US PET producers appeal ITC’s no-injury decision in dumping case

HOUSTON (ICIS)–Three producers of polyethylene terephthalate (PET) resin have filed an appeal to a recent finding that the US industry is not materially injured by imports from Brazil, Indonesia, Korea, Pakistan and Taiwan, the representing attorney firm announced on Monday.

DAK Americas, Indorama Ventures USA and Nan Ya Plastics Corp, America, have requested a court review of the US International Trade Commission’s (ITC) October negative final determination in the antidumping investigation on PET resin imports from the five regions.

“The domestic producers’ appeal charges that several key findings are not supported by the record compiled by the Commission,” said Kelley Drye & Warren in a news release. “Further, the ITC erred by ignoring critical data and failing to address or explain a number of important issues in the case.”

The antidumping investigation began in autumn 2017 after the three producers and M&G Polymers USA filed petitions with the ITC and the US Department of Commerce. Indorama was not a petitioner in the investigation against Indonesia.

In September 2018, the Commerce Department determined that PET resin from the five regions was sold in the US at less than fair value.

The final dumping margins were determined as follows:

Brazil	29.68-275.89%
Indonesia	30.61-53.50%
Korea	8.23-101.41%
Pakistan	43.81-59.92%
Taiwan	5.16-45.00%

As a result of the ITC decision, however, the US did not implement antidumping duties on such PET resin imports.

“The domestic producers look forward to an opportunity to present these claims to the court, and expect that as a result the ITC will reevaluate its injury determination,” Kelley Drye & Warren said. “DAK Americas, Indorama Ventures and Nan Ya Plastics remain certain that, ultimately, an affirmative injury determination is warranted.”

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Tableau interactive by Tracy Dang and Amanda Hay