[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64460-64462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-810]


Polyethylene Terephthalate Resin From the Sultanate of Oman: 
Final Results of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that OCTAL 
SAOC-FZC (OCTAL) did not make sales of polyethylene terephthalate resin 
(PET resin) from the Sultanate of Oman (Oman) at less than normal value 
during the period of review (POR), May 1, 2017 through April 30, 2018.

DATES: Applicable November 22, 2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3518.

SUPPLEMENTARY INFORMATION: 

Background

    On July 18, 2019, Commerce published the Preliminary Results of the 
2017-2018 antidumping duty (AD) administrative review of PET resin from 
Oman.\1\ On August 19, 2019, DAK Americas, LLC, Indorama Ventures USA, 
Inc., and Nan Ya Plastics Corporation, America (petitioners) requested 
that Commerce conduct a hearing in this proceeding.\2\ On August 20, 
2019, we received a case brief from the petitioners and on August 30, 
2019, we received a rebuttal brief from

[[Page 64461]]

OCTAL.\3\ On October 3, 2019, we held a public hearing.\4\
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    \1\ See Polyethylene Terephthalate Resin from the Sultanate of 
Oman: Preliminary Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 34343 (July 18, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin 
from the Sultanate of Oman--Petitioners' Request for Hearing,'' 
dated August 19, 2019.
    \3\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin 
from the Sultanate of Oman: Petitioners' Case Brief,'' dated August 
20, 2019'; see also OCTAL's Rebuttal Brief, ``OCTAL's Rebuttal 
Brief: Polyethylene Terephthalate Resin (PET) from the Sultanate of 
Oman,'' dated August 30, 2019.
    \4\ See Memorandum, ``2017-2018 Antidumping Duty Administrative 
Review of Polyethylene Terephthalate Resin from the Sultanate of 
Oman: Hearing Schedule,'' dated September 25, 2019; see also Public 
Hearing Transcript dated October 10, 2019.
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Scope of the Order

    The merchandise covered by this order is PET resin having an 
intrinsic viscosity of at least 0.70, but not more than 0.88, 
deciliters per gram. The merchandise subject to this order is properly 
classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010, 
3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the 
Harmonized Tariff Schedule of the United States (HTSUS).\5\ Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise covered by this 
order is dispositive. For a complete description of the scope of the 
order, see the Issues and Decision Memorandum (IDM).\6\
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    \5\ On January 27, 2017, Commerce added HTS numbers 3907.61.0000 
and 3907.69.0000 to the Case Reference File. See Memorandum, 
``Request from Customs and Border Protection to Update the ACE Case 
Reference File: Polyethylene Terephthalate Resin form the Sultanate 
of Oman (A-523-810),'' dated January 31, 2017. Further, on February 
28, 2019, Commerce added HTS numbers 3907.61.0010, 3907.61.0050, 
3907.69.0010, and 3907.69.0050 to the Case Reference File. See 
Memorandum, ``Request from U.S. Customs and Border Protection to 
Update the ACE Case Reference File: Polyethylene Terephthalate Resin 
form the Sultanate of Oman (A-523-810),'' dated February 28, 2019.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty Order on Polyethylene Terephthalate Resin from the 
Sultanate of Oman,'' dated concurrently with, and hereby adopted by, 
this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the IDM, which is hereby 
adopted by this notice. A list of the issues raised is attached to this 
notice as an Appendix. The IDM 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 https://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Commerce building. 
In addition, a complete version of the IDM can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed IDM and the 
electronic version of the IDM are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made no revisions to the preliminary dumping 
margin calculations for OCTAL.

Final Results of the Administrative Review

    We have determined that the following weighted-average dumping 
margin exists for the firm listed below for the period May 1, 2017 
through April 30, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter\producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC..............................................        0.00
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, 
and U.S. Customs and Border Protections (CBP) shall assess, AD duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. Because OCTAL's weighted-average 
dumping margin is zero percent, we will instruct CBP to liquidate the 
appropriate entries without regard to AD duties.
    For POR entries of subject merchandise produced by OCTAL for which 
it did not know the merchandise was destined for the United States, we 
will instruct CBP to liquidate these unreviewed entries at the all-
others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. We intend to issue liquidation 
instructions to CBP 15 days after publication of the final results of 
this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review in 
the Federal Register for all shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the notice, as provided by section 751(a)(2) of the Act: 
(1) The cash deposit rate for OCTAL is zero percent; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the final company-specific rate published for 
the most recent period; (3) if the exporter was not covered in this 
review, a prior review, or the investigation, but the producer was, the 
cash deposit rate will be the rate established in the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 7.62 percent ad valorem, the all-others 
rate established in the investigation.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ See 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, 81 FR 27979 (May 6, 2016).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of AD duties prior to liquidation of the relevant 
entries during the POR. Failure to comply with this requirement could 
result in Commerce's presumption that reimbursement of AD duties 
occurred and the subsequent assessment of doubled AD duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results

[[Page 64462]]

V. Discussion of the Issues
    Comment 1: Whether to Apply Total Adverse Facts Available
VI. Recommendation

[FR Doc. 2019-25375 Filed 11-21-19; 8:45 am]
 BILLING CODE 3510-DS-P