Polyethylene Terephthalate Sheet From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 12500-12502 [2020-04344]
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
Dated: February 25, 2020.
Andrew McGilvray,
Executive Secretary.
investigation (POI) is July 1, 2018
through June 30, 2019. Interested parties
are invited to comment on this
preliminary determination.
[FR Doc. 2020–04266 Filed 3–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DATES:
Applicable March 3, 2020.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–266–2019]
Approval of Subzone Status; Walgreen
Co.; Mt. Vernon, Illinois
On December 26, 2019, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the America’s Central Port
District, grantee of FTZ 31, requesting
subzone status subject to the existing
activation limit of FTZ 31, on behalf of
Walgreen Co., in Mt. Vernon, Illinois.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (85 FR 298, January 3, 2020).
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR Sec.
400.36(f)), the application to establish
Subzone 31D was approved on February
25, 2020, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 31’s
2,000-acre activation limit.
Dated: February 25, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–04267 Filed 3–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–903]
Polyethylene Terephthalate Sheet
From the Republic of Korea:
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 sheet
(PET sheet) from the Republic of Korea
(Korea) is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
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AGENCY:
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Peter Zukowski or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0189 or (202) 482–2437,
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 August 27, 2019.1 On December 17,
2019, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now February 25, 2020.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 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 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.
1 See Polyethylene Terephthalate Sheet from the
Republic of Korea, Mexico, and the Sultanate of
Oman: Initiation of Less-Than-Fair-Value
Investigations, 84 FR 44854 (August 27, 2019)
(Initiation Notice).
2 See Polyethylene Terephthalate Sheet from the
Republic of Korea and the Sultanate of Oman:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 84 FR 70941
(December 26, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyethylene
Terephthalate Sheet from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Sfmt 4703
Scope of the Investigation
The product covered by this
investigation is PET sheet from Korea.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. 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
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
733(b) of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences, for non-participating
mandatory respondent Plastech Co. Ltd.
(Plastech), as well as the following
companies which did not submit a
response to Commerce’s initial request
for quantity and value information:
Chungdang Co., K Stout Co., Kemicolor
Corp., KP Tech Ltd., Moojin Che, OKS
Poly, Puyoung Industry Co., Samjin
Plastic Co., Sangil Corp., SK Chemicals,
Tae Kwang New Tech. Co., Ltd., and
Unidesign Co (collectively, nonresponsive companies). 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
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Polyethylene Terephthalate
Sheet from the Republic of Korea: Preliminary
Scope Decision Memorandum,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
E:\FR\FM\03MRN1.SGM
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
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
preliminarily assigned a rate based
entirely on facts available to Plastech.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Jin Young Chemical Co., Ltd. (JYC).
Consequently, the rate calculated for
JYC is also assigned as the rate for all
other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
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Jin Young Chemical Co., Ltd .....
Plastech Co., Ltd ........................
Chungdang Co ...........................
K Stout Co ..................................
Kemicolor Corp ...........................
KP Tech Ltd ................................
Moojin Che .................................
OKS Poly ....................................
Puyoung Industry Co ..................
Samjin Plastic Co .......................
Sangil Corp .................................
SK Chemicals .............................
Tae Kwang New Tech. Co., Ltd.
Unidesign Co ..............................
All Others ....................................
8.02
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
52.01
8.02
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 allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
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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. These suspension of liquidation
instructions will remain in effect until
further notice.
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
Commerce is setting different
deadlines for scope-related case and
rebuttal briefs, and case and rebuttal
briefs addressing all other issues.
Scope briefs may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than 30 days after
the publication of the preliminary
antidumping duty (AD) determinations
for Korea and Oman in the Federal
Register. Rebuttal scope briefs, limited
to issues raised in the scope case briefs,
may be submitted no later than three
days after the deadline for the scope
case briefs. These deadlines are based
on publication in the Federal Register
of the preliminary determinations in the
AD investigations of PET sheet. There is
only one briefing schedule for scope
case and rebuttal briefs in the AD
investigations. For all scope issues,
parties must file separate and identical
documents on the records of all of the
ongoing AD PET sheet investigations.
No new factual information should be
included in scope case briefs or rebuttal
scope briefs, and no proprietary
information should be submitted in the
scope case briefs and rebuttal scope
briefs.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing on the revised scope, limited to
issues raised in the scope case and
rebuttal briefs, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, separate from
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12501
the hearing on issues raised in case
briefs, within five 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.
