[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