80 FR 48808 - Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range		48808-48809
FR Document		2015-20086

The Department of Commerce (the Department) preliminarily determines that de minimis countervailable subsidies are being provided to producers/exporters of certain polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman). The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48808-48809]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-20086]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-811]

Certain Polyethylene Terephthalate Resin From the Sultanate of
Oman: Preliminary Negative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that de minimis countervailable subsidies are being provided
to producers/exporters of certain polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman (Oman). The period of investigation
is January 1, 2014, through December 31, 2014. Interested parties are
invited to comment on this preliminary determination.

DATES: Effective Date: August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: On March 30, 2015, the Department initiated
this countervailing duty (CVD) investigation.\1\ On the same day, the
Department also initiated an antidumping duty (AD) investigation of PET
Resin from Oman.\2\ On May 7, 2015, in response to a request from the
Petitioners,\3\ the Department postponed the preliminary determination
in the CVD investigation.\4\
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\1\ See Certain Polyethylene Terephthalate Resin from the
People's Republic of China, India, and the Sultanate of Oman:
Initiation of Countervailing Duty Investigations, 80 FR 18369 (April
6, 2015).
\2\ See Certain Polyethylene Terephthalate Resin From Canada,
the People's Republic of China, India, and the Sultanate of Oman:
Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376
(April 6, 2015).
\3\ DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics
Corporation, America, (Petitioners).
\4\ See Certain Polyethylene Terephthalate Resin From the
People's Republic of China, India and the Sultanate of Oman:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 80 FR 27635 (May 14, 2015).
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Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination

In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.210(b)(4), and based on Petitioners'
request,\5\ we are aligning the final CVD determination in this
investigation with the final determination in the companion AD
investigation of PET Resin from Oman. Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
December 21, 2015, unless postponed.\6\
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\5\ See Letter from Petitioners, ``Investigation of Certain
Polyethylene Terephthalate Resin from Oman--Petitioners' Request to
Align the Countervailing Duty Final Determination with the Companion
Antidumping Duty Final Determination,'' (July 31, 2015).
\6\ The actual deadline is 75 days after the date of the
preliminary determinations, or December 20, 2015, which is a Sunday.
Department practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day (in this instance, December 21, 2015). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Scope of the Investigation

The merchandise covered by this investigation is PET resin. The
merchandise subject to this investigation is properly classified under
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the

[[Page 48809]]

United States (HTSUS). Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.\7\
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\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance regarding ``Decision Memorandum for the Preliminary
Negative Determination in the Countervailing Duty Investigation of
Certain Polyethylene Terephthalate Resin from the Sultanate of
Oman,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum). For a list of topics discussed in
the Preliminary Decision Memorandum, see the Appendix to this
notice.
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Methodology

The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum. 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 https://access.trade.gov/login.aspx and is available to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.

Preliminary Determination

We preliminarily determine the countervailable subsidy rate to be:
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\8\ In accordance with section 703(b)(4) of the Act, we are
disregarding de minimis subsidies for the purposes of this
preliminary determination.

------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
OCTAL SAOC-FZC and OCTAL Holding SAOC..... 0.28 percent (de minimis)
\8\
------------------------------------------------------------------------

Consistent with section 703(b)(4)(A) of the Act, we have
disregarded de minimis rates and preliminarily determine that
countervailable subsides are not being provided with respect to the
manufacture, production or exportation of the subject merchandise in
Oman. Consistent with section 703(d) of the Act, the Department has not
calculated an all-others rate because it has not reached an affirmative
preliminarily determination. Because the estimated subsidy rate for the
examined company is de minimis, we will not direct U.S. Customs and
Border Protection to suspend liquidation of entries of subject
merchandise from Oman.

Verification

As provided in section 782(i)(l) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.

International Trade Commission

In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order, without the written consent of the Assistant Secretary for
Enforcement and Compliance. In accordance with section 705(b)(3) of the
Act, if our final determination is affirmative, the lTC will make its
final determination within 75 days after we make our final
determination.

