Notice2021-15662
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
Primary source
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Published
July 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 139 (Friday, July 23, 2021)</title>
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[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38982-38983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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\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.
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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.
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\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.
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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.
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\6\ See Commerce's Letter, ``Sunset Review for April 2021,''
dated May 21, 2021.
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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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://enforcement.trade.gov/frn/index.html">https://enforcement.trade.gov/frn/index.html</a>. A list of the issues discussed in
the decision memorandum is attached at the appendix to this notice.
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\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).
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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]]
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Net
countervailable
Manufacturer/producer/exporter subsidy rate
(percent)
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PET Resin From China
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Xingyu............................................... 7.53
Dragon Group......................................... 47.56
All Others........................................... 27.55
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PET Resin From India
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Dhunseri............................................. 5.12
JBF Industries Limited............................... 153.80
All Others........................................... 5.12
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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
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