Scope comments may only be
included in the scope case brief and
scope rebuttal brief. Should this
investigation result in an order,
interested parties may submit requests
for a scope ruling afterwards.
Case briefs or other non-scope 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.7
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.
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.
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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12502
Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
lotter on DSKBCFDHB2PROD with NOTICES
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 February 18, 2020, pursuant to 19
CFR 351.210(e), JYC requested that,
contingent upon an affirmative
preliminary determination of sales at
LTFV, Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months. In addition, on
February 14, 2020, the petitioners 8
requested that Commerce fully postpone
the deadline for the final determination
in this investigation. 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.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the 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
subject imports are materially injuring,
or threaten material injury to, the U.S.
industry.
8 The petitioners are Advanced Extrusion Inc., ExTech Plastics, Inc., and Multi-Plastics Extrusions,
Inc.
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17:19 Mar 02, 2020
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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: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is raw, pretreated, or primed
polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal
thicknesses of equal to or greater than 7 mil
(0.007 inches or 177.8 mm) and not exceeding
45 mil (0.045 inches or 1,143 mm) (PET
sheet). The scope includes all PET sheet
whether made from prime (virgin) inputs or
recycled inputs, as well as any blends
thereof. The scope includes all PET sheet
meeting the above specifications regardless of
width, color, surface treatment, coating,
lamination, or other surface finish.
The merchandise subject to this
investigation is properly classified under
statistical reporting number 3920.62.0090 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
statistical reporting number is provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Application of Facts Available and Use of
Adverse Inference
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020–04344 Filed 3–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–123]
Certain Corrosion Inhibitors From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 25, 2020.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Nicholas
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
Czajkowski, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On February 5, 2020, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition (Petition) concerning imports of
certain corrosion inhibitors (corrosion
inhibitors) from the People’s Republic of
China (China), filed in proper form on
behalf of Wincom Incorporated (the
petitioner). The CVD Petition was
accompanied by an antidumping duty
(AD) Petition concerning imports of
corrosion inhibitors from China.1
On February 10, 2020, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions.2 The petitioner filed
responses to these requests on February
14, 2020.3 On February 14, 2020,
Commerce requested additional
supplemental information pertaining to
the CVD investigation.4 On February 18,
2020, the petitioner responded to this
request.5 On February 19, 2020,
Commerce requested additional
supplemental information pertaining to
the CVD investigation.6 On February 21,
2020, the petitioner responded to the
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Certain Corrosion Inhibitors from China,’’
dated February 5, 2020 (the Petitions).
2 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Corrosion Inhibitors
from the People’s Republic of China: Supplemental
Questions,’’ dated February 10, 2020 (General
Issues Questionnaire); see also Commerce’s Letter,
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Certain Corrosion Inhibitors
from the People’s Republic of China: Supplemental
Questions,’’ dated February 10, 2020.
3 See Petitioner’s Letter, ‘‘Certain Corrosion
Inhibitors from the People’s Republic of China:
Responses to Supplemental Questions (Volume I),’’
dated February 14, 2020 (General Issues
Supplement); see also Petitioner’s Letter, ‘‘Certain
Corrosion Inhibitors from the People’s Republic of
China: Responses to Supplemental Questions
(Volume III),’’ dated February 14, 2020 (CVD
Supplement).
4 See Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Corrosion Inhibitors from the People’s
Republic of China: Supplemental Questions,’’ dated
February 14, 2020.
5 See Petitioner’s Letter, ‘‘Certain Corrosion
Inhibitors from the People’s Republic of China:
Responses to Second Supplemental Questions
(Volume III),’’ dated February 18, 2020.
6 See Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Corrosion Inhibitors from the People’s
Republic of China: Supplemental Questions,’’ dated
February 19. 2020.
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Agencies
[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12500-12502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-903]
Polyethylene Terephthalate Sheet From the Republic of Korea:
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 sheet (PET sheet) from the Republic of
Korea (Korea) 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, 2018 through June 30, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable March 3, 2020.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0189 or (202) 482-2437,
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 August 27,
2019.\1\ On December 17, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
February 25, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Sheet from the Republic of
Korea, Mexico, and the Sultanate of Oman: Initiation of Less-Than-
Fair-Value Investigations, 84 FR 44854 (August 27, 2019) (Initiation
Notice).
