80_FR_62218 80 FR 62019 - Certain Polyethylene Terephthalate Resin From Canada: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 62019 - Certain Polyethylene Terephthalate Resin From Canada: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 199 (October 15, 2015)

Page Range62019-62021
FR Document2015-26263

The Department of Commerce (``Department'') preliminarily determines that certain polyethylene terephthalate resin (``PET resin'') from Canada is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period of investigation is January 1, 2014, through December 31, 2014. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 199 (Thursday, October 15, 2015)
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62019-62021]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26263]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855]


Certain Polyethylene Terephthalate Resin From Canada: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

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


DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that certain polyethylene terephthalate resin (``PET 
resin'') from Canada is being, or is likely to be, sold in the United 
States at less than fair value (``LTFV''), as provided in section 
733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period 
of investigation is January 1, 2014, through December 31, 2014. The 
estimated weighted-average dumping margins are shown in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan, Cara Lofaro, or Krisha 
Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4081, (202) 482-5720, or (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on April 6, 2015.\1\ Pursuant to section 733(c)(1)(A) of 
the Act, the Department postponed this preliminary LTFV determination 
by 50 days until October 6, 2015.\2\
---------------------------------------------------------------------------

    \1\ 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) (``Initiation Notice'').
    \2\ See Certain Polyethylene Terephthalate Resin from Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 80 FR 45640 (July 31, 2015).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin. The merchandise subject to this 
investigation is properly classified under subheading 3907.60.00.30 of 
the Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheading is provided for convenience and customs purposes, 
the written description of the merchandise under investigation is 
dispositive.
    For a full description of the scope of this investigation, see the 
Preliminary Decision Memorandum, hereby adopted by this notice.\3\ 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, 
and is available to all parties in the Department's Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary, Enforcement and Compliance ``Decision 
Memorandum for Preliminary Determination of Sales at Less Than Fair 
Value: Certain Polyethylene Terephthalate Resin from Canada,'' 
(``Preliminary Decision Memorandum'') dated concurrently with and 
hereby adopted by this notice. A list of the topics discussed in the 
Preliminary Decision Memorandum appears in Appendix I, below.
---------------------------------------------------------------------------

Scope Comments

    The Initiation Notice provided interested parties an opportunity to 
raise issues regarding product coverage (scope). However, no party to 
the proceeding provided scope comments.

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Export price (``EP'') is calculated in 
accordance with section 772 of the Act. Normal value (``NV'') has been 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, hereby adopted by this notice.

[[Page 62020]]

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. We based our calculation of the ``all others'' rate on the 
margin calculated for Selenis Canada Inc. (``Selenis Canada''), the 
only mandatory respondent in this investigation.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist during the period January 1, 
2014, through December 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Selenis Canada Inc..........................................       13.29
All Others..................................................       13.29
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to suspend 
liquidation of all entries of PET resin from Canada as described in the 
``Scope of the Investigation'' section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), we will instruct CBP to require a cash 
deposit equal to the weighted-average amount by which the NV exceeds EP 
as indicated in the chart above.\4\ These suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b). Case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than seven days after the date on which the 
final verification report is issued in this proceeding, and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for submitting case 
briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this proceeding 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.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, 
filed electronically using ACCESS. All documents must be filed 
electronically using ACCESS. An electronically filed request must be 
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern 
Time, within 30 days after the date of publication of this notice.\6\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, the Department intends 
to hold the hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information submitted by Selenis Canada prior to making a 
final determination in this investigation.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final antidumping determination be 
accompanied by a request for extension of provisional measures from a 
four-month period to a period not more than six months in duration.
    Selenis Canada requested that, contingent upon an affirmative 
preliminary determination of sales at LTFV for Selenis Canada, the 
Department postpone its final determination pursuant to section 
735(a)(2) of the Act.\7\ In addition, Selenis Canada requested to 
extend the application of the provisional measures, from a four-month 
period to a period not to exceed six months.
---------------------------------------------------------------------------

    \7\ See Letter from the Selenis Canada to the Department 
regarding, ``Polyethylene Terephthalate Resin (``PET Resin'') from 
Canada Request to Extend the Due Date of the Final Determination,'' 
dated September 30, 2015.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, we will 
make our final determination no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\8\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.210(e).
---------------------------------------------------------------------------

U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of PET resin from Canada before the later 
of 120 days after the date of this preliminary determination or 45 days 
after our final determination. Because we are postponing the deadline 
for our final determination to 135 days from the date of publication of 
this preliminary determination, as discussed above, the ITC will make 
its final determination no later than 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).


