[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27979-27982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10762]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855, A-533-861, A-523-810, A-570-024]


Certain Polyethylene Terephthalate Resin From Canada, the 
People's Republic of China, India, and the Sultanate of Oman: Amended 
Final Affirmative Antidumping Determination (Sultanate of Oman) and 
Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing antidumping duty orders on 
certain polyethylene terephthalate (``PET'') resin from Canada, the 
People's Republic of China (``PRC''), India, and the Sultanate of Oman 
(``Oman''). In addition, as a result of a ministerial error, the 
Department is amending its final determination of sales at less-than-
fair-value (``LTFV'') with regard to PET resin from Oman.

DATES: Effective May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 
(Canada), Steve Bezirganian at (202) 482-1131 (PRC), Fred Baker at 
(202) 482-2924 (India), or Jonathan Hill at (202) 482-3518 (Oman), AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.210(c), on March 14, 
2016, the Department published its affirmative final determinations in 
the LTFV investigations of certain PET resin from Canada, the PRC, 
India, and Oman.\1\ On March 14, 2016, the Department received a timely 
allegation from OCTAL SAOC--FZC (``OCTAL'') that the Department made 
ministerial errors in the final determination in the AD

[[Page 27980]]

investigation of PET resin from Oman.\2\ The Department analyzed 
OCTAL's comments and determined that ministerial errors exist, as 
defined by section 735(e) of the Act and 19 CFR 351.224(f). See 
``Amendment to Oman Final Determination'' section below for further 
discussion.
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    \1\ See Certain Polyethylene Terephthalate Resin from Canada: 
Final Determination of Sales at Less Than Fair Value, 81 FR 13319 
(March 14, 2016) (``Canada Final''); Certain Polyethylene 
Terephthalate Resin from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 81 FR 13331 (March 
14, 2016) (``PRC Final''); Certain Polyethylene Terephthalate Resin 
from India: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, 81 FR 
13327 (March 14, 2016) (``India Final''); and Certain Polyethylene 
Terephthalate Resin from the Sultanate of Oman: Final Determination 
of Sales at Less Than Fair Value, 81 FR 13336 (March 14, 2016) 
(``Oman Final'').
    \2\ See Letter from OCTAL, ``OCTAL's Request to Correct 
Ministerial Errors in Final Determination Certain Polyethylene 
Terephthalate (PET) Resin from the Sultanate of Oman,'' dated March 
14, 2016.
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    On April 28, 2016, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of certain PET resin from Canada, 
India, the PRC, and Oman and its determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from India \3\ that are subject to the Department's 
affirmative critical circumstances finding.\4\
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    \3\ No critical circumstances were alleged with respect to 
imports of subject merchandise from Canada, the PRC, or Oman.
    \4\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
certain polyethylene terephthalate resin from Canada, China, India, 
and Oman (April 28, 2016) (``ITC Letter''); see also Certain 
Polyethylene Terephthalate Resin from Canada, China, India, and 
Oman, USITC Investigation Nos. 701-TA-531-532 and 731-TA-1270-1273 
(Final), USITC Publication 4604 (April 2016).
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Scope of the Orders

    The merchandise covered by these orders is 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 these orders 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 covered by these orders is dispositive.