Disclosure and Public Comment

The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\9\
Interested parties may submit case and rebuttal briefs,\10\ and request
a hearing.\11\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c) and (d).
\11\ See 19 CFR 351.510.
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

Dated: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All Others Rate
X. United States International Trade Commission (ITC) Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Recommendation
[FR Doc. 2015-20086 Filed 8-13-15; 8:45 am]
BILLING CODE 3510-DS-P

48808 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices

interested parties to comment on the shall remain in effect until further U.S. Department of Commerce, 14th
Preliminary Results.4 We received none. notice. Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
Scope of the Order Notification
482–3936.
Imports covered by the order are This notice serves as a reminder to SUPPLEMENTARY INFORMATION: On March
shipments of certain non-egg dry pasta. parties subject to administrative 30, 2015, the Department initiated this
The merchandise subject to review is protective order (APO) of their countervailing duty (CVD)
currently classifiable under items responsibility concerning the investigation.1 On the same day, the
1901.90.90.95 and 1902.19.20 of the disposition of proprietary information Department also initiated an
Harmonized Tariff Schedule of the disclosed under APO in accordance antidumping duty (AD) investigation of
United States (HTSUS). Although the with 19 CFR 351.306. Timely written PET Resin from Oman.2 On May 7,
HTSUS subheadings are provided for notification of the return/destruction of 2015, in response to a request from the
convenience and customs purposes, the APO materials or conversion to judicial Petitioners,3 the Department postponed
written description of the merchandise protective order is hereby requested. the preliminary determination in the
subject to the order is dispositive.5 Failure to comply with the regulations CVD investigation.4
and terms of an APO is a sanctionable
Final Results of Changed violation. Alignment of Final Countervailing Duty
Circumstances Review This notice is published in Determination With Final Antidumping
Because no parties submitted accordance with sections 751(b)(1) and Duty Determination
comments on the Department’s 777(i) of the Tariff Act of 1930, as In accordance with section 705(a)(1)
Initiation and Preliminary Results, and amended, and 19 CFR 351.216(e). of the Tariff Act of 1930, as amended
because there is no other information or Dated: August 7, 2015. (the Act) and 19 CFR 351.210(b)(4), and
evidence on the record that calls into Ronald K. Lorentzen, based on Petitioners’ request,5 we are
question the Initiation and Preliminary aligning the final CVD determination in
Acting Assistant Secretary for Enforcement
Results, the Department determines that and Compliance. this investigation with the final
PAP SRL is the successor-in-interest to determination in the companion AD
[FR Doc. 2015–20087 Filed 8–13–15; 8:45 am]
PAP SNC for the purpose of determining investigation of PET Resin from Oman.
BILLING CODE 3510–DS–P
antidumping duty liability. Consequently, the final CVD
Instructions to U.S. Customs and determination will be issued on the
Border Protection DEPARTMENT OF COMMERCE same date as the final AD
determination, which is currently
As a result of this determination, we International Trade Administration scheduled to be issued no later than
find that PAP SRL should receive the December 21, 2015, unless postponed.6
cash deposit rate previously assigned to [C–523–811]
PAP SNC in the most recently Scope of the Investigation
completed review of the antidumping Certain Polyethylene Terephthalate
Resin From the Sultanate of Oman: The merchandise covered by this
duty order on certain pasta from Italy. investigation is PET resin. The
Consequently, the Department will Preliminary Negative Countervailing
Duty Determination and Alignment of merchandise subject to this
instruct U.S. Customs and Border investigation is properly classified
Protection to collect estimated Final Countervailing Duty
Determination With Final Antidumping under subheading 3907.60.00.30 of the
antidumping duties for all shipments of Harmonized Tariff Schedule of the
subject merchandise exported by PAP Duty Determination
SRL and entered, or withdrawn from AGENCY: Enforcement and Compliance, 1 See Certain Polyethylene Terephthalate Resin

warehouse, for consumption on or after International Trade Administration, from the People’s Republic of China, India, and the
the publication date of this notice in the Department of Commerce. Sultanate of Oman: Initiation of Countervailing
Duty Investigations, 80 FR 18369 (April 6, 2015).
Federal Register at the current cash SUMMARY: The Department of Commerce 2 See Certain Polyethylene Terephthalate Resin
deposit rate for PAP SNC, which is (the Department) preliminarily From Canada, the People’s Republic of China,
zero.6 This cash deposit requirement determines that de minimis India, and the Sultanate of Oman: Initiation of Less-
countervailable subsidies are being Than-Fair-Value Investigations, 80 FR 18376 (April
4 Id. 6, 2015).
provided to producers/exporters of 3 DAK Americas, LLC, M&G Chemicals, and Nan
5 For a full description of the scope of the order,
certain polyethylene terephthalate resin Ya Plastics Corporation, America, (Petitioners).
see the memorandum titled ‘‘Initiation and
Preliminary Results of Changed Circumstances (PET resin) from the Sultanate of Oman 4 See Certain Polyethylene Terephthalate Resin

