Page 47 - Plastics News July 2018

internAtionAL news

Texas Supreme Court says plastic China increases antidumping

bag bans are illegal duty on styrene monomer
imports from US
he Texas Supreme Court upheld an appeals court
Truling that the ban on plastic grocery bags in Laredo
is illegal. The Texas Supreme Court says the city of hina's Ministry of Commerce said in a statement
Laredo, Texas, is not permitted to ban plastic bags CFriday that it has notified styrene producers in
because such a move would violate the Texas Solid Waste
South Korea, Taiwan, and the United States of China's
final antidumping duty rates for styrene monomer
imports.In the initial ADD decision effective February
13 earlier this year, antidumping duties of 5%-10.7% was
implemented on styrene monomer from South Korea,
Taiwan, and the US. The duty varies according to the
company from which the cargo originates, and will be
paid to China's General Administration of Customs. After
multiple appeals from various SM makers following the
initial decision, antidumping duties on cargoes from
Disposal Act. In unanimous ruling, state's highest civil South Korea and Taiwan had been lowered for the
court said plastic bag bans violate a state law prohibiting final decision, while higher rates had been imposed
cities from reducing waste via bans. The state's highest on US-based producers. US producer LyondellBasell
court said plastic bag bans violate a state law prohibiting
cities from trying to reduce waste by banning "packages" will see the initial rate of 9.2% adjusted upwards to
and "containers." While acknowledging the vague 13.9%, while Westlake Styrene will see the initial rate
wording of the law, the court referenced the plain of 10.7% adjusted upwards to 13.7%. INEOS Styrolution
wording allowing for plastic bags. The Texas Supreme and Americas Styrenics will see initial rates of 9.2%
Court ruled in favor of businesses over environmentalists adjusted upwards to 13.9%, while all other US styrene
saying cities such as Austin cannot ban retailers from producers face a rate of 55.7%.In South Korea, Hanwha
providing disposable plastic bags for customers at Total Petrochemical Company and Yeochun NCC will
checkout counters.The ruling could affect a number of
cities throughout Texas that have banned businesses
from using single-use plastic bags. KXAN reports that
Texas Supreme Court Justic Nathan Hecht wrote, “We
must take the statutes as they are writte, and the one
before us is written quite clearly.” He was referencing
the Texas Solid Waste Disposal Act, which states: local
government may not adopt an ordinance to prohibit
or restrict, for solid waste management purposes, the
sale or use of a container or package in a manner not
authorized by state law.”Laredo’s ordinance was passed see initial rates lowered from 7.8% to 6.2%, while LG
in June 2014. The Laredo Merchants Association sued, Chemical and SK Global Chemical will see initial rates
KXAN reports, with an initial court ruling saying the city lowered from 8% to 6.6%. Lotte Chemical Corporation
could institute such a ban. However, an appeals court will see initial rates lowered from 8.4% to 7.5%.The final
overturned that ruling. While the city argued before duty imposed on Taiwanese producer Formosa Chemical
the Texas Supreme Court that plastic bags are not a Fiber Corp will be revised from 5% down to 3.8%, while
“container or package,” the court said otherwise. While all other Taiwanese producers will face a rate of 4.2%.
the court’s decision is specific to Laredo’s ordinance, it The final antidumping duties will be effective June 23,
could lead to legal challenges in other Texas cities that 2018, for a duration of five years.
have banned single-use plastic bags.

47 July 2018 Plastics News