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]

Download as PDF 38982 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. PO 00000 Frm 00013 Fmt 4703 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 http:// 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 http://enforcement.trade.gov/ frn/index.html. 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 23JYN1

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]


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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 http://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.
---------------------------------------------------------------------------

    \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