Notice2021-16253
Polyethylene Terephthalate Resin From Canada, China, India, and Oman: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 30, 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 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41009-41010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16253]
-----------------------------------------------------------------------
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 <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 on the internet at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
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
</pre></body>
</html>Indexed from Federal Register on July 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.