Amendment to Oman Final Determination

    On March 14, 2016, OCTAL submitted an allegation claiming that the 
Department made a ministerial error because its comparison market 
program failed to recognize the gross unit prices for all home market 
sales transactions invoiced in United States Dollars (``USD'').\5\ A 
ministerial error is defined as an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.\6\
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    \5\ See Letter from OCTAL to the Secretary of Commerce ``OCTAL's 
Request to Correct Ministerial Errors in Final Determination Certain 
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,'' 
dated March 14, 2016.
    \6\ See section 735(e) of the Act.
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    The Department reviewed the record and agrees that the error 
referenced in OCTAL's allegation constitutes a ministerial error within 
the meaning of 19 CFR 351.224(f).\7\ Specifically, the Department 
inadvertently omitted from its price comparisons the gross unit prices 
reported in the comparison market database for sales transactions in 
which the gross unit price was reported in USD.\8\ As a result of this 
omission, normal value (``NV'') was not calculated for all of OCTAL's 
comparison market sales transactions and thus, a comparison between 
U.S. sales prices and NVs using all appropriate NVs was not made.\9\ 
Accordingly, because NV was not calculated for all comparison market 
sales, the Department is revising the comparison market programing 
language in a manner which will result in the program recognizing the 
gross unit prices of sales transactions for which the gross unit price 
was reported in USD.\10\ Pursuant to 19 CFR 351.224(f), the Department 
is amending the Oman Final to reflect the correction of the ministerial 
error described above. Based on our correction, OCTAL's weighted-
average dumping margin decreased from 7.82 percent to 7.62 percent. In 
addition, because the ``all-others'' rate is based on OCTAL's dumping 
margin, the Department has revised the all-others rate in this amended 
final determination accordingly.\11\
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    \7\ See Final Determination in the Antidumping Duty 
Investigation of Certain Polyethylene Terephthalate Resin from the 
Sultanate of Oman: Ministerial Error Memorandum,'' dated April 4, 
2016.
    \8\ Id.
    \9\ Id.
    \10\ Id.
    \11\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
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Antidumping Duty Orders

    As stated above, on April 28, 2016, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of certain PET resin from Canada, the PRC, India, and Oman and 
that critical circumstances do not exist with respect to imports of 
subject merchandise from India that are subject to the Department's 
affirmative critical circumstances finding.\12\ Therefore, in 
accordance with section 735(c)(2) of the Act, the Department is issuing 
these antidumping duty orders. Because the ITC determined that imports 
of certain PET resin from Canada, the PRC, India, and Oman are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Canada, the PRC, India, and Oman, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
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    \12\ See ITC Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the NV of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of certain PET resin from Canada, the PRC, India, and 
Oman. Antidumping duties will be assessed on unliquidated entries of 
certain PET resin from Canada, the PRC, India, and Oman entered, or 
withdrawn from warehouse, for consumption on or after October 15, 2015, 
the date of publication of the preliminary determinations,\13\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the

[[Page 27981]]

ITC's final injury determination as further described below.
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    \13\ See Certain Polyethylene Terephthalate Resin from Canada: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 80 FR 62019 (October 
15, 2015) (``Canada Prelim''); Certain Polyethylene Terephthalate 
Resin From the People's Republic of China: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 80 FR 62024 (October 15, 2015) (``PRC Prelim''), as 
corrected by Certain Polyethylene Terephthalate Resin From the 
People's Republic of China: Notice of Correction to Preliminary 
Affirmative Less Than Fair Value Determination, 80 FR 69643 
(November 10, 2015); Certain Polyethylene Terephthalate Resin From 
India: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination, 80 FR 62029 
(October 15, 2015) (``India Prelim''); and 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) 
(``Oman Prelim'').
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of certain PET resin from Canada, the PRC, India, and Oman. 
These instructions suspending liquidation will remain in effect until 
further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below, which are adjusted for certain 
countervailable subsidies, where appropriate, as described below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the cash deposit rates listed 
below.\14\ The relevant all-others rates apply to all producers or 
exporters not specifically listed. For the purpose of determining cash 
deposit rates, the estimated weighted-average dumping margins for 
imports of subject merchandise from the PRC and India have been 
adjusted, as appropriate, for export subsidies found in the final 
determinations of the companion countervailing duty investigations of 
this merchandise imported from the PRC and India.\15\ Regarding the 
cash deposit rates for subject merchandise from the PRC, estimated 
weighted-average dumping margins were also adjusted, where appropriate, 
for estimated domestic subsidy pass-through.\16\
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    \14\ See section 736(a)(3) of the Act.
    \15\ See PRC Final and India Final. See also section 
772(c)(1)(C) of the Act.
    \16\ See section 777A(f) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain PET resin from Canada, the PRC, India, and Oman, 
the Department extended the four-month period to six months in each 
case.\17\ In the underlying investigations, the Department published 
the preliminary determinations on October 15, 2015. Therefore, the 
extended period, beginning on the date of publication of the 
preliminary determination, ended on April 11, 2016. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
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    \17\ See Canada Prelim; PRC Prelim; India Prelim; and Oman 
Prelim.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, the Department will instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain PET resin from Canada, the PRC, India, 
and Oman entered, or withdrawn from warehouse, for consumption after 
April 11, 2016, the date on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from India, the 
Department will instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after July 17, 2015 (i.e., 90 
days prior to the date of publication of the India Prelim), but before 
October 15, 2015, (i.e., the date of publication of the India Prelim).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages and cash 
deposit rates are as follows:

