Notice2022-07721
Polyethylene Terephthalate Resin From the People's Republic of China and India: Continuation of Countervailing 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
April 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the countervailing duty (CVD) orders on polyethylene terephthalate (PET) resin from the People's Republic of China (China) and India would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the CVD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21092-21093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07721]
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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: Continuation of Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the countervailing duty (CVD) orders on polyethylene
terephthalate (PET) resin from the People's Republic of China (China)
and India would likely lead to continuation or recurrence of net
countervailable subsidies and material injury to an industry in the
United States, Commerce is publishing this notice of continuation of
the CVD orders.
DATES: Applicable April 11, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or Yang Jin Chun, 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) 482-3896 or (202)
482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2016, Commerce published in the Federal Register the CVD
orders on PET resin from China and India.\1\ On March 31, 2021,
Commerce published the notice of initiation of the sunset reviews of
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ Commerce conducted expedited (120-day) sunset
reviews of these Orders, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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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 27978
(May 6, 2016) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701
(March 31, 2021).
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of countervailable
subsidies.\3\ Commerce, therefore, notified the ITC of the magnitude of
the net countervailable subsidy rates likely to prevail should the
Orders be revoked.\4\ On April 4, 2022, the ITC published its
determination, pursuant to section 751(c) of the Act, that revocation
of the Orders would likely lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\5\
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\3\ See 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, 86 FR 38982 (July
23, 2021) (Final Sunset Reviews), and accompanying Issues and
Decision Memorandum (IDM).
\4\ See Final Sunset Reviews IDM at 8.
\5\ See Polyethylene Terephthalate (PET) Resin from Canada,
China, India, and Oman, 87 FR 19531 (April 4, 2022).
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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,
[[Page 21093]]
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.\6\
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\6\ See 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, 86 FR 38982 (July
23, 2021).
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of countervailable subsidies and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the Act
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the
Orders. U.S. Customs and Border Protection will continue to collect CVD
cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise. The effective date of the continuation
of the Orders will be the date of publication in the Federal Register
of this notice of continuation. Pursuant to section 751(c)(2) of the
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next
sunset reviews of the Orders no later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: April 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-07721 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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