[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13336-13337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05705]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Certain Polyethylene Terephthalate Resin From the Sultanate of
Oman: Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of certain polyethylene terephthalate resin (``PET
resin'') from the Sultanate of Oman (``Oman'') are being sold in the
United States at less than fair value (``LTFV''), as provided in
section 735 of the Tariff Act of 1930, as amended (the ``Act''). The
final weighted-average dumping margins of sales at LTFV are listed
below in the section entitled ``Final Determination Margins.''
DATES: Effective Date: March 14, 2016.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3518.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2015, the Department published in the Federal
Register the preliminary determination in the LTFV investigation of PET
resin from Oman.\1\ For a description of the events that have occurred
since the Preliminary Determination, see the Issue and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\1\ See Certain Polyethylene Terephthalate Resin From the
Sultanate of Oman: Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 80 FR
62021 (October 15, 2015) (``Preliminary Determination'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
``Certain Polyethylene Terephthalate Resin From the Sultanate of
Oman: Issues and Decision Memorandum for the Final Determination of
Sales at Less-Than-Fair Value'' (``Issues and Decision
Memorandum''), dated concurrently with this notice.
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As explained in the memorandum from the Acting Assistant Secretary
for Enforcement & Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government because of snowstorm ``Jonas''. All
deadlines in this segment of the proceeding have been extended by four
business days. The revised deadline for the final determination of this
investigation is now March 4, 2016.\3\
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\3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
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Period of Investigation
The period of investigation (``POI'') is January 1, 2014, through
December 31, 2014.
Scope of the Investigation
The product covered by this investigation is certain PET resin from
Oman. For a full description of the scope of the investigation, see
Appendix I to this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice, and which is hereby adopted by this notice. A
list of the issues addressed in the Issues and
[[Page 13337]]
Decision Memorandum is appended to the notice.
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period January 1, 2014, through December
31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC............................................. 7.82
All-Others................................................. 7.82
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. We based our calculation of the ``all-others'' rate on the
margin calculated for OCTAL, the only mandatory respondent in this
investigation.
Disclosure
We will disclose to parties in this proceeding the calculations
performed for this final determination within five days of the date of
public announcement of our final determination, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of certain PET resin from Oman which
were entered, or withdrawn from warehouse, for consumption on or after
October 15, 2015, the date of publication of the Preliminary
Determination. We also will instruct CBP to require a cash deposit
equal to the weighted-average amount by which normal value exceeds U.S.
price, as follows: (1) The cash deposit rate for OCTAL will be equal to
the estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a firm identified in this
investigation but the producer is, the cash deposit rate will be equal
to the estimated weighted-average dumping margin established for the
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers or exporters will be 7.82 percent. The instructions
suspending liquidation will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (``ITC'') of our final
determination. As our final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine within 45
days whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of the subject
merchandise. If the ITC determines that such injury exists, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is polyethylene
terephthalate (PET) resin having an intrinsic viscosity of at least
0.70, but not more than 0.88, deciliters per gram. The scope
includes blends of virgin PET resin and recycled PET resin
containing 50 percent or more virgin PET resin content by weight,
provided such blends meet the intrinsic viscosity requirements
above. The scope includes all PET resin meeting the above
specifications regardless of additives introduced in the
manufacturing process. The merchandise subject to this investigation
is properly classified under subheading 3907.60.00.30 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs
purposes, the written description of the merchandise under
investigation is dispositive.
Appendix II-- List of Topics in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues:
Comment 1: Sale Type Classification Export Price or Constructed
Export Price
Comment 2: Indirect Selling Expenses Incurred in the United
States
Comment 3: Affiliated Party Expenses
Comment 4: Ministerial Errors
Comment 5: Cost Data Revisions
V. Recommendation
[FR Doc. 2016-05705 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P