[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12500-12502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04344]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-903]
Polyethylene Terephthalate Sheet From the Republic of Korea:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that polyethylene terephthalate sheet (PET sheet) from the Republic of
Korea (Korea) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
July 1, 2018 through June 30, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable March 3, 2020.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0189 or (202) 482-2437,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 27,
2019.\1\ On December 17, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
February 25, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice.
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\1\ See Polyethylene Terephthalate Sheet from the Republic of
Korea, Mexico, and the Sultanate of Oman: Initiation of Less-Than-
Fair-Value Investigations, 84 FR 44854 (August 27, 2019) (Initiation
Notice).
\2\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 84 FR
70941 (December 26, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polyethylene Terephthalate Sheet from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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The Preliminary 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 https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Scope of the Investigation
The product covered by this investigation is PET sheet from Korea.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Polyethylene Terephthalate Sheet from the
Republic of Korea: Preliminary Scope Decision Memorandum,'' dated
concurrently with this notice (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 733(b) of the Act. Constructed export prices have been
calculated in accordance with section 772(b) of the Act. Normal value
is calculated in accordance with section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available, with adverse
inferences, for non-participating mandatory respondent Plastech Co.
Ltd. (Plastech), as well as the following companies which did not
submit a response to Commerce's initial request for quantity and value
information: Chungdang Co., K Stout Co., Kemicolor Corp., KP Tech Ltd.,
Moojin Che, OKS Poly, Puyoung Industry Co., Samjin Plastic Co., Sangil
Corp., SK Chemicals, Tae Kwang New Tech. Co., Ltd., and Unidesign Co
(collectively, non-responsive companies). For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce
[[Page 12501]]
shall determine an estimated all-others rate for all exporters and
producers not individually examined. This 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 and de minimis margins, and any
margins determined entirely under section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to Plastech. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts otherwise available
is the rate calculated for Jin Young Chemical Co., Ltd. (JYC).
Consequently, the rate calculated for JYC is also assigned as the rate
for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Jin Young Chemical Co., Ltd................................. 8.02
Plastech Co., Ltd........................................... 52.01
Chungdang Co................................................ 52.01
K Stout Co.................................................. 52.01
Kemicolor Corp.............................................. 52.01
KP Tech Ltd................................................. 52.01
Moojin Che.................................................. 52.01
OKS Poly.................................................... 52.01
Puyoung Industry Co......................................... 52.01
Samjin Plastic Co........................................... 52.01
Sangil Corp................................................. 52.01
SK Chemicals................................................ 52.01
Tae Kwang New Tech. Co., Ltd................................ 52.01
Unidesign Co................................................ 52.01
All Others.................................................. 8.02
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Commerce is setting different deadlines for scope-related case and
rebuttal briefs, and case and rebuttal briefs addressing all other
issues.
Scope briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance no later than 30 days after the publication
of the preliminary antidumping duty (AD) determinations for Korea and
Oman in the Federal Register. Rebuttal scope briefs, limited to issues
raised in the scope case briefs, may be submitted no later than three
days after the deadline for the scope case briefs. These deadlines are
based on publication in the Federal Register of the preliminary
determinations in the AD investigations of PET sheet. There is only one
briefing schedule for scope case and rebuttal briefs in the AD
investigations. For all scope issues, parties must file separate and
identical documents on the records of all of the ongoing AD PET sheet
investigations. No new factual information should be included in scope
case briefs or rebuttal scope briefs, and no proprietary information
should be submitted in the scope case briefs and rebuttal scope briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing on the revised scope, limited to issues raised in the
scope case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, separate from the hearing on issues raised in case briefs,
within five days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Scope comments may only be included in the scope case brief and
scope rebuttal brief. Should this investigation result in an order,
interested parties may submit requests for a scope ruling afterwards.
Case briefs or other non-scope written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the last verification report is
issued in this investigation. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than five days after the
deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
[[Page 12502]]
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On February 18, 2020, pursuant to 19 CFR 351.210(e), JYC requested
that, contingent upon an affirmative preliminary determination of sales
at LTFV, Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months. In addition,
on February 14, 2020, the petitioners \8\ requested that Commerce fully
postpone the deadline for the final determination in this
investigation. In accordance with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\8\ The petitioners are Advanced Extrusion Inc., Ex-Tech
Plastics, Inc., and Multi-Plastics Extrusions, Inc.
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether subject imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is raw,
pretreated, or primed polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal thicknesses of equal to or
greater than 7 mil (0.007 inches or 177.8 [mu]m) and not exceeding
45 mil (0.045 inches or 1,143 [mu]m) (PET sheet). The scope includes
all PET sheet whether made from prime (virgin) inputs or recycled
inputs, as well as any blends thereof. The scope includes all PET
sheet meeting the above specifications regardless of width, color,
surface treatment, coating, lamination, or other surface finish.
The merchandise subject to this investigation is properly
classified under statistical reporting number 3920.62.0090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS statistical reporting number is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020-04344 Filed 3-2-20; 8:45 am]
BILLING CODE 3510-DS-P