Polyethylene Terephthalate Resin From the People's Republic of China and India: Final Results of the Expedited First Sunset Reviews of the Countervailing Duty Orders, 38982-38983 [2021-15662]
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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: July 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–15743 Filed 7–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–025; C–533–862]
Polyethylene Terephthalate Resin
From the People’s Republic of China
and India: Final Results of the
Expedited First Sunset Reviews of the
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) orders on polyethylene
terephthalate (PET) resin from the
People’s Republic of China (China) and
India would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels as
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable July 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua A. DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On May 6, 2016, Commerce published
the CVD orders on PET resin from China
and India in the Federal Register.1 On
March 31, 2021, Commerce published
the notice of initiation of the first sunset
reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 Commerce
received a notice of intent to participate
from DAK Americas, LLC, Indorama
1 See Certain Polyethylene Terephthalate Resin
from India and the People’s Republic of China:
Countervailing Duty Order (India) and Amended
Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order
(People’s Republic of China), 81 FR 27977 (May 6,
2016) (Orders).
2 See Initiation of Five-Year (Sunset) Review, 86
FR 16701 (March 31, 2021).
VerDate Sep<11>2014
16:49 Jul 22, 2021
Jkt 253001
Ventures USA Inc., and Nan Ya Plastics
Corporation, America (collectively,
domestic interested parties) within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 Each claimed
interested party status under section
771(9)(C) of the Act as domestic
producers engaged in the production of
PET resin in the United States.
On April 30, 2021, Commerce
received a substantive response from the
domestic interested parties within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i).4 On May 3, 2021, two
respondent interested parties, CG
Roxane, LLC (CG Roxane) and Niagara
Bottling, LLC (Niagara), filed
substantive responses pursuant to 19
CFR 351.218(d)(3), to the record of the
China sunset review.5 However, for the
substantive responses of respondent
interested parties to be considered
adequate under this regulation, the
respondents must account for, on
average, more than 50 percent (volume
or value) of total exports during the fiveyear period preceding the year of
publication of the initiation notice,
pursuant to 19 CFR 351.218(e)(1)(ii)(A).
CG Roxane and Niagara failed to
demonstrate this. We did not receive a
substantive response from any other
interested party in these proceedings.
On May 21, 2021, Commerce notified
the U.S. International Trade
Commission (ITC) that it did not receive
an adequate substantive response from
respondent interested parties.6 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
3 See Domestic Interested Parties’ Letters, ‘‘FiveYear (Sunset) Review of the Countervailing Duty
Order on Certain Polyethylene Terephthalate Resin
from the People’s Republic of China—Domestic
Interested Parties’ Notice of Intent to Participate,’’
dated April 15, 2021; and ‘‘Five-Year (Sunset)
Review of the Countervailing Duty Order on Certain
Polyethylene Terephthalate Resin from India—
Domestic Interested Parties’ Notice of Intent to
Participate,’’ dated April 15, 2021.
4 See Domestic Interested Parties’ Letters, ‘‘FiveYear (Sunset) Review of the Countervailing Duty
Order on Certain Polyethylene Terephthalate Resin
from the People’s Republic of China—Domestic
Interested Parties’ Substantive Response to Notice
of Initiation,’ dated April 30, 2021 (China
Substantive Response); and ‘‘Five-Year (Sunset)
Review of the Countervailing Duty Order on Certain
Polyethylene Terephthalate Resin from India—
Domestic Interested Parties’ Substantive Response
to Notice of Initiation,’’ dated April 30, 2021 (India
Substantive Response).
5 See CG Roxane’s Letter, ‘‘Sunset Review of
Polyethylene Terephthalate Resin from China and
Oman: Response to Notice of Institution,’’ dated
May 3, 2021; and Niagara’s Letter, ‘‘Sunset Review
of Polyethylene Terephthalate Resin from China:
Response to Notice of Institution,’’ dated May 3,
2021.
6 See Commerce’s Letter, ‘‘Sunset Review for
April 2021,’’ dated May 21, 2021.
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Sfmt 4703
conducted expedited (120-day) sunset
reviews of these Orders.
