New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman
By Douglas J. Heffner, Richard P. Ferrin and Jared A. Angle
Advanced Extrusion, Inc., Ex-Tech Plastics, Inc., and Multi-Plastics Extrusions, Inc. (“petitioners”), on July 9, 2019, filed antidumping (AD) petitions on imports of certain polyethylene terephthalate sheet (“PET sheet”) from Korea, Mexico, and Oman.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of certain PET sheet.
Scope
The merchandise covered by these petitions is raw, pretreated, or primed polyethylene terephthalate sheet, whether extruded or coextruded, in thicknesses of equal to or greater than 7 mil (0.007 inches or 177.8 μm) and not exceeding 45 mil (0.045 inches or 1143 μm) ("PET sheet"). The scope includes all PET sheet whether made from prime (virgin) inputs or recycled inputs, as well as any blends thereof. The scope includes all PET sheet meeting the above specifications regardless of color, surface treatment, coating, lamination, or other surface finish.
The merchandise subject to these investigations is properly classified under statistical reporting number 3920.62.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS statistical reporting number is provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Alleged Dumping Margins
The petitioners allege the following dumping margins:
- Korea: 44.45 percent to 52.39 percent
- Mexico: 27.70 percent to 120.79 percent
- Oman: 75.02 percent to 119.23 percent
Estimated Schedule of Investigations
- July 9, 2019 – Petition is filed
- July 29, 2019 – DOC initiates investigation
- July 30, 2019 – ITC staff conference
- August 23, 2019 – Deadline for ITC preliminary injury determinations
- December 16, 2019 – Deadline for DOC preliminary AD determination, if not postponed
- February 4, 2020 – Deadline for DOC preliminary AD determination, if fully postponed
- June 18, 2020 – Deadline for DOC final AD determinations, if both preliminary and final determinations are fully postponed
- August 3, 2020 – Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines
For further information, contact Douglas J. Heffner, Richard P. Ferrin, or any other member of the Customs and International Trade Team.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
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