[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27978-27979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10761]



[[Page 27977]]

Vol. 81

Friday,

No. 88

May 6, 2016

Part V





 Department of Commerce





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International Trade Administration





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Polyethylene Terephthalate Resin; Notices

  Federal Register / Vol. 81 , No. 88 / Friday, May 6, 2016 / Notices  

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-862, C-570-025]


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)

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing countervailing duty orders on certain 
polyethylene terephthalate (PET) resin from India and the People's 
Republic of China (PRC). Also, as explained in this notice, the 
Department is amending its final affirmative determination with respect 
to PET Resin from the PRC to correct rates assigned to Xingyu New 
Material Co., Ltd. (Xingyu) and all-other producers/exporters from the 
PRC.

DATES: Effective May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813 or 
John Corrigan at (202) 482-7438 (India); Yasmin Bordas or Emily Maloof 
at (202) 482-5649 (PRC), AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2016, the Department published its final 
determinations in the countervailing duty investigations of PET resin 
from India and the PRC.\1\
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    \1\ See Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin From India: Countervailing Duty 
Investigation of Certain Polyethylene Terephthalate Resin From 
India: Final Affirmative Determination and Final Affirmative 
Critical Circumstances Determination, in Part, 81 FR 13334 (March 
14, 2016); see also Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin From the People's Republic of 
China: Final Affirmative Determination, 81 FR 13337 (March 14, 2016) 
(Final Determinations).
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    On March 14, 2016, the Department received a timely allegation from 
DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics Corporation, 
America (Petitioners), that the Department made ministerial errors in 
the final determination in the CVD investigation of PET resin from the 
PRC.\2\ The Department analyzed Petitioners' comments and determined 
that ministerial errors exist, as defined by section 705(e) of the Act 
and 19 CFR 351.224(f). See ``Amendment to the PRC CVD Final 
Determination'' section below for further discussion.
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    \2\ See Letter from Petitioners, ``Investigation of Certain 
Polyethylene Terephthalate Resin from the People's Republic of 
China--Petitioners' Ministerial Error Comments,'' dated March 14, 
2016.
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    On April 28, 2016, the ITC notified the Department of its final 
determinations pursuant to sections 705(b)(1)(A)(i) and 705(d) of the 
Tariff Act of 1930, as amended (Act), that an industry in the United 
States is materially injured by reason of subsidized imports of PET 
resin from India and the PRC, and its determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from India \3\ that are subject to the Department's 
affirmative critical circumstances finding, in part.\4\
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    \3\ No critical circumstances were alleged with respect to 
imports of subject merchandise from China.
    \4\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITC 
Investigation Nos. 701-TA-531-532 and 731-TA-1270-1273 (April 28, 
2016) (ITC Notification).
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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 scope 
of these orders is dispositive.

Amendment to the PRC Final Determination

    As discussed above, after analyzing the comments received, we 
determined, in accordance with section 705(e) of the Act and 19 CFR 
351.224(e), that we made ministerial errors in certain calculations for 
the PRC Final Determination, with respect to Xingyu. This amended final 
CVD determination corrects these errors and revises the ad valorem 
subsidy rate for Xingyu. The amended ad valorem subsidy rate for Xingyu 
is 7.53 percent. The ad valorem subsidy rate for Xingyu was used to 
calculate the subsidy rate for all-other producers/exporters from the 
PRC, and, as such, the amended ad valorem subsidy rate for all-other 
producers/exporters in the PRC is 27.55 percent.\5\
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    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Response to Ministerial Error Comments Filed by Petitioners,'' 
dated May 2, 2016.
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Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC has notified the Department of its final determinations that 
the industry in the United States producing PET resin is materially 
injured by reason of subsidized imports of PET resin from India and the 
PRC, and that critical circumstances do not exist with respect to 
imports of subject merchandise from India that are subject to the 
Department's affirmative critical circumstances finding, in part. 
Therefore, in accordance with section 705(c)(2) of the Act, we are 
publishing these countervailing duty orders.
    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of PET resin 
from India and the PRC entered, or withdrawn from warehouse, for 
consumption on or after August 14, 2015, the date on which the 
Department published its preliminary countervailing duty determinations 
in the Federal Register,\6\ and before December 12, 2015, the effective 
date on which the Department instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Therefore, entries of PET resin made on or after 
December 12, 2015, and prior to the date of publication of the ITC's 
final

[[Page 27979]]

determination in the Federal Register are not liable for the assessment 
of countervailing duties due to the Department's discontinuation, 
effective December 12, 2015, of the suspension of liquidation.
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    \6\ See Countervailing Duty Investigation of Certain 
Polyethylene Terephthalate Resin From India: Preliminary Affirmative 
Determination, Preliminary Affirmative Critical Circumstance 
Determination, in Part, and Alignment of Final Determination With 
Final Antidumping Duty Determination, 80 FR 48819 (August 14, 2015); 
see also Countervailing Duty Investigation of Certain Polyethylene 
Terephthalate Resin From the People's Republic of China: Preliminary 
Affirmative Determination and Alignment of Final Determination With 
Final Antidumping Duty Determination, 80 FR 48810 (August 14, 2015) 
(Preliminary Determinations).
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Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of PET resin 
from India and the PRC, effective the date of publication of the ITC's 
notice of final determinations in the Federal Register, and to assess, 
upon further instruction by the Department pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise. On or after the date of 
publication of the ITC's final injury determinations in the Federal 
Register, CBP must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the rates noted below:

------------------------------------------------------------------------
                                                           Subsidy rate
              Exporter/producer from India                   (percent)
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Dhunseri Petrochem Ltd. (formerly Dhunseri Petrochem and            5.12
 Tea Ltd) (collectively, Dhunseri)......................
JBF Industries Limited..................................          153.80
All-Others..............................................            5.12
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------------------------------------------------------------------------
                                                              Amended
             Exporter/producer from the PRC                subsidy rate
                                                             (percent)
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Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye              7.53
 Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd.,
 Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye
 Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co.,
 Ltd., Jiangyin Hailun Petrochemicals Co., Ltd.,
 Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin
 Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang
 International Trading Co., Ltd., Jiangyin HuaYi
 Polymerization Co., Ltd., Jiangyin Xingsheng Plastic
 Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin
 Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical
 Fiber Co., Ltd., (collectively, Xingyu)................
Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu                  47.56
 Petrochemicals Co., Ltd.; Xianglu Petrochemicals
 (Zhangzhou) Co. Ltd.; Xiamen Xianglu Chemical Fiber
 Company Limited; and Dragon Aromatics (Zhangzhou) Co.,
 Ltd. (collectively, Dragon Group)......................
All-Others..............................................           27.55
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of PET resin from India, we will instruct CBP 
to lift suspension and to refund any cash deposits made to secure the 
payment of estimated countervailing duties with respect to entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after May 16, 2015 (i.e., 90 days prior to the date 
of the publication of the CVD Preliminary Determination), but before 
August 14, 2015 (i.e., the date of publication of the CVD Preliminary 
Determination).

Notifications to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to PET resin from India and the PRC pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B8024 of the main Commerce Building, for copies of an 
updated list of countervailing duty orders currently in effect.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10761 Filed 5-5-16; 8:45 am]
 BILLING CODE 3510-DS-P