Review: Certain Pasta from Italy’’ from Christian (Oman). The period of investigation is From the People’s Republic of China, India and the
Marsh, Deputy Assistant Secretary for Antidumping January 1, 2014, through December 31, Sultanate of Oman: Postponement of Preliminary
and Countervailing Duty Operations, to Ronald K. Determinations in the Countervailing Duty
2014. Interested parties are invited to Investigations, 80 FR 27635 (May 14, 2015).
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, (Preliminary comment on this preliminary 5 See Letter from Petitioners, ‘‘Investigation of

Decision Memorandum), dated concurrently with determination. Certain Polyethylene Terephthalate Resin from
the Initiation and Preliminary Results. Oman—Petitioners’ Request to Align the
6 PAP SNC was a respondent in the 14th
DATES: Effective Date: August 14, 2015. Countervailing Duty Final Determination with the
administrative review of the Pasta from Italy Order FOR FURTHER INFORMATION CONTACT: Companion Antidumping Duty Final
Thomas Martin, AD/CVD Operations, Determination,’’ (July 31, 2015).
asabaliauskas on DSK5VPTVN1PROD with NOTICES

and received a deposit rate of 3.57 percent. See
Pasta from Italy: Final Results of the Fourteenth Enforcement and Compliance, 6 The actual deadline is 75 days after the date of

Antidumping Duty Administrative Review, 76 FR the preliminary determinations, or December 20,
76937 (December 9, 2011). As a result of the International Trade Administration, 2015, which is a Sunday. Department practice
‘‘section 129’’ determination, the company’s deposit dictates that where a deadline falls on a weekend
rate is now zero; see Notice of Implementation of Carboxymethylcellulose From the Netherlands, or federal holiday, the appropriate deadline is the
Determination Under Section 129 of the Uruguay Stainless Steel Wire Rod From Spain, Granular next business day (in this instance, December 21,
Round Agreements Act: Stainless Steel Plate in Polytetrafluoroethylene Resin From Italy, Stainless 2015). See Notice of Clarification: Application of
Coils From Belgium, Steel Concrete Reinforcing Steel Sheet and Strip in Coils From Japan, 77 FR ‘‘Next Business Day’’ Rule for Administrative
Bars From Latvia, Purified Carboxymethylcellulose 36257 (June 18, 2012). See also, PAP SRL’s CCR Determination Deadlines Pursuant to the Tariff Act
From Finland, Certain Pasta From Italy, Purified request dated April 22, 2015. of 1930, As Amended, 70 FR 24533 (May 10, 2005).

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Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 48809