\2\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 84 FR
70941 (December 26, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polyethylene Terephthalate Sheet from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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
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 sheet from Korea.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. 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 Scope Decision Memorandum.\6\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Polyethylene Terephthalate Sheet from the
Republic of Korea: Preliminary Scope Decision Memorandum,'' dated
concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 733(b) of the Act. Constructed export prices have been
calculated in accordance with section 772(b) of the Act. Normal value
is calculated in accordance with section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available, with adverse
inferences, for non-participating mandatory respondent Plastech Co.
Ltd. (Plastech), as well as the following companies which did not
submit a response to Commerce's initial request for quantity and value
information: Chungdang Co., K Stout Co., Kemicolor Corp., KP Tech Ltd.,
Moojin Che, OKS Poly, Puyoung Industry Co., Samjin Plastic Co., Sangil
Corp., SK Chemicals, Tae Kwang New Tech. Co., Ltd., and Unidesign Co
(collectively, non-responsive companies). 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
[[Page 12501]]
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 preliminarily assigned a rate based
entirely on facts available to Plastech. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts otherwise available
is the rate calculated for Jin Young Chemical Co., Ltd. (JYC).
Consequently, the rate calculated for JYC is also assigned as the rate
for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Jin Young Chemical Co., Ltd................................. 8.02
Plastech Co., Ltd........................................... 52.01
Chungdang Co................................................ 52.01
K Stout Co.................................................. 52.01
Kemicolor Corp.............................................. 52.01
KP Tech Ltd................................................. 52.01
Moojin Che.................................................. 52.01
OKS Poly.................................................... 52.01
Puyoung Industry Co......................................... 52.01
Samjin Plastic Co........................................... 52.01
Sangil Corp................................................. 52.01
SK Chemicals................................................ 52.01
Tae Kwang New Tech. Co., Ltd................................ 52.01
Unidesign Co................................................ 52.01
All Others.................................................. 8.02
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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 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. These suspension of liquidation
instructions will remain in effect until further notice.
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
Commerce is setting different deadlines for scope-related case and
rebuttal briefs, and case and rebuttal briefs addressing all other
issues.
Scope briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance no later than 30 days after the publication
of the preliminary antidumping duty (AD) determinations for Korea and
Oman in the Federal Register. Rebuttal scope briefs, limited to issues
raised in the scope case briefs, may be submitted no later than three
days after the deadline for the scope case briefs. These deadlines are
based on publication in the Federal Register of the preliminary
determinations in the AD investigations of PET sheet. There is only one
briefing schedule for scope case and rebuttal briefs in the AD
investigations. For all scope issues, parties must file separate and
identical documents on the records of all of the ongoing AD PET sheet
investigations. No new factual information should be included in scope
case briefs or rebuttal scope briefs, and no proprietary information
should be submitted in the scope case briefs and rebuttal scope briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing on the revised scope, limited to issues raised in the
scope case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, separate from the hearing on issues raised in case briefs,
within five 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.
Scope comments may only be included in the scope case brief and
scope rebuttal brief. Should this investigation result in an order,
interested parties may submit requests for a scope ruling afterwards.
Case briefs or other non-scope 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.\7\ 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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\7\ 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.
[[Page 12502]]
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 February 18, 2020, pursuant to 19 CFR 351.210(e), JYC requested
that, contingent upon an affirmative preliminary determination of sales
at LTFV, Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months. In addition,
on February 14, 2020, the petitioners \8\ requested that Commerce fully
postpone the deadline for the final determination in this
investigation. 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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\8\ The petitioners are Advanced Extrusion Inc., Ex-Tech
Plastics, Inc., and Multi-Plastics Extrusions, Inc.
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the 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 subject 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: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is raw,
pretreated, or primed polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal thicknesses of equal to or
greater than 7 mil (0.007 inches or 177.8 [mu]m) and not exceeding
45 mil (0.045 inches or 1,143 [mu]m) (PET sheet). The scope includes
all PET sheet whether made from prime (virgin) inputs or recycled
inputs, as well as any blends thereof. The scope includes all PET
sheet meeting the above specifications regardless of width, color,
surface treatment, coating, lamination, or other surface finish.
The merchandise subject to this investigation is properly
classified under statistical reporting number 3920.62.0090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS statistical reporting number is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020-04344 Filed 3-2-20; 8:45 am]
BILLING CODE 3510-DS-P