[[Page 62021]]


    Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I: List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
    A. Fair Value Comparisons
    1. Determination of the Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Date of Sale
    D. U.S. Price
    E. Normal Value
    1. Comparison-Market Viability
    2. Level of Trade
    3. Calculation of Normal Value Based on Comparison Market Prices
    4. Calculation of Normal Value Based on Constructed Value
    F. Cost of Production
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation

[FR Doc. 2015-26263 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                                  62019

                                                  withdrawn from warehouse, for                               Dated: October 2, 2015.                               Scope of the Investigation
                                                  consumption on or after the publication                   Ronald K. Lorentzen,
                                                                                                                                                                       The merchandise covered by this
                                                  date of the final results of review, as                   Acting Assistant Secretary for Enforcement
                                                                                                                                                                    investigation is polyethylene
                                                  provided by section 751(a)(2)(C) of the                   and Compliance.
                                                                                                                                                                    terephthalate (PET) resin. The
                                                  Act: (1) For exports of merchandise                       [FR Doc. 2015–26265 Filed 10–14–15; 8:45 am]
                                                                                                                                                                    merchandise subject to this
                                                  made by Yama Ribbons of merchandise                       BILLING CODE 3510–DS–P
                                                                                                                                                                    investigation is properly classified
                                                  it did not produce, the cash deposit rate                                                                         under subheading 3907.60.00.30 of the
                                                  is the PRC-wide rate of 247.65, as stated                                                                         Harmonized Tariff Schedule of the
                                                  in the Order; 6 (2) for previously                        DEPARTMENT OF COMMERCE
                                                                                                                                                                    United States (HTSUS). Although the
                                                  investigated or reviewed PRC and non-                                                                             HTSUS subheading is provided for
                                                  PRC exporters which are not under                         International Trade Administration
                                                                                                                                                                    convenience and customs purposes, the
                                                  review in this segment of the proceeding                  [A–122–855]                                             written description of the merchandise
                                                  but which have been determined by                                                                                 under investigation is dispositive.
                                                  Commerce to have a separate rate, the                     Certain Polyethylene Terephthalate
                                                                                                                                                                       For a full description of the scope of
                                                  cash deposit rate will continue to be the                 Resin From Canada: Affirmative
                                                                                                                                                                    this investigation, see the Preliminary
                                                  exporter-specific rate published for the                  Preliminary Determination of Sales at
                                                                                                                                                                    Decision Memorandum, hereby adopted
                                                  most recent period; (3) for all PRC                       Less Than Fair Value and
                                                                                                                                                                    by this notice.3 The Preliminary
                                                  exporters of subject merchandise that                     Postponement of Final Determination
                                                                                                                                                                    Decision Memorandum is a public
                                                  have not been found to be entitled to a                   AGENCY:  Enforcement and Compliance,                    document and is made available to the
                                                  separate rate the cash deposit rate will                  International Trade Administration,                     public via Enforcement and
                                                  be the PRC-wide rate of 247.65 percent;                   Department of Commerce.                                 Compliance’s Antidumping and
                                                  and (4) for all non-PRC exporters of                                                                              Countervailing Duty Centralized
                                                                                                            DATES: Effective Date: October 15, 2015.
                                                  subject merchandise which have not                                                                                Electronic Service System (ACCESS).
                                                                                                            SUMMARY: The Department of Commerce
                                                  received their own rate, the cash deposit                                                                         ACCESS is available to registered users
                                                  rate will be the rate applicable to the                   (‘‘Department’’) preliminarily
                                                                                                                                                                    at https://access.trade.gov, and is
                                                                                                            determines that certain polyethylene
                                                  PRC exporter(s) that supplied that non-                                                                           available to all parties in the
                                                                                                            terephthalate resin (‘‘PET resin’’) from
                                                  PRC exporter. These deposit                                                                                       Department’s Central Records Unit,
                                                                                                            Canada is being, or is likely to be, sold
                                                  requirements, when imposed, shall                                                                                 Room B8024 of the main Department of
                                                                                                            in the United States at less than fair
                                                  remain in effect until further notice.                                                                            Commerce building. In addition, a
                                                                                                            value (‘‘LTFV’’), as provided in section
                                                                                                                                                                    complete version of the Preliminary
