[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13319-13320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05703]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-855]
Certain Polyethylene Terephthalate Resin From Canada: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of certain polyethylene terephthalate resin (``PET
resin'') from Canada are being sold in the United States at less than
fair value (``LTFV''), as provided in section 735 of the Tariff Act of
1930, as amended (the ``Act''). The final weighted-average dumping
margins of sales at LTFV are listed below in the section entitled
``Final Determination Margins.''
DATES: Effective Date: March 14, 2016.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4081.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2015, the Department published in the Federal
Register the preliminary determination in the LTFV investigation of PET
resin from Canada.\1\ For a description of the events that have
occurred since the Preliminary Determination, see the Issue and
Decision Memorandum.\2\ 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 and to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\1\ See Certain Polyethylene Terephthalate Resin from Canada:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 80 FR 62019 (October
15, 2015) (``Preliminary Determination'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
``Certain Polyethylene Terephthalate Resin from Canada: Issues and
Decision Memorandum for the Final Determination of Sales at Less
Than Fair Value'' (``Issues and Decision Memorandum''), dated
concurrently with this notice.
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As explained in the memorandum from the Acting Assistant Secretary
for Enforcement & Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government because of snowstorm ``Jonas''. All
deadlines in this segment
[[Page 13320]]
of the proceeding have been extended by four business days. The revised
deadline for the final determination of this investigation is now March
4, 2016.\3\
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\3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
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Period of Investigation
The period of investigation (``POI'') is January 1, 2014, through
December 31, 2014.
Scope of the Investigation
The product covered by this investigation is certain PET resin from
Canada. For a full description of the scope of the investigation, see
Appendix I to this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum,
dated concurrently with and hereby adopted by this notice. A list of
the issues that parties raised, and to which we responded in the Issues
and Decision Memorandum, is attached to this notice as Appendix II.
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period January 1, 2014, through December
31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
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Selenis Canada.......................................... 13.60
All-Others.............................................. 13.60
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. We based our calculation of the ``all-others'' rate on the
margin calculated for Selenis Canada, the only mandatory respondent in
this investigation.
Disclosure
We will disclose to parties in this proceeding the calculations
performed for this final determination within five days of the date of
public announcement of our final determination, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of certain PET resin from Canada
which were entered, or withdrawn from warehouse, for consumption on or
after October 15, 2015, the date of publication of the Preliminary
Determination. We also will instruct CBP to require a cash deposit
equal to the weighted-average amount by which normal value exceeds U.S.
price, as follows: (1) The cash deposit rate for Selenis Canada will be
equal to the estimated weighted-average dumping margin determined in
this final determination; (2) if the exporter is not a firm identified
in this investigation but the producer is, the cash deposit rate will
be equal to the estimated weighted-average dumping margin established
for the producer of the subject merchandise; and (3) the cash deposit
rate for all other producers or exporters will be 13.60 percent. The
instructions suspending liquidation will remain in effect until further
notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (``ITC'') of our final
determination. As our final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine within 45
days whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of the subject
merchandise. If the ITC determines that such injury exists, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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
investigations 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 under
investigation is dispositive.
Appendix II
List of Topics in the Issues and Decision Memorandum
Comment 1: Whether the Department Should Use the Depreciation
Expenses Based On The Revaluation of Fixed Assets as Recorded in
Selenis Canada's 2014 Audited Financial Statements
Comment 2: Whether the Department Should Calculate Interest Expenses
Based On The Parent Company's 2014 Consolidated Financial Statements
Comment 3: Whether the Department Should Correct Selenis Canada's
Cost Data for Adjustments Outlined In the Cost Verification Report
Comment 4: Whether the Department Should Calculate Selenis Canada's
Costs on a Quarterly Average Basis Rather Than a Single Annual
Average
[FR Doc. 2016-05703 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P