------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Canada:
    Selenis Canada......................           13.60           13.60
    All-Others..........................           13.60           13.60
India:
    Dhunseri Petrochem, Ltd.............           19.41           14.31
    Ester Industries, Ltd...............           14.23            9.31
    JBF Industries, Ltd.................           19.41            0.00
    Reliance Industries, Ltd............            8.03            2.93
    All-Others..........................           11.13            6.03
------------------------------------------------------------------------


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                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumping margin  rate (percent)
                                                                                     (percent)         \18\
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PRC:
    Far Eastern Industries (Shanghai) Ltd. or   Far Eastern Industries                    104.98           99.29
     Oriental Industries (Suzhou) Limited.       (Shanghai) Ltd. or Oriental
                                                 Industries (Suzhou) Limited.

[[Page 27982]]

 
    Jiangyin Xingyu New Material Co., Ltd. or   Jiangyin Xingyu New Material              118.32          114.15
     Jiangsu Xingye Plastic Co., Ltd. or         Co., Ltd. or Jiangsu Xingye
     Jiangyin Xingjia Plastic Co., Ltd. or       Plastic Co., Ltd. or Jiangyin
     Jiangyin Xingtai New Material Co., Ltd.     Xingjia Plastic Co., Ltd. or
     or Jiangsu Xingye Polytech Co., Ltd.        Jiangyin Xingtai New Material
                                                 Co., Ltd. or Jiangsu Xingye
                                                 Polytech Co., Ltd.
    Dragon Special Resin (XIAMEN) Co., Ltd....  Dragon Special Resin (XIAMEN)             114.47          100.85
                                                 Co., Ltd.
    Hainan Yisheng Petrochemical Co., Ltd.....  Hainan Yisheng Petrochemical              114.47          105.70
                                                 Co., Ltd.
    Shanghai Hengyi Polyester Fiber Co., Ltd..  Shanghai Hengyi Polyester Fiber           114.47          105.70
                                                 Co., Ltd.
    Zhejiang Wankai New Materials Co., Ltd....  Zhejiang Wankai New Materials             114.47          105.70
                                                 Co., Ltd.
    PRC-Wide Entity...........................                                            126.58          125.75
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\18\ Certain PRC cash deposit rates have changed since the PRC Final to reflect certain changes to the subsidy
  rates in the amended final determination of the companion countervailing duty investigation. See Memorandum
  from Tyler Weinhold, International Trade Analyst, AD/CVD Operations, Office VI and Steve Bezirganian,
  International Trade Analyst, AD/CVD Operations, Office VI to Robert James, Program Manager, AD/CVD Operations,
  Office VI ``Certain Polyethylene Terephthalate Resin from the People's Republic of China: Adjustment to Final
  Double Remedies Calculations to Account for Corrections of Ministerial Errors in the Companion Countervailing
  Duty Investigation,'' dated concurrently with this notice.


------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Oman:
    OCTAL SAOC-FZC......................            7.62            7.62
    All-Others..........................            7.62            7.62
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
certain PET resin from Canada, the PRC, India, and Oman pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10762 Filed 5-5-16; 8:45 am]
BILLING CODE 3510-DS-P