PET Resin: New AD Duty Investigations Deadlines & Scope
The Commerce Department issued a notice in the Federal Register on its recently initiated antidumping duty investigations on polyethylene terephthalate resin from Brazil (A-351-852), Indonesia (A-560-832), South Korea (A-580-896), Pakistan (A-535-905) and Taiwan (A-583-862). The agency will determine whether imports of merchandise subject to these investigations are being sold in the U.S. at less than fair value.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped low-melt polyester staple fiber are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Nov. 13, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, currently due in March, it will set AD duty cash deposit requirements for imports of merchandise subject to these investigations. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it will pick respondents to the investigations on Brazil, Indonesia, South Korea and Taiwan based on CBP import data. For the Pakistan investigation, Commerce said it intends to select as respondents the only two Pakistani producers known to the agency. Comments on respondent selection in the Pakistan investigation are due Oct. 30.
Scope of the AD Duty Investigations
The merchandise covered by these investigations is polyethylene terephthalate (PET) resin having an intrinsic viscosity of at least 70, but not more than 88, milliliters per gram (0.70 to 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 subheadings 3907.61.0000 and 3907.69.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by these investigations is dispositive.
Comments on the scope of these investigations are due by Nov. 6.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 09/26/17 |
| DOC initiation date | 10/16/17 |
| ITC prelim determinations* | 11/13/17 |
| DOC prelim determinations† | 03/05/18 |
| DOC final determinations† | 05/21/18 |
| ITC final determinations‡ | 07/03/18 |
| Issuance of orders+ | 07/10/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1709270040 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is here.