[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60992-60993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21850]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-813]


Polyethylene Terephthalate Sheet From the Sultanate of Oman: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that sales of polyethylene terephthalate (PET) sheet from the Sultanate 
of Oman (Oman) were made at less than normal value (NV) during the 
period of review (POR) March 3, 2020, through August 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable October 7, 2022.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3860.

SUPPLEMENTARY INFORMATION:

Background

    On November 5, 2021, Commerce initiated an administrative review of 
the antidumping duty order on PET sheet from Oman in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This 
administrative review covers one producer/exporter of the subject 
merchandise, OCTAL SAOC-FZC (OCTAL). On May 16, 2022, Commerce extended 
the deadline for the preliminary results of this administrative review 
by 120 days, until September 30, 2022.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021).
    \2\ See Memorandum, ``Polyethylene Terephthalate Sheet from the 
Sultanate of Oman: Extension of the Deadline for Preliminary Results 
of 2020-2021 Antidumping Duty Administrative Review,'' dated May 16, 
2022.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order: 
Polyethylene Terephthalate Sheet from the Sultanate of Oman; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order \4\
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    \4\ See Polyethylene Terephthalate Sheet from the Republic of 
Korea and the Sultanate of Oman: Antidumping Duty Orders, 85 FR 
55824 (September 10, 2020) (Order).
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    The product covered by this Order is PET sheet from Oman. For a 
full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export price is calculated in accordance 
with section 772 of the Act. NV is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the respondent for the period March 3, 2020, 
through August 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                               margin
                                                              (percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC............................................         4.16
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If OCTAL's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We intend to instruct CBP to 
assess antidumping duties where the importer-specific assessment rate 
calculated in the final results of this review is not zero or de 
minimis. If the respondent's weighted-average dumping margin is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by this review and for future deposits of 
estimated duties, where applicable.\5\
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    \5\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by OCTAL 
where the company did not know that the merchandise was destined for 
the United States, we intend to instruct CBP to liquidate those entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided 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 administrative review, except if the rate is less than 
0.50 percent and, therefore, de minimis, in which case the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rates published for the most 
recently-

[[Page 60993]]

completed segment of this proceeding in which they were examined; (3) 
if the exporter is not a firm covered by this review or the original 
less-than-fair-value (LTFV) investigation, but the producer is, then 
the cash deposit rate will be the rate established for the most 
recently-completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 4.74 percent,\7\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\8\ 
Commerce will notify interested parties when it has determined a 
deadline for case briefs via ACCESS. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than seven days after 
the date for filing case briefs.\9\ Parties who submit case briefs or 
rebuttal briefs in this review are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\10\ Case and rebuttal briefs 
should be filed using ACCESS.\11\ Executive summaries should be limited 
to five pages total, including footnotes. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), 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. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time 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 participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\13\ Parties should confirm the date, time, 
and location of the hearing two days before the scheduled date.
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    \13\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: September 30, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2022-21850 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-DS-P