PET Resin: Commerce Issues Final AD Duty Determinations
The Commerce Department issued its final determinations in the antidumping duty investigations on polyethylene terephthalate resin from India (A-533-861) (here), Canada (A-122-855) (here), Oman (A-523-810) (here) and China (A-570-024) (here). The agency made changes to cash deposit requirements for these countries that will take effect for subject merchandise entered on or after March 14.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for April 18. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce also found illegal subsidization in its concurrent countervailing duty investigations on PET resin from China and India (see 1603110012).
Critical Circumstances for India; Cash Deposits Retroactive 90 Days
Commerce continued to find that all Indian companies increased their exports to the U.S. in the run up to the preliminary determination, in an attempt to get in as much product as possible before the imposition of cash deposit requirements. This "critical circumstances" finding by the agency allows it to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise from India back to 90 days before the preliminary determination, i.e. July 17, 2015. Commerce made no such finding for Canada, Oman and China, so suspension of liquidation only applies for those countries for entries on or after Oct. 15.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation of subject uncoated paper and require an AD duty cash deposit equal to the following AD rates:
Canada.
| Manufacturer/Exporter | AD Rate |
|---|---|
| Selenis Canada Inc. | 13.6% (from 13.29%) |
| All Others | 13.6% (from 13.29%) |
India.
| Manufacturer/Exporter | AD Rate | Adjusted Rate* |
|---|---|---|
| Dhunseri Petrochem, Ltd. | 19.41% (unchanged) | 14.31% (from 14.28%) |
| Ester Industries, Ltd. | 14.23% (from 10.68%) | 9.13% (from 5.55%) |
| JBF Industries, Ltd. | 19.41% (unchanged) | 0% (unchanged) |
| Reliance Industries, Ltd. | 8.03% (from 6.31%) | 2.93% (from 1.18%) |
| All Others | 11.13% (from 8.5%) | 6.03% (from 3.37%) |
China.
| Exporter | Producer | AD Rate | Adjusted Rate* |
|---|---|---|---|
| Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited | Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited | 104.98% (from 125.12%) | 99.29% (from 123.29%) |
| Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. | Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. | 118.32% (from 131.16%) | 114.25% (from 130.36%) |
| Dragon Special Resin (XIAMEN) Co., Ltd. | Dragon Special Resin (XIAMEN) Co., Ltd. | 114.47% (from 129.42%) | 100.9% (from 126.57%) |
| Hainan Yisheng Petrochemical Co., Ltd. | Hainan Yisheng Petrochemical Co., Ltd. | 114.47% (from 129.42%) | 105.75% (from 127.59%) |
| Shanghai Hengyi Polyester Fiber Co., Ltd. | Shanghai Hengyi Polyester Fiber Co., Ltd. | 114.47% (from 129.42%) | 105.75% (from 127.59%) |
| Zhejiang Wankai New Materials Co., Ltd. | Zhejiang Wankai New Materials Co., Ltd. | 114.47% (from 129.42%) | 105.75% (from 127.59%) |
| China-wide Entity | 126.58% (from 145.94%) | 125.75% (from 145.14%) |
Oman.
| Manufacturer/Exporter | AD Rate |
|---|---|
| OCTAL SAOC FZC | 7.82% (from 6.62%) |
| All Others | 7.82% (from 6.62%) |
*As adjusted for export subsidies found in the preliminary CV duty determinations on PET resin from China and India. The period for suspension of liquidation and collection of cash deposits in these CV duty investigations expired Dec. 11. These adjusted rates will only apply if CV duty suspension of liquidation and the collection of CV duty cash deposits is reinstated through a CV duty order.
(The period of investigation is 01/01/14 -- 12/31/14 for Canada, India and Oman, and 07/01/14 -- 12/31/14 for China. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1510140013 for summary of the preliminary AD duty determinations.)