[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75594-75595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26787]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
OCTAL SAOC--FZC (OCTAL), the sole respondent subject to this
antidumping duty (AD) administrative review, made sales of subject
merchandise at less than normal value during the period of review (POR)
May 1, 2020, through April 30, 2021.
DATES: Applicable December 9, 2022.
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 June 7, 2022, Commerce published the Preliminary Results in the
Federal Register and invited interested parties to comment on those
results.\1\ On July 14, 2022, DAK Americas LLC, Indorama Ventures USA,
Inc., and Nan Ya Plastics Corporation, America (collectively, the
petitioners) filed a case brief and OCTAL filed a letter in lieu of a
case brief.\2\ On July 22, 2022, OCTAL filed a rebuttal brief.\3\ For a
complete description of the events that occurred since publication of
the Preliminary Results, see the Issues and Decision Memorandum.\4\
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\1\ See Polyethylene Terephthalate Resin from the Sultanate of
Oman: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021, 87 FR 34643 (June 7, 2022), and accompanying Preliminary
Decision Memorandum (Preliminary Results).
\2\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin
from the Sultanate of Oman: Petitioners' Case Brief,'' dated July
14, 2022; see also OCTAL's Letter, ``OCTAL's Letter in Lieu of Case
Brief: Certain Polyethylene Terephthalate (PET) Resin from the
Sultanate of Oman,'' dated July 14, 2022.
\3\ See OCTAL's Letter, ``OCTAL's Rebuttal Brief Certain
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,''
dated July 22, 2022.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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 Issues and Decision Memorandum.
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\5\ On January 27, 2017, Commerce added HTSUS subheadings
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 HTSUS subheadings
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.
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Analysis of Comments Received
We listed all the issues that interested parties raised in their
case and rebuttal briefs, and which we addressed in the Issues and
Decision Memorandum, in
[[Page 75595]]
the Appendix to this notice. The Issues and Decision Memorandum is a
public document that 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we made certain changes to the Preliminary Results.
See the Issues and Decision Memorandum for a description of those
changes.
Final Results of Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted
average
Producers/exporters dumping
margin
(percent)
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OCTAL SAOC-FZC.............................................. 3.96
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). 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).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the importer to the total
entered value of those sales. Where the respondent did not report
entered value, we calculated importer-specific per-unit duty assessment
rates based on the ratio of the total amount of dumping calculated for
the examined sales to the importer to the total quantity of those
sales. To determine whether an importer-specific per-unit duty
assessment rate was de minimis, we calculated an estimated entered
value. Where an importer-specific assessment rate is de minimis (i.e.,
less than 0.5 percent), the entries by that importer will be liquidated
without regard to dumping duties.\6\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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For entries of subject merchandise during the POR produced by OCTAL
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 (i.e., 7.62 percent) \7\ if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
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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, 27981 (May 6, 2016).
\8\ 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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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 this
notice in the Federal Register, 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 listed in the above table; (2) for
subject merchandise exported by producers 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 rate established for the producer
or exporter in the most recently completed segment of this proceeding
in which it participated; (3) if the exporter of the subject
merchandise does not have a company-specific cash deposit rate, but the
producer does, then the cash deposit rate will be the cash deposit rate
established for the producer in the most recently completed segment of
this proceeding; and (4) the cash deposit rate for all other producers
or exporters will continue to be 7.62 percent, the all-others rate
established in the less-than-fair-value investigation. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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 review period.
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 double antidumping
duties and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves 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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: The Appropriate Date of Sale
Comment 2: Whether to Adjust the Reported General and
Administrative Expenses
VI. Recommendation
[FR Doc. 2022-26787 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P