[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21092-21093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07721]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-025; C-533-862]


Polyethylene Terephthalate Resin From the People's Republic of 
China and India: Continuation of Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the countervailing duty (CVD) orders on polyethylene 
terephthalate (PET) resin from the People's Republic of China (China) 
and India would likely lead to continuation or recurrence of net 
countervailable subsidies and material injury to an industry in the 
United States, Commerce is publishing this notice of continuation of 
the CVD orders.

DATES: Applicable April 11, 2022.

FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or Yang Jin Chun, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3896 or (202) 
482-5760, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 2016, Commerce published in the Federal Register the CVD 
orders on PET resin from China and India.\1\ On March 31, 2021, 
Commerce published the notice of initiation of the sunset reviews of 
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ Commerce conducted expedited (120-day) sunset 
reviews of these Orders, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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    \1\ See Certain Polyethylene Terephthalate Resin from India and 
the People's Republic of China: Countervailing Duty Order (India) 
and Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order (People's Republic of China), 81 FR 27978 
(May 6, 2016) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 
(March 31, 2021).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of countervailable 
subsidies.\3\ Commerce, therefore, notified the ITC of the magnitude of 
the net countervailable subsidy rates likely to prevail should the 
Orders be revoked.\4\ On April 4, 2022, the ITC published its 
determination, pursuant to section 751(c) of the Act, that revocation 
of the Orders would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \3\ See Polyethylene Terephthalate Resin from the People's 
Republic of China and India: Final Results of the Expedited First 
Sunset Reviews of the Countervailing Duty Orders, 86 FR 38982 (July 
23, 2021) (Final Sunset Reviews), and accompanying Issues and 
Decision Memorandum (IDM).
    \4\ See Final Sunset Reviews IDM at 8.
    \5\ See Polyethylene Terephthalate (PET) Resin from Canada, 
China, India, and Oman, 87 FR 19531 (April 4, 2022).
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Scope of the Orders

    The merchandise covered by these Orders is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
0.70, but not more than 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,

[[Page 21093]]

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 Orders is properly classified under 
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise covered by these Orders is dispositive.\6\
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    \6\ See Polyethylene Terephthalate Resin from the People's 
Republic of China and India: Final Results of the Expedited First 
Sunset Reviews of the Countervailing Duty Orders, 86 FR 38982 (July 
23, 2021).
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of countervailable subsidies and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the 
Orders. U.S. Customs and Border Protection will continue to collect CVD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next 
sunset reviews of the Orders no later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: April 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-07721 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-DS-P