Scope of the Orders
The merchandise covered by these
orders is polyethylene terephthalate
(PET) resin having an intrinsic viscosity
of at least 0.70, but not more than 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
merchandise subject to these orders is
properly classified under subheading
3907.60.00.30 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise covered by these orders is
dispositive.
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of countervailable subsidies and the net
countervailable subsidy likely to prevail
if the Orders were revoked.7 The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Services System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. A list of the issues
discussed in the decision memorandum
is attached at the appendix to this
notice.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Orders would be
likely to lead to continuation or
recurrence of countervailable subsidies
at the following rates:
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited First Sunset
Review of the Countervailing Duty Orders of
Polyethylene Terephthalate Resin from the People’s
Republic of China and India,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\23JYN1.SGM
23JYN1
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices
Manufacturer/producer/exporter
Net
countervailable
subsidy rate
(percent)
Xingyu .......................................
Dragon Group ...........................
All Others ..................................
7.53
47.56
27.55
PET Resin From India
5.12
153.80
5.12
Administrative Protective Order
This notice serves as the only
reminder to parties subject to the
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act.
Dated: July 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2021–15662 Filed 7–22–21; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:49 Jul 22, 2021
International Trade Administration
[A–588–879]
PET Resin From China
Dhunseri ....................................
JBF Industries Limited ..............
All Others ..................................
DEPARTMENT OF COMMERCE
Jkt 253001
Methionine From Japan: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
methionine from Japan are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) for the
period of investigation July 1, 2019,
through June 30, 2020.
DATES: Applicable July 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Scully, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0572.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 4, 2021, Commerce
published in the Federal Register the
preliminary affirmative determination
in the LTFV investigation of methionine
from Japan, in which we also postponed
the final determination until July 19,
2021.1 We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination may be found in the
Issues and Decision Memorandum.2
Scope of the Investigation
The product covered by this
investigation is methionine from Japan.
For a complete description of the scope
of this investigation, see Appendix I.
Analysis of Comments Received
All the issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
1 See Methionine from Japan: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances and Postponement of
Final Determination and Extension of Provisional
Measures, 86 FR 12625 (March 4, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Methionine from Japan,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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38983
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as Appendix II. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we have made
certain changes to the margin
calculations for Sumitomo Chemical
Company, Ltd. (Sumitomo Chemical).
For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Sumitomo Chemical.
Therefore, the only rate which is not
zero, de minimis, or determined entirely
under section 776 of the Act is the rate
calculated for Sumitomo Chemical.
Consequently, the rate calculated for
Sumitomo Chemical is also assigned as
the rate for all other producers and
exporters.
3 See Commerce’s Letter, ‘‘Request for
Documentation,’’ dated March 17, 2021; see also
Sumitomo Chemical’s Letter, ‘‘Methionine from
Japan: Resubmission of March 25, 2021 Verification
Questionnaire Response,’’ dated April 6, 2021.
E:\FR\FM\23JYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38982-38983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15662]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-025; C-533-862]
Polyethylene Terephthalate Resin From the People's Republic of
China and India: Final Results of the Expedited First Sunset Reviews of
the Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the Department
of Commerce (Commerce) finds that revocation of the countervailing duty
(CVD) orders on polyethylene terephthalate (PET) resin from the
People's Republic of China (China) and India would be likely to lead to
continuation or recurrence of countervailable subsidies at the levels
as indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable July 23, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2016, Commerce published the CVD orders on PET resin from
China and India in the Federal Register.\1\ On March 31, 2021, Commerce
published the notice of initiation of the first sunset reviews of the
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ Commerce received a notice of intent to
participate from DAK Americas, LLC, Indorama Ventures USA Inc., and Nan
Ya Plastics Corporation, America (collectively, domestic interested
parties) within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\
Each claimed interested party status under section 771(9)(C) of the Act
as domestic producers engaged in the production of PET resin in the
United States.
---------------------------------------------------------------------------
\1\ See Certain Polyethylene Terephthalate Resin from India and
the People's Republic of China: Countervailing Duty Order (India)
and Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order (People's Republic of China), 81 FR 27977
(May 6, 2016) (Orders).
