[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44856-44858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16092]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-810]


Polyethylene Terephthalate Resin From the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that OCTAL SAOC-FZC (OCTAL), the sole respondent subject to this 
antidumping duty (AD) administrative review, did not make sales of 
subject merchandise at less than normal value during the period of 
review (POR) May 1, 2018 through April 30, 2019. Interested parties are 
invited to comment on these preliminary results of review.

DATES: Applicable July 24, 2020.

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 15, 2019, Commerce published a notice initiating an AD 
administrative review of polyethylene terephthalate resin (PET resin) 
from the Sultanate of Oman (Oman) covering OCTAL for the POR.\1\ During 
the course of this administrative review, OCTAL responded to Commerce's 
questionnaire and supplemental questionnaires and the petitioners filed 
multiple submissions. For further details, see the accompanying 
Preliminary Decision Memorandum.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739 (July 15, 2019).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Resin from the Sultanate of Oman,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    On January 6, 2020, Commerce extended the deadline for issuing the 
preliminary results of this review from January 31, 2020 to May 29, 
2020.\3\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days, thereby extending the deadline for 
these preliminary results until July 20, 2020.\4\
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    \3\ See Memorandum, ``Polyethylene Terephthalate Resin from the 
Sultanate of Oman: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated January 6, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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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

[[Page 44857]]

subheadings are provided for convenience and customs purposes, the 
written description of the merchandise covered by this order is 
dispositive. For a full description of the scope of the order, see 
Preliminary Decision Memorandum.\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 Commerce Memorandum 
re: ``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 from the Sultanate of Oman (A-523-810),'' dated 
February 28, 2019.
    \6\ See Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
has been calculated in accordance with section 772 of the Act. Normal 
value was calculated in accordance with section 773 of the Act. For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice. The Preliminary 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period May 1, 2018 through April 
30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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OCTAL SAOC--FZC.............................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations used in its analysis 
to interested parties in this review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties are invited to comment on the preliminary results of 
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than five days after the time 
limit for filing case briefs.\7\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
brief: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.\8\ Executive summaries should 
be limited to five pages total, including footnotes.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\11\
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    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ Id.
    \10\ See 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. Interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of hearing participants; and (3) a list of the 
issues to be discussed in the hearing. Issues raised in the hearing 
will be limited to those raised in the respective case and rebuttal 
briefs.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We will calculate importer-specific assessment rates 
equal to the ratio of the total amount of dumping calculated for 
examined U.S. sales of merchandise imported by a particular importer, 
to the total entered value of the reported U.S. sales in accordance 
with 19 CFR 351.212(b)(1).\13\ Where the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\14\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise under review 
and for future deposits of estimated duties, where applicable.\15\
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    \13\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \14\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
    \15\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by the 
respondent for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate such 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 
the date of publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of PET resin from Oman entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice of 
the final results of this administrative review, as provided for by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for OCTAL 
will be equal to the weighted-average dumping margin established in the 
final results of this review (except, if the weighted-average dumping 
margin is zero or de minimis, no cash deposit will be required); (2) 
for merchandise exported by manufacturers or exporters not covered in 
this review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate 
will be the rate established in the most recently completed segment of 
the proceeding for the manufacturer of the merchandise; and (4) the 
cash deposit

[[Page 44858]]

rate for all other manufacturers or exporters will continue to be 7.62 
percent ad valorem, the all-others rate established in the less-than-
fair-value investigation.\16\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \16\ 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

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

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.213(h)(1).

    Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Particular Market Situation Allegation (PMS)
V. Discussion of the Methodology
    A. Date of Sale
    B. Normal Value Comparisons
    C. Product Comparisons
    D. EP/CEP
    E. Normal Value
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2020-16092 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P