[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
------------------------------------------------------------------------

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