 11
filed the same request on April 12,
2018.12 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.
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
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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,
10 See Letter from SK Chemicals, ‘‘Polyethylene
Terephthalate Resin from the Republic of Korea:
Request for Postponement of Final Determination
and Extension of Provisional Measures,’’ dated
April 11, 2018.
11 The petitioners are DAK Americas LLC,
Indorama Ventures USA, Inc., M&G Polymers USA,
LLC, and Nan Ya Plastics Corporation, America.
12 See Letter from the petitioners, ‘‘Polyethylene
Terephthalate Resin from Brazil, Indonesia, the
Republic of Korea, Pakistan, and Taiwan—Request
to Extend the Antidumping Duty Final
Determination,’’ dated April 12, 2018.
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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. Discussion of the Methodology
A. Application of Adverse Facts Available
(AFA)
B. Corroboration of Secondary Information
C. All-Others Rate
D. Comparisons to Fair Value
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Calculation of NV Based on Comparison
Market Prices
E. Calculation of NV Based on Constructed
Value (CV)
F. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
XI. Currency Conversion
XII. Verification
XIII. Conclusion
[FR Doc. 2018–09521 Filed 5–3–18; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–862]
Polyethylene Terephthalate Resin
From Taiwan: 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 Taiwan is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2016,
through June 30, 2017.
DATES: Applicable May 4, 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:
AGENCY:
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 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
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).
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
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 product covered by this
investigation is PET resin from Taiwan.
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
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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 also 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. For a full
description of the methodology
4 See
Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyethylene
Terephthalate Resin from Taiwan’’ 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).
6 See Initiation Notice.
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underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Exporter/Producer
All-Others Rate
Sections 733(d)(1)(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 weightedaverage 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
estimated weighted-average dumping
margins for Far Eastern New Century
Corporation and Shinkong Synthetic
Fibers Corporation that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others’ rate using a
weighted average of the estimated
weighted-average dumping margins
calculated for the examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.7
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
7 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see the All-Others’ Rate Calculation
Memorandum.
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Far Eastern New Century Corporation, Far Eastern Textile
Ltd., and Worldwide Polychem
(HK), Ltd. (collectively, Far
Eastern) 8 ................................
Shinkong Synthetic Fibers Corporation ...................................
All-Others ....................................
19697
Estimated
weightedaverage
dumping
margin
(percent)
11.89
9.02
10.99
Suspension ofLiquidation
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.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. On April
20, 2018, Commerce preliminarily
determined that critical circumstances
exist for imports of PET resin from
Taiwan produced or exported by Far
Eastern and all other producers/
exporters.9 Accordingly, for Far Eastern
and all other producers/exporters, in
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
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
8 Commerce preliminarily determines that Far
Eastern New Century Corporation and Worldwide
Polychem (HK) Limited are a single entity, and Far
Eastern New Century Corporation to be the
successor-in-interest of Far Eastern Textile Ltd. See
Preliminary Decision Memorandum.
9 See Antidumping Duty Investigations on
Polyethylene Terephthalate Resin from Indonesia,
the Republic of Korea, and Taiwan; Preliminary
Determinations of Critical Circumstances, 83 FR
17791 (April 24, 2018).
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
the respondents 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 allothers 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).
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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.10
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.
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.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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 no 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
petitioners. 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 fourmonth period to a period not more than
six months in duration.
On April 12, and April 17, 2018,
pursuant to 19 CFR 351.210(e),
Shinkong and Far Eastern requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 On April 12, 2018,
the petitioners also requested that
Commerce postpone the final
determination.12 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 exporters
account 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
11 See Letter from Shinkong, ‘‘Polyethylene
Terephthalate (PET) Resin from Taiwan; Request to
Extend Final Determination,’’ dated April 12, 2018;
and Letter from Far Eastern, ‘‘Respondent Name(s),
Investigation of Polyethylene Terephthalate Resin
from Taiwan—Request for the Department’s Final
Determination Extension of Deadline,’’ dated April
17, 2018.
12 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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publication of this preliminary
determination.
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.