United States (HTSUS). Although the preliminarily determination. Because VI. Injury Test
HTSUS subheading is provided for the estimated subsidy rate for the VII. Subsidies Valuation
convenience and customs purposes, the examined company is de minimis, we VIII. Analysis of Programs
IX. Calculation of the All Others Rate
written description of the merchandise will not direct U.S. Customs and Border
X. United States International Trade
under investigation is dispositive.7 Protection to suspend liquidation of Commission (ITC) Notification
entries of subject merchandise from XI. Disclosure and Public Comment
Methodology
Oman. XII. Verification
The Department is conducting this XIII. Recommendation
CVD investigation in accordance with Verification
[FR Doc. 2015–20086 Filed 8–13–15; 8:45 am]
section 701 of the Act. For a full As provided in section 782(i)(l) of the BILLING CODE 3510–DS–P
description of the methodology Act, we intend to verify the information
underlying our preliminary conclusions, submitted by the respondents prior to
see the Preliminary Decision making our final determination. DEPARTMENT OF COMMERCE
Memorandum. The Preliminary
International Trade Commission International Trade Administration
Decision Memorandum is a public
document and is on file electronically In accordance with section 703(f) of
[C–570–984]
via Enforcement and Compliance’s the Act, we will notify the International
Antidumping and Countervailing Duty Trade Commission (ITC) of our Drawn Stainless Steel Sinks From the
Centralized Electronic Service System determination. In addition, we are People’s Republic of China:
(‘‘ACCESS’’). ACCESS is available to making available to the ITC all non- Rescission of Countervailing Duty
registered users at https:// privileged and non-proprietary Administrative Review; 2014
access.trade.gov/login.aspx and is information relating to this
available to all parties in the Central investigation. We will allow the ITC AGENCY: Enforcement and Compliance,
Records Unit, room B8024 of the main access to all privileged and business International Trade Administration,
Department of Commerce building. In proprietary information in our files, Department of Commerce.
addition, a complete version of the provided the ITC confirms that it will SUMMARY: The Department of Commerce
Preliminary Decision Memorandum can not disclose such information, either (the Department) is rescinding the
be accessed directly on the Internet at publicly or under an administrative administrative review of the
http://enforcement.trade.gov/frn/ protective order, without the written countervailing duty order on drawn
index.html. The signed Preliminary consent of the Assistant Secretary for stainless steel sinks (sinks) from the
Decision Memorandum and the Enforcement and Compliance. In People’s Republic of China (PRC) for the
electronic versions of the Preliminary accordance with section 705(b)(3) of the period of review (POR) January 1, 2014,
Decision Memorandum are identical in Act, if our final determination is through December 31, 2014, based on
content. affirmative, the lTC will make its final the timely withdrawal of requests for
determination within 75 days after we review.
Preliminary Determination make our final determination. DATES: Effective Date: August 14, 2015.
We preliminarily determine the
Disclosure and Public Comment FOR FURTHER INFORMATION CONTACT:
countervailable subsidy rate to be:
The Department intends to disclose to Lana Nigro, AD/CVD Operations, Office
Company Subsidy rate interested parties the calculations I, Enforcement and Compliance,
performed in connection with this International Trade Administration,
OCTAL SAOC–FZC and 0.28 percent (de preliminary determination within five U.S. Department of Commerce, 14th
OCTAL Holding SAOC. minimis) 8 days of its public announcement.9 Street and Constitution Avenue NW.,
Interested parties may submit case and Washington, DC 20230; telephone: (202)
Consistent with section 703(b)(4)(A) 482–1779.
rebuttal briefs,10 and request a
of the Act, we have disregarded de SUPPLEMENTARY INFORMATION:
hearing.11 For a schedule of the
minimis rates and preliminarily
deadlines for filing case briefs, rebuttal Background
determine that countervailable subsides
briefs, and hearing requests, see the
are not being provided with respect to On April 1, 2015, the Department
Preliminary Decision Memorandum.
the manufacture, production or This determination is issued and published the notice of opportunity to
exportation of the subject merchandise published pursuant to sections 703(f) request an administrative review of the
in Oman. Consistent with section 703(d) and 777(i) of the Act and 19 CFR countervailing duty order on sinks from
of the Act, the Department has not 351.205(c). the PRC for the POR January 1, 2014,
calculated an all-others rate because it through December 31, 2014.1 On April
has not reached an affirmative Dated: August 7, 2015.
28, 2015, Guangdong Yingao Utensils
Ronald K. Lorentzen,
Co., Ltd. (Yingao), B&R Industries
7 See Memorandum from Christian Marsh, Deputy Acting Assistant Secretary for Enforcement Limited (B&R), Guangdong New Shichu
Assistant Secretary for Antidumping and and Compliance.
Countervailing Duty Operations, to Ronald K. Import and Export Co., Ltd. (New
Lorentzen, Acting Assistant Secretary for Appendix—List of Topics Discussed in Shichu), and Guangdong Dongyuan
Enforcement and Compliance regarding ‘‘Decision the Preliminary Decision Memorandum Kitchenware Industrial Co., Ltd.
Memorandum for the Preliminary Negative
asabaliauskas on DSK5VPTVN1PROD with NOTICES

(Dongyuan) requested an administrative
Determination in the Countervailing Duty I. Summary
Investigation of Certain Polyethylene Terephthalate II. Background review of their POR sales.2 On April 29,
Resin from the Sultanate of Oman,’’ dated III. Alignment
concurrently with, and hereby adopted by, this IV. Scope Comments
1 See Antidumping or Countervailing Duty Order,

notice (Preliminary Decision Memorandum). For a Finding, or Suspended Investigation; Opportunity
V. Scope of the Investigation
list of topics discussed in the Preliminary Decision to Request Administrative Review, 80 FR 17392
Memorandum, see the Appendix to this notice. (April 1, 2015).
8 In accordance with section 703(b)(4) of the Act, 9 See 19 CFR 351.224(b). 2 See Letter from Yingao, ‘‘Drawn Stainless Steel
10 See 19 CFR 351.309(c) and (d).
we are disregarding de minimis subsidies for the Sinks from the People’s Republic of China: Request
purposes of this preliminary determination. 11 See 19 CFR 351.510. Continued

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Document Created: 2018-02-23 10:59:03
Document Modified: 2018-02-23 10:59:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: August 14, 2015.
Contact		Thomas Martin, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3936.
FR Citation		80 FR 48808

80 FR 48808 - Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 157 (August 14, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration