Polyethylene Terephthalate Resin From Canada, China, India, and Oman: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 41009-41010 [2021-16253]

Download as PDF Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 be received no later than August 30, 2021. ADDRESSES: You may submit comments and information at the Federal eRulemaking Portal: www.Regulations.gov. The identification number is ITA–2021–0003. Instructions: You must submit comments by the above method to ensure that the comments are received and considered. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments and information received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. Any comments and information must be in English or be accompanied by English translations to be considered. Commerce will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ITA-2021-0003. FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4203. SUPPLEMENTARY INFORMATION: Background Following a detailed economic analysis, Commerce has treated Russia as a market economy country since 2002.1 On June 30, 2021, Commerce received a petition on imports of UAN from Russia filed in proper form by CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC (collectively, the petitioner). In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleged that imports of UAN from Russia are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring and threaten to injure an industry in the United States. The petition also alleged that Russia should be treated as a non-market economy country for purposes of this investigation. Based upon our examination of the petition on UAN from Russia, the petition met the requirements of section 732 of the Act and Commerce subsequently initiated an AD investigation on July 20, 2021. Opportunity for Public Comment and Information Commerce invites public comment (including arguments, facts, and/or other information) on any aspect of Russia’s status as a market economy with regard to the factors listed in section 771(18)(B) of the Act, which are as follows: (i) The extent to which the currency of the foreign country is convertible into the currency of other countries; (ii) The extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (iii) The extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (iv) The extent of government ownership or control of the means of production; (v) The extent of government control over allocation of resources and over price and output decisions of enterprises; and (vi) Such other factors as the administering authority considers appropriate. Any comments and information must be received no later than August 30, 2021. Notification to Interested Parties This determination is issued and published in accordance with sections 751(b) and 771(18)(C)(ii) of the Act. Dated: July 23, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. [FR Doc. 2021–16252 Filed 7–29–21; 8:45 am] BILLING CODE 3510–DS–P 1 See Inquiry into the Status of the Russian Federation as a Non-Market Economy Country Under the U.S. Antidumping Law (A–821–816), dated June 6, 2002. VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 41009 DEPARTMENT OF COMMERCE International Trade Administration [A–122–855, A–570–024, A–533–861, A–523– 810] Polyethylene Terephthalate Resin From Canada, China, India, and Oman: Final Results of the Expedited First Sunset Reviews of the Antidumping 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 antidumping duty (AD) orders on polyethylene terephthalate (PET) resin from Canada, the People’s Republic of China (China), India, and the Sultanate of Oman (Oman) would likely lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable July 30, 2021. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 6, 2016, the Department of Commerce (Commerce) published AD orders on imports of PET resin from Canada, China, India, and Oman.1 On April 1, 2021, Commerce published the notice of initiation of the first sunset reviews of the AD Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 In April 2021, Commerce received notices of intent to participate within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i) from DAK Americas, LLC, Indorama Ventures USA Inc., Nan Ya Plastics Corporation America (collectively, domestic interested parties).3 These domestic interested parties claim interested party status under section 771(9)(C) of the Act, as 1 See Certain Polyethylene Terephthalate Resin from Canada, the People’s Republic of China, India, and the Sultanate of Oman: Amended Final Affirmative Antidumping Determination (Sultanate of Oman) and Antidumping Duty Orders, 81 FR 27979 (May 6, 2016) (AD Orders). 2 See Institution of Five-Year (Sunset) Reviews, 86 FR 17197 (April 1, 2021). 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Notice of Intent to Participate,’’ dated April 15, 2021. E:\FR\FM\30JYN1.SGM 30JYN1 lotter on DSK11XQN23PROD with NOTICES1 41010 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices Analysis of Comments Received manufacturers in the United States of the domestic like product. On April 30, 2021, Commerce received timely and adequate substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3).4 On May 3, 2021, two respondent interested parties, CG Roxane LLC (CG Roxane) and Niagara Bottling LLC (Niagara) filed substantive responses. Commerce determined that the respondent interested parties did not establish that they met the requirement in 19 CFR 351.218(e)(1)(ii)(A) and, thus, determined that their responses were inadequate.5 On May 21, 2021, Commerce notified the U.S. International Trade Commission that we 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 the AD Orders. A complete discussion of all issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Orders and the magnitude of the margins likely to prevail if the AD Orders were to be revoked, is provided in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. 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 http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn. Scope of the Orders Final Results of Reviews The merchandise covered by the AD Orders is 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 the AD 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 the AD Orders is dispositive. Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Orders would be likely to lead to the continuation or recurrence of dumping, and the magnitude of the weightedaverage dumping margins likely to prevail are up to 13.60 percent for Canada, 19.41 percent for India, 126.58 percent for China, and 7.62 percent for Oman. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated April 30, 2021. 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; see also Niagara’s letter, ‘‘Sunset Review of Polyethylene Terephthalate Resin from China: Response to Notice of Institution,’’ dated May 3, 2021. For details regarding the submissions of CG Roxane and Niagara, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Certain Polyethylene Terephthalate Resin from Canada, the People’s Republic of China, India, and the Sultanate of Oman,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on March 31, 2021’’, dated May 21, 2021. VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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 the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5). PO 00000 Dated: July 23, 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 Dumping 2. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2021–16253 Filed 7–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–897] Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) were not made at less than normal value during the period of review (POR) August 27, 2018, through April 30, 2020. We invite interested parties to comment on these preliminary results. DATES: Applicable July 30, 2021. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Sergio Balbontin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–6478, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 2, 2019, Commerce published the antidumping duty order on welded pipe from Korea.1 On July 10, 2020, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 1 See Large Diameter Welded Pipe from the Republic of Korea: Amended Final Affirmative Antidumping Determination and Antidumping Duty Order, 84 FR 18767 (May 2, 2019) (Order). Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41009-41010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855, A-570-024, A-533-861, A-523-810]


Polyethylene Terephthalate Resin From Canada, China, India, and 
Oman: Final Results of the Expedited First Sunset Reviews of the 
Antidumping 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 antidumping duty 
(AD) orders on polyethylene terephthalate (PET) resin from Canada, the 
People's Republic of China (China), India, and the Sultanate of Oman 
(Oman) would likely lead to the continuation or recurrence of dumping 
at the levels indicated in the ``Final Results of Review'' section of 
this notice.

DATES: Applicable July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 2016, the Department of Commerce (Commerce) published AD 
orders on imports of PET resin from Canada, China, India, and Oman.\1\ 
On April 1, 2021, Commerce published the notice of initiation of the 
first sunset reviews of the AD Orders, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin from Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Amended Final Affirmative Antidumping Determination (Sultanate of 
Oman) and Antidumping Duty Orders, 81 FR 27979 (May 6, 2016) (AD 
Orders).
    \2\ See Institution of Five-Year (Sunset) Reviews, 86 FR 17197 
(April 1, 2021).
---------------------------------------------------------------------------

    In April 2021, Commerce received notices of intent to participate 
within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i) from 
DAK Americas, LLC, Indorama Ventures USA Inc., Nan Ya Plastics 
Corporation America (collectively, domestic interested parties).\3\ 
These domestic interested parties claim interested party status under 
section 771(9)(C) of the Act, as

[[Page 41010]]

manufacturers in the United States of the domestic like product. On 
April 30, 2021, Commerce received timely and adequate substantive 
responses to the notice of initiation from the domestic interested 
parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3).\4\
---------------------------------------------------------------------------

    \3\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Notice of Intent to Participate,'' dated April 
15, 2021.
    \4\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated April 30, 2021.
---------------------------------------------------------------------------

    On May 3, 2021, two respondent interested parties, CG Roxane LLC 
(CG Roxane) and Niagara Bottling LLC (Niagara) filed substantive 
responses. Commerce determined that the respondent interested parties 
did not establish that they met the requirement in 19 CFR 
351.218(e)(1)(ii)(A) and, thus, determined that their responses were 
inadequate.\5\ On May 21, 2021, Commerce notified the U.S. 
International Trade Commission that we 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 the AD Orders.
---------------------------------------------------------------------------

    \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; see also Niagara's letter, 
``Sunset Review of Polyethylene Terephthalate Resin from China: 
Response to Notice of Institution,'' dated May 3, 2021. For details 
regarding the submissions of CG Roxane and Niagara, see Memorandum, 
``Issues and Decision Memorandum for the Expedited First Sunset 
Reviews of the Antidumping Duty Orders on Certain Polyethylene 
Terephthalate Resin from Canada, the People's Republic of China, 
India, and the Sultanate of Oman,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on March 
31, 2021'', dated May 21, 2021.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by the AD Orders is 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 the AD 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 the AD Orders is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the AD Orders and the magnitude of the 
margins likely to prevail if the AD Orders were to be revoked, is 
provided in the Issues and Decision Memorandum. A list of topics 
discussed in the Issues and Decision Memorandum is included as an 
appendix to this notice. 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 http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Orders would be likely to 
lead to the continuation or recurrence of dumping, and the magnitude of 
the weighted-average dumping margins likely to prevail are up to 13.60 
percent for Canada, 19.41 percent for India, 126.58 percent for China, 
and 7.62 percent for Oman.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective orders 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 the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5).

    Dated: July 23, 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 Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2021-16253 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P