                                                  Notification to Importers Regarding the                   733(b) of the Tariff Act of 1930, as
                                                                                                                                                                    Decision Memorandum can be found at
                                                  Reimbursement of Duties                                   amended (the ‘‘Act’’). The period of
                                                                                                                                                                    http://enforcement.trade.gov/frn/. The
                                                                                                            investigation is January 1, 2014, through
                                                     This notice serves as a final reminder                                                                         signed and the electronic versions of the
                                                                                                            December 31, 2014. The estimated
                                                  to importers of their responsibility                                                                              Preliminary Decision Memorandum are
                                                                                                            weighted-average dumping margins are
                                                  under 19 CFR 351.402(f)(2) to file a                                                                              identical in content.
                                                                                                            shown in the ‘‘Preliminary
                                                  certificate regarding the reimbursement                   Determination’’ section of this notice.                 Scope Comments
                                                  of antidumping duties prior to                            Interested parties are invited to
                                                  liquidation of the relevant entries                                                                                 The Initiation Notice provided
                                                                                                            comment on this preliminary
                                                                                                                                                                    interested parties an opportunity to
                                                  during this POR. Failure to comply with                   determination.
                                                                                                                                                                    raise issues regarding product coverage
                                                  this requirement could result in the                      FOR FURTHER INFORMATION CONTACT:                        (scope). However, no party to the
                                                  Department’s presumption that                             Karine Gziryan, Cara Lofaro, or Krisha                  proceeding provided scope comments.
                                                  reimbursement of antidumping duties                       Hill, AD/CVD Operations, Office IV,
                                                  has occurred and the subsequent                           Enforcement and Compliance,                             Methodology
                                                  assessment of doubled antidumping                         International Trade Administration,                       The Department is conducting this
                                                  duties.                                                   U.S. Department of Commerce, 14th                       investigation in accordance with section
                                                  Notification to Interested Parties                        Street and Constitution Avenue NW.,                     731 of the Act. Export price (‘‘EP’’) is
                                                                                                            Washington, DC 20230; telephone: (202)                  calculated in accordance with section
                                                    This notice also serves as a reminder                   482–4081, (202) 482–5720, or (202) 482–                 772 of the Act. Normal value (‘‘NV’’) has
                                                  to parties subject to the administrative                  4037, respectively.                                     been calculated in accordance with
                                                  protective order (‘‘APO’’) of their                       SUPPLEMENTARY INFORMATION:                              section 773 of the Act. For a full
                                                  responsibility concerning the                                                                                     description of the methodology
                                                  disposition of proprietary information                    Background                                              underlying our conclusions, see the
                                                  disclosed under APO in accordance                            The Department published the notice                  Preliminary Decision Memorandum,
                                                  with 19 CFR 351.305(a)(3). Timely                         of initiation of this investigation on                  hereby adopted by this notice.
                                                  notification of the destruction of APO                    April 6, 2015.1 Pursuant to section
                                                  materials or conversion to judicial                       733(c)(1)(A) of the Act, the Department                 Preliminary Determinations of Antidumping Duty
                                                  protective order is hereby requested.                     postponed this preliminary LTFV                         Investigations, 80 FR 45640 (July 31, 2015).
                                                                                                                                                                       3 See Memorandum from Christian Marsh, Deputy
                                                  Failure to comply with the regulations                    determination by 50 days until October
                                                                                                                                                                    Assistant Secretary, Antidumping and
                                                  and the terms of an APO is a                              6, 2015.2                                               Countervailing Duty Operations to Paul Piquado,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  sanctionable violation.                                                                                           Assistant Secretary, Enforcement and Compliance
                                                                                                               1 See Certain Polyethylene Terephthalate Resin
                                                                                                                                                                    ‘‘Decision Memorandum for Preliminary
                                                    We are issuing and publishing these                     From Canada, the People’s Republic of China,            Determination of Sales at Less Than Fair Value:
                                                  results and this notice in accordance                     India, and the Sultanate of Oman: Initiation of Less-   Certain Polyethylene Terephthalate Resin from
                                                  with sections 751(a)(1) and 777(i) of the                 Than-Fair-Value Investigations, 80 FR 18376 (April      Canada,’’ (‘‘Preliminary Decision Memorandum’’)
                                                                                                            6, 2015) (‘‘Initiation Notice’’).                       dated concurrently with and hereby adopted by this
                                                  Act.                                                         2 See Certain Polyethylene Terephthalate Resin       notice. A list of the topics discussed in the
                                                                                                            from Canada, the People’s Republic of China, India,     Preliminary Decision Memorandum appears in
                                                    6 See   Order.                                          and the Sultanate of Oman: Postponement of              Appendix I, below.



