FACT SHEET

Final Determinations in the Antidumping and Countervailing Duty Investigations on Imports of Bottle-Grade Polyethylene Terephthalate Resin from India, Indonesia, Taiwan, and Thailand

On March 15, 2005, the Department of Commerce (the Department) announced its final determinations in the above-referenced investigations. In the antidumping investigations, we found that Indian, Indonesian, and Thai producers/exporters sold Bottle-Grade Polyethylene Terephthalate (BG PET) Resin from India, Indonesia, and Thailand in the U.S. market at less than fair value, with margins ranging from 21.05 to 52.54 percent for India, 0.00 to 27.61 percent for Indonesia, and 24.83 to 41.28 percent for Thailand. For Taiwan, we calculated a de minimis dumping margin of 0.10 percent, and have determined that producers/exporters have not sold BG PET Resin in the U.S. market at less than fair value. Therefore, we have terminated the antidumping investigation on imports from Taiwan.

In the countervailing duty investigations, we found that countervailable subsidies were provided to producers/exporters of BG PET Resin from India, with net subsidy rates ranging from 6.15 percent to 20.26 percent, but found that subsidies provided to Thai producers/exporters were de minimis (less than two percent) and have therefore terminated the countervailing duty investigation on imports from Thailand.

Next Steps: The United States International Trade Commission (ITC) is currently scheduled to announce its final injury determinations on or before April 28. If the ITC makes an affirmative final determinations that imports of BG PET Resin from any of the investigated countries are materially injuring, or threatening material injury to, the domestic industry, the Department will issue antidumping and countervailing duty orders and will instruct U.S. Customs and Border Protection to collect cash deposits on imports of subject merchandise. If the ITC makes negative injury determinations, the investigations will be terminated and no orders will be issued. Because of the Department’s negative determinations in the countervailing duty investigation on imports from Thailand and in the antidumping investigation on imports from Taiwan, the ITC will not make injury determinations for these investigations.

Petitioners: The petition requesting these investigations was filed on March 24, 2004, by the United States PET Resin Producers Coalition, an ad hoc association of domestic producers of BG PET Resin. Individual members of the coalition include: DAK Americas, LLC (PA); Nan Ya Plastics Corporation America (SC); Voridian (TN); and Wellman, Inc.(NJ).

Product Description: The merchandise covered by these investigations is BG PET Resin. BG PET Resin is commonly used to manufacture bottles, sheet, and strapping, whose applications include packaging for consumer goods such as soft drinks, water, juice, fresh fruit, as well as cosmetics and household cleaners.

The scope includes BG PET Resin that contains various additives introduced in the manufacturing process. The scope of the investigations does not include post-consumer recycled or post-industrial recycled PET Resin, waste and scrap PET Resin, and fiber-grade PET Resin. Additional information on the scope of the investigations may be found in the Department’s Notice of Final Determination, to be published in the Federal Register.

The merchandise subject to these investigations is properly classified under subheading 3907.60.0010 of the Harmonized Tariff Schedule of the United States (HTSUS); however, merchandise classified under HTSUS subheading 3907.60.0050 that otherwise meets the written description of the scope is also subject to these investigations. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.

Final Dumping Margins::

Final Countervailing Net Subsidy Rates:

Case Calenders:

* The ITC will not make final determinations with respect to the antidumping duty investigation of Taiwan and the countervailing duty investigation of Thailand since the respondents received de minimis dumping margin in the final determination, in the case of Taiwan, and de minimis net subsidy rates in the final determination, in the case of Thailand.

** This will take place only in the event of a final affirmative determination from the International Trade Commission.

Import Statistics:

Source: U.S. ITC Trade DataWeb for HTS 3907.60.0010. (Note: merchandise classified under HTSUS subheading 3907.60.0050 that otherwise meets the written description of the scope is also subject to these investigations).