[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67365-67367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25497]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-439-440 (Final) and 731-TA-1077-1080 
(Final)]


Polyethylene Terephthalate Resin From India, Indonesia, Taiwan, 
and Thailand

AGENCY: United States International Trade Commission.

[[Page 67366]]


ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigations Nos. 701-TA-439-440 
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized and allegedly subsidized imports from 
India and Thailand respectively of polyethylene terephthalate (PET) 
resin.\1\ The Commission also hereby gives notice of the scheduling of 
the final phase of antidumping investigations Nos. 731-TA-1077-1080 
(Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value (LTFV) imports from India, Indonesia, and Thailand 
and alleged LTFV imports from Taiwan of PET resin.
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as bottle-grade 
polyethylene terephthalate (``PET'') resin, defined as having an 
intrinsic viscosity of at least 0.68 deciliters per gram but not 
more than 0.86 deciliters per gram. The scope includes bottle-grade 
PET resin that contains various additives introduced in the 
manufacturing process. The scope does not include post-consumer 
recycle (``PCR'') or post-industrial recycle (``PIR'') PET resin; 
however, included in the scope is any bottle-grade PET resin blend 
of virgin PET bottle-grade resin and recycled PET (``RPET''). Waste 
and scrap PET are outside the scope of the investigation. Fiber-
grade PET resin, which has an intrinsic viscosity of less than 0.68 
deciliters per gram, is also outside the scope of the 
investigations.'' 69 FR 62852, 62857, 62862, and 62869. The 
merchandise subject to these investigations is reported under 
statistical reporting number 3907.60.0010 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''); however, merchandise 
classified under HTSUS statistical reporting number 3907.60.0050 
that otherwise meets the written description of the scope is also 
subject to these investigations.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective October 28, 2004.

FOR FURTHER INFORMATION CONTACT: Russell Duncan (202-708-4727), Office 
of Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background. The final phase of these 
investigations is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in India of PET resin, and that such products 
from India, Indonesia, and Thailand are being sold in the United States 
at LTFV within the meaning of section 733 of the Act (19 U.S.C. 1673b). 
The investigations were requested in a petition filed on March 24, 
2004, by the PET Resin Producers' Coalition, Washington, DC.
    Although the Department of Commerce has preliminarily determined 
that imports of PET resin from Thailand are not being and are not 
likely to be subsidized, and that imports of PET resin from Taiwan are 
not being and are not likely to be sold in the United States at LTFV, 
for purposes of efficiency the Commission hereby waives rule 207.21(b) 
\2\ so that the final phase of the investigations may proceed 
concurrently in the event that Commerce makes final affirmative 
determinations with respect to such imports.
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    \2\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    Participation in the investigations and public service list. 
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in the final phase of these investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report. The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 1, 
2005, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on March 15, 
2005, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before March 9, 2005. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on March 11, 
2005, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.
    Written submissions. Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the

[[Page 67367]]

provisions of section 207.23 of the Commission's rules; the deadline 
for filing is March 8, 2005. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
section 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of section 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is March 22, 2005; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations, including 
statements of support or opposition to the petition, on or before March 
22, 2005. On April 6, 2005, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before April 8, 2005, but such final comments must not contain new 
factual information and must otherwise comply with section 207.30 of 
the Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of sections 
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
rules do not authorize filing of submissions with the Secretary by 
facsimile or electronic means, except to the extent permitted by 
section 201.8 of the Commission's rules, as amended, 67 FR 68036 
(November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.


    Issued: November 12, 2004

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25497 Filed 11-16-04; 8:45 am]
BILLING CODE 7020-02-P