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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. Comparison to Fair Value
B. Results of the Differential Pricing
Analysis
VIII. Product Comparisons
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
A. Home Market Viability
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
D. Calculation of NV Based on Comparison
Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Conclusion
[FR Doc. 2018–09515 Filed 5–3–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–852]
Polyethylene Terephthalate Resin
From Brazil: 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 Brazil is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2016,
through June 30, 2017.
DATES: Applicable May 4, 2018.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum-Page or Kathryn Wallace, 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) 482–0197 or (202) 482–6251,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
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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 On February 22,
2018, Commerce postponed the
preliminary determination of this
investigation.2 Commerce exercised its
discretion to toll all deadlines affected
by the closure of the Federal
Government from January 20 through
22, 2018. If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. 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
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 Brazil.
For a complete description of the scope
of this investigation, see Appendix I.
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 Brazil’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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19699
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. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(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 weightedaverage 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 estimated weighted-average
dumping margins for Textil de
Pernambuco and MGP Brasil that are
not zero, de minimis, or based entirely
on facts otherwise available. Commerce
calculated the all-others’ rate using a
weighted average of the estimated
weighted-average dumping margins
calculated for the examined respondents
using each company’s publicly-ranged
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
]]>Agencies
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19696-19699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09515]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-862]
Polyethylene Terephthalate Resin From Taiwan: 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 Taiwan is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is July 1, 2016, through June
30, 2017.
DATES: Applicable May 4, 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
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\ 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.
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\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).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary
[[Page 19697]]
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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polyethylene Terephthalate Resin from Taiwan'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is PET resin from Taiwan.
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.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
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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
also 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. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(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. In this investigation, Commerce calculated
estimated weighted-average dumping margins for Far Eastern New Century
Corporation and Shinkong Synthetic Fibers Corporation that are not
zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others' rate using a weighted average of
the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\7\
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\7\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see the All-Others' Rate Calculation Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/Producer dumping
margin
(percent)
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Far Eastern New Century Corporation, Far Eastern Textile 11.89
Ltd., and Worldwide Polychem (HK), Ltd. (collectively, Far
Eastern) \8\...............................................
Shinkong Synthetic Fibers Corporation....................... 9.02
All-Others.................................................. 10.99
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Suspension of Liquidation
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\8\ Commerce preliminarily determines that Far Eastern New
Century Corporation and Worldwide Polychem (HK) Limited are a single
entity, and Far Eastern New Century Corporation to be the successor-
in-interest of Far Eastern Textile Ltd. See Preliminary Decision
Memorandum.
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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.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. On April 20, 2018,
Commerce preliminarily determined that critical circumstances exist for
imports of PET resin from Taiwan produced or exported by Far Eastern
and all other producers/exporters.\9\ Accordingly, for Far Eastern and
all other producers/exporters, in accordance with section 733(e)(2)(A)
of the Act, the suspension of liquidation shall apply to unliquidated
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date which is 90 days before the
publication of this notice.
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\9\ See Antidumping Duty Investigations on Polyethylene
Terephthalate Resin from Indonesia, the Republic of Korea, and
Taiwan; Preliminary Determinations of Critical Circumstances, 83 FR
17791 (April 24, 2018).
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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
[[Page 19698]]
the respondents 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.
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.\10\ 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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\10\ 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 no 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 petitioners. 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 12, and April 17, 2018, pursuant to 19 CFR 351.210(e),
Shinkong and Far Eastern requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\11\ On April 12, 2018, the petitioners also
requested that Commerce postpone the final determination.\12\ 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 exporters account 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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\11\ See Letter from Shinkong, ``Polyethylene Terephthalate
(PET) Resin from Taiwan; Request to Extend Final Determination,''
dated April 12, 2018; and Letter from Far Eastern, ``Respondent
Name(s), Investigation of Polyethylene Terephthalate Resin from
Taiwan--Request for the Department's Final Determination Extension
of Deadline,'' dated April 17, 2018.
\12\ 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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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.
[[Page 19699]]
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. Comparison to Fair Value
B. Results of the Differential Pricing Analysis
VIII. Product Comparisons
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
A. Home Market Viability
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
D. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Conclusion
[FR Doc. 2018-09515 Filed 5-3-18; 8:45 am]
BILLING CODE 3510-DS-P
