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New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman

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

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About this Author

Douglass Heffner, International trade lawyer, Drinker Biddle
Partner

Douglas J. Heffner litigates customs and international trade matters including antidumping duty, countervailing duty and safeguard cases. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, to consumer and industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.

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Richard P Ferrin, International Trade Lawyer, Drinker Biddle
Counsel

Richard P. Ferrin advises clients about international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels. He advocates for his client in global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations. Richard has represented foreign manufacturers, foreign exporters, and U.S. importers in antidumping and countervailing duty proceedings before the U.S. International Trade Commission, and in judicial review of administrative actions at the U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit and North American Free Trade Agreement binational panels. In addition, Richard advises importers on how to minimize antidumping duty liability.

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Jared A. Angle Drinker Biddle Law Firm
International Trade Analyst

Jared A. Angle brings a wealth of experience in international trade policy and compliance issues, including antidumping/countervailing duty investigations, Department of Commerce verifications, and Section 201, 232 and 301 investigations. He provides deep analyses of trade matters for clients, leveraging his strong background in international affairs research and economics. Jared has worked with government agencies such as the U.S. International Trade Commission, Department of Commerce and U.S. Trade Representative, as well as major chemicals and...

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