Commerce Initiates Antidumping Investigation of Plastic Resin

On April 6, 2015, a notice was published in the Federal Register announcing the Department of Commerce is beginning an antidumping duty investigation of imports of polyethylene terephthalate (PET) resin from China, Canada, India and Oman.  The investigation must determine whether imports of PET resin from these countries are being, or are likely to be sold in the United States at less-than-fair value.  The petitions were filed on March 10, 2015 and pursuant to Commerce regulations the periods of investigation are January 1, 2014 through December 31, 2014 for Canada, India and Oman, and July 1, 2014 through December 31, 2014 for China.  For more information about the petition, see this post.

In accordance with Commerce regulations, Commerce is setting aside a period for interested parties to raise issues regarding the scope of the investigation.  However, as common with antidumping investigation procedure, the comment time is relatively short and all comments must be filed by April 20, 2015.  Any rebuttal comments must be filed by April 30, 2015. Currently, the scope of the investigation is 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, 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.”

As a non-market economy (NME) country, the 35 Chinese exporter/producers named in the petition will be issued quantity-and-value (Q&V) questionnaires and Commerce will base respondent selection on the responses received.  Exporters/producers of PET resin from the PRC that do not receive Q&V questionnaires may still submit a response.  The Q&V responses must be submitted by all Chinese exporter/producers by April 13, 2015.  Another important consideration for Chinese exporter/producers is whether to attempt to obtain separate-rate status by submitting a separate-rate application.  Separate-rate status may shield an exporter/producer from the typically higher country-wide rates assessed to China and other NME countries.  Separate-rate applications are due May 6, 2015.

In order for the investigation to continue, the U.S. International Trade Commission must make an affirmative preliminary injury determination.  This determination is scheduled to be make on or before April 24, 2015.

In 2014, imports of PET resin from Canada, China, India, and Oman were valued at an estimated $239 million, $92.1 million, $51.7 million, and $51.1 million, respectively.

If you have question about antidumping investigations, please contact Frohsin & Barger at (205)-933-4006 ext. 5.