[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6701-6702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-813]


Polyethylene Terephthalate Sheet From the Sultanate of Oman: 
Final Results of Changed Circumstances Review, Revocation of the 
Antidumping Duty Order, and Rescission of Administrative Reviews; 2020-
2021 and 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is revoking the 
antidumping duty (AD) order on polyethylene terephthalate (PET) sheet 
from the Sultanate of Oman (Oman). Because the AD order is being 
revoked, Commerce is rescinding the 2020-2021 and 2021-2022 AD 
administrative reviews.

DATES: Applicable February 1, 2023.

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 September 10, 2020, Commerce published an AD order on PET sheet 
from Oman.\1\ On December 27, 2022, Commerce published the preliminary 
results of the changed circumstances review (CCR) and revocation of the 
Order, pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.216 and 19 CFR 351.222.\2\ We invited 
interested parties to comment on the Preliminary Results. We received 
no comments.
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    \1\ See Polyethylene Terephthalate Sheet from the Republic of 
Korea and the Sultanate of Oman: Antidumping Duty Orders, 85 FR 
55824 (September 10, 2020) (Order).
    \2\ See Polyethylene Terephthalate Sheet from the Sultanate of 
Oman: Preliminary Results of Changed Circumstances Review and Intent 
to Revoke the Antidumping Duty Order, 87 FR 79277 (December 27, 
2022) (Preliminary Results).
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Final Results of Changed Circumstances Review and Revocation of the 
Order

    Because no party submitted comments regarding the Preliminary 
Results of this CCR,\3\ and the record contains no further information 
or evidence that weighs against the proposed revocation, Commerce 
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 
19 CFR 351.222(g), that there are changed circumstances that warrant 
revocation of the Order. Specifically, in light of the petitioners' 
statement of lack of interest, and the absence of comments from any 
interested party opposing the Preliminary Results, we find that 
producers accounting for substantially all of the production of the 
domestic like product to which the Order pertains lack interest in the 
relief provided by the Order. Accordingly, we are revoking the Order.
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    \3\ Id., 87 FR at 79278 (``{W{time} e preliminarily conclude 
that producers accounting for substantially all of the production of 
the domestic like product to which the Order pertains lack interest 
in the relief provided by the Order. Thus, we preliminarily 
determine that changed circumstances warrant revocation of the 
Order.'').
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Scope of the Order

    The merchandise covered by the Order is raw, pretreated, or primed 
polyethylene terephthalate sheet, whether extruded or coextruded, in 
nominal thicknesses of equal to or greater than 7 mil (0.007 inches or 
177.8 [micro]m) and not exceeding 45 mil (0.045 inches or 1143 [mu]m) 
(PET sheet). The scope includes all PET sheet whether made from prime 
(virgin) inputs or recycled inputs, as well as any blends thereof. The 
scope includes all PET sheet meeting the above specifications 
regardless of width, color, surface treatment, coating, lamination, or 
other surface finish.
    The merchandise subject to the Order is properly classified under 
statistical reporting subheading 3920.62.0090 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading is 
provided for convenience and customs purposes, the

[[Page 6702]]

written description of the scope is dispositive.

Application of the Final Results of the Changed Circumstances Review

    Section 751(d)(3) of the Act provides that ``{a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of subject merchandise which are 
entered, or withdrawn from warehouse, for consumption on or after the 
date determined by the administering authority.'' Commerce's general 
practice is to instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to antidumping duties, and to refund any 
estimated antidumping duties on, all unliquidated entries of the 
merchandise covered by a revocation that are not covered by the final 
results of an administrative review or automatic liquidation.\4\ 
Commerce is currently conducting the first and second administrative 
reviews of this Order (covering the periods March 3, 2020, through 
August 31, 2021, and September 1, 2021, through August 31, 2022, 
respectively) for respondent OCTAL SAOC-FZC.\5\ We have not yet issued 
the final results for any administrative review of this Order.\6\
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    \4\ See, e.g., Certain Pasta from Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the 
United Kingdom: Notice of Final Results of Changed Circumstances 
Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 
2007); Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006); Notice of Final Results of Antidumping 
Duty Changed Circumstances Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada 
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, and 
Determination to Revoke Order in Part: Certain Cased Pencils from 
the People's Republic of China, 68 FR 62428 (November 4, 2003).
    \5\ OCTAL SAOC-FZC was the sole respondent in the investigation 
and only company for which a review was requested in the 
administrative reviews.
    \6\ See Polyethylene Terephthalate Sheet from the Sultanate of 
Oman: Preliminary Results of Antidumping Duty Administrative Review; 
2020-2021, 87 FR 60992 (October 7, 2022); see also Memorandum, 
``2020-2021 Antidumping Duty Administrative Review of Polyethylene 
Terephthalate Sheet from the Sultanate of Oman: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review,'' dated January 23, 2023; and Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 87 FR 66275, 66278 
(November 3, 2022).
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    Consistent with our practice, we are applying the final results of 
this CCR to all unliquidated entries of the merchandise covered by the 
Order which have been entered, or withdrawn from warehouse, for 
consumption on or after March 3, 2020, i.e., the effective date of the 
preliminary determination in the underlying less-than-fair-value (LTFV) 
investigation.

Rescission of Antidumping Duty Administrative Reviews

    As the Order is being revoked effective as of the date of the 
preliminary determination in the LTFV investigation, Commerce is 
rescinding the administrative reviews \7\ consistent with 19 CFR 
351.213(d)(4) and 351.222(g)(4).
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    \7\ Id.
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Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant revocation of the Order, we will instruct CBP to discontinue 
the suspension of liquidation and the collection of cash deposits of 
estimated antidumping duties, to liquidate all unliquidated entries 
that were entered on or after March 3, 2020, without regard to 
antidumping duties, and to refund all AD cash deposits on all such 
merchandise.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results and 
revocation 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).

Notification to Interested Parties

    This notice serves as a final reminder to parties subject to an 
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). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results, revocation and 
rescissions in accordance with sections 751(a)(1), 751(b), and 777(i) 
of the Act and 19 CFR 351.213(d)(4), 19 CFR 351.216, and 19 CFR 
351.222.

    Dated: January 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02085 Filed 1-31-23; 8:45 am]
BILLING CODE 3510-DS-P