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AD: India, Indonesia & Thailand Bottle-Grade PET Resin

The International Trade Administration (ITA) has made final affirmative antidumping (AD) duty determinations that bottle-grade polyethylene terephthalate (PET) resin from India, Indonesia, and Thailand is being, or is likely to be, sold in the U.S. at less than fair value.

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Final Affirmative Antidumping Duty Determ
IndiaA-533-841
IndonesiaA-560-817
ThailandA-549-823

As a result, the ITA is directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation for all imports of subject merchandise from India, Indonesia, and Thailand (except for subject merchandise produced and exported by Indorama) with a time of entry on or after March 21, 2005.

The ITA further states that CBP will continue to require a cash deposit or the posting of a bond at the AD rate (equal to the weighted-average margin percentage) listed below, for imports of subject merchandise with a time of entry on or after March 21, 2005:

Liquidation SuspendedPost Bond/Cash Deposit
India:Antidumping (AD) Rate
South Asia Petrochem Ltd. (SAPL)N/A2
Reliance Industries Limited (Reliance)N/A2
All OthersN/A2
Indonesia:
P.T. Indorama Synthetics Tbk. (Indorama), as producer and exporter(a)
P.T. Polypet Karyapersada27.61% (unchanged)
P.T. SK Keris27.61% (unchanged)
All others18.41% (from 18.65%)
Thailand:
Bangkok Polyester Public Company, Ltd.24.83% (from 26.03%)
Thai Shinkong Industry Corporation, Ltd.41.28% (unchanged)
All others24.83% (from 26.03%)

The ITA states that while in the preliminary determination it had indicated that it would reduce the "all others" rate by the amount of SAPL's export subsidies, the ITA has now determined that it is more appropriate to reduce the "all others" rate by the amount of export subsidies found for "all others" in the companion countervailing (CV) duty investigation because it reflects the experiences of more than one company and is, therefore, more likely to reflect the actual experience of the non-investigated companies.

2 According to ITA sources, this AD rate is not yet available, as the rate has not yet been reduced by the amount of the CV duty determined to constitute an export subsidy in the companion CV duty investigation.

(a) a rate of zero (from a preliminary de minimis rate of 0.74%) for subject merchandise produced and exported by Indorama. Liquidation continues to not be suspended, and the ITA is expected to exclude merchandise produced and exported by Indorama from any future AD duty order.

Scope of India Investigation Clarified

In its final determination for India, the ITA has added the following text (indicated by ) to the following sentence in the scope of the investigation: The scope does not include post-consumer recycle (PCR) or post-industrial recycle (PIR) bottle-gradePET resin, etc.

(See ITA notices for more information. See ITT's Online Archives or 10/29/04 news, 04102920, for BP summary of the preliminary affirmative AD duty determinations for these three investigations. See ITT's Online Archives or 11/10/04 news, 04111040, BP summary on the postponement of the final AD duty determination for Indonesia, etc.

See ITT's Online Archives or 03/22/05 news, 05032235, for BP summary of the final negative AD duty determination for bottle-grade PET resin from Taiwan.

Daniel O'Brien (India)(202) 482-1376
Andrew McAllister(Indonesia)(202) 482-1174
Audrey Twyman (Thailand)(202) 482-3534

ITA notices (FR Pub 03/21/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-5553.pdf; http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1222.pdf, and http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1217.pdf