\2\ See Initiation of Five-Year (Sunset) Review, 86 FR 16701
(March 31, 2021).
\3\ See Domestic Interested Parties' Letters, ``Five-Year
(Sunset) Review of the Countervailing Duty Order on Certain
Polyethylene Terephthalate Resin from the People's Republic of
China--Domestic Interested Parties' Notice of Intent to
Participate,'' dated April 15, 2021; and ``Five-Year (Sunset) Review
of the Countervailing Duty Order on Certain Polyethylene
Terephthalate Resin from India--Domestic Interested Parties' Notice
of Intent to Participate,'' dated April 15, 2021.
---------------------------------------------------------------------------
On April 30, 2021, Commerce received a substantive response from
the domestic interested parties within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).\4\ On May 3, 2021, two respondent interested
parties, CG Roxane, LLC (CG Roxane) and Niagara Bottling, LLC
(Niagara), filed substantive responses pursuant to 19 CFR
351.218(d)(3), to the record of the China sunset review.\5\ However,
for the substantive responses of respondent interested parties to be
considered adequate under this regulation, the respondents must account
for, on average, more than 50 percent (volume or value) of total
exports during the five-year period preceding the year of publication
of the initiation notice, pursuant to 19 CFR 351.218(e)(1)(ii)(A). CG
Roxane and Niagara failed to demonstrate this. We did not receive a
substantive response from any other interested party in these
proceedings.
---------------------------------------------------------------------------
\4\ See Domestic Interested Parties' Letters, ``Five-Year
(Sunset) Review of the Countervailing Duty Order on Certain
Polyethylene Terephthalate Resin from the People's Republic of
China--Domestic Interested Parties' Substantive Response to Notice
of Initiation,' dated April 30, 2021 (China Substantive Response);
and ``Five-Year (Sunset) Review of the Countervailing Duty Order on
Certain Polyethylene Terephthalate Resin from India--Domestic
Interested Parties' Substantive Response to Notice of Initiation,''
dated April 30, 2021 (India Substantive Response).
\5\ See CG Roxane's Letter, ``Sunset Review of Polyethylene
Terephthalate Resin from China and Oman: Response to Notice of
Institution,'' dated May 3, 2021; and Niagara's Letter, ``Sunset
Review of Polyethylene Terephthalate Resin from China: Response to
Notice of Institution,'' dated May 3, 2021.
---------------------------------------------------------------------------
On May 21, 2021, Commerce notified the U.S. International Trade
Commission (ITC) that it did not receive an adequate substantive
response from respondent interested parties.\6\ As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120-day) sunset reviews of these Orders.
---------------------------------------------------------------------------
\6\ See Commerce's Letter, ``Sunset Review for April 2021,''
dated May 21, 2021.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is polyethylene
terephthalate (PET) resin having an intrinsic viscosity of at least
0.70, but not more than 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 merchandise subject to
these orders is properly classified under subheading 3907.60.00.30 of
the Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the merchandise covered by these orders is
dispositive.
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum, including the likelihood of
continuation or recurrence of countervailable subsidies and the net
countervailable subsidy likely to prevail if the Orders were
revoked.\7\ The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Services System
(ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. A list of the issues discussed in
the decision memorandum is attached at the appendix to this notice.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Countervailing Duty Orders of
Polyethylene Terephthalate Resin from the People's Republic of China
and India,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Orders would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following rates:
[[Page 38983]]
------------------------------------------------------------------------
Net
countervailable
Manufacturer/producer/exporter subsidy rate
(percent)
------------------------------------------------------------------------
PET Resin From China
------------------------------------------------------------------------
Xingyu............................................... 7.53
Dragon Group......................................... 47.56
All Others........................................... 27.55
------------------------------------------------------------------------
PET Resin From India
------------------------------------------------------------------------
Dhunseri............................................. 5.12
JBF Industries Limited............................... 153.80
All Others........................................... 5.12
------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely written notification
of the destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act.
Dated: July 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2021-15662 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P