                                             VerDate Sep<11>2014     17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM   15OCN1


                                                  62020                       Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  All Others Rate                                            after the date on which the final                  postponement of a final antidumping
                                                    Section 735(c)(5)(A) of the Act                          verification report is issued in this              determination be accompanied by a
                                                  provides that the estimated ‘‘all others’’                 proceeding, and rebuttal briefs, limited           request for extension of provisional
                                                  rate shall be an amount equal to the                       to issues raised in case briefs, may be            measures from a four-month period to a
                                                  weighted-average of the estimated                          submitted no later than five days after            period not more than six months in
                                                  weighted-average dumping margins                           the deadline date for submitting case              duration.
                                                                                                             briefs.5 Pursuant to 19 CFR                           Selenis Canada requested that,
                                                  established for exporters and producers
                                                                                                             351.309(c)(2) and (d)(2), parties who              contingent upon an affirmative
                                                  individually investigated, excluding any
                                                                                                             submit case briefs or rebuttal briefs in           preliminary determination of sales at
                                                  zero or de minimis margins, and any
                                                                                                             this proceeding are encouraged to                  LTFV for Selenis Canada, the
                                                  margins determined entirely under
                                                                                                             submit with each argument: (1) A                   Department postpone its final
                                                  section 776 of the Act. We based our
                                                                                                             statement of the issue; (2) a brief                determination pursuant to section
                                                  calculation of the ‘‘all others’’ rate on
                                                                                                             summary of the argument; and (3) a                 735(a)(2) of the Act.7 In addition,
                                                  the margin calculated for Selenis
                                                                                                             table of authorities.                              Selenis Canada requested to extend the
                                                  Canada Inc. (‘‘Selenis Canada’’), the
                                                                                                                Pursuant to 19 CFR 351.310(c),                  application of the provisional measures,
                                                  only mandatory respondent in this
                                                                                                             interested parties who wish to request a           from a four-month period to a period
                                                  investigation.
                                                                                                             hearing must submit a written request to           not to exceed six months.
                                                  Preliminary Determination                                  the Assistant Secretary for Enforcement               In accordance with section
                                                      The Department preliminarily                           and Compliance, U.S. Department of                 735(a)(2)(A) of the Act and 19 CFR
                                                                                                                                                                351.210(b)(2)(ii) and (e)(2), because: (1)
                                                  determines that the following weighted- Commerce, filed electronically using
                                                                                                             ACCESS. All documents must be filed                Our preliminary determination is
                                                  average dumping margins exist during
                                                                                                             electronically using ACCESS. An                    affirmative; (2) the requesting exporter
                                                  the period January 1, 2014, through
                                                                                                             electronically filed request must be               accounts for a significant proportion of
                                                  December 31, 2014:
                                                                                                             received successfully in its entirety by           exports of the subject merchandise; and
                                                                                                  Weighted- ACCESS, by 5:00 p.m. Eastern Time,                  (3) no compelling reasons for denial
                                                                                                   average   within 30 days after the date of                   exist, we are postponing the final
                                                          Producer or exporter                    dumping    publication of this notice.6 Requests              determination and extending the
                                                                                                    margin                                                      provisional measures from a four-month
                                                                                                  (percent)  should contain the party’s name,
                                                                                                             address, and telephone number, the                 period to a period not greater than six
                                                  Selenis Canada Inc. ...................              13.29 number of participants, and a list of the          months. Accordingly, we will make our
                                                  All Others ....................................      13.29 issues to be discussed. If a request for           final determination no later than 135
                                                                                                             a hearing is made, the Department                  days after the date of publication of this
                                                  Suspension of Liquidation                                  intends to hold the hearing at the U.S.            preliminary determination, pursuant to
                                                                                                             Department of Commerce, 14th Street                section 735(a)(2) of the Act.8
                                                      In accordance with section 733(d)(2)
                                                  of the Act, the Department will direct                     and Constitution Avenue NW.,                       U.S. International Trade Commission
                                                  U.S. Customs and Border Protection                         Washington, DC 20230, at a time and                (‘‘ITC’’) Notification
                                                  (‘‘CBP’’) to suspend liquidation of all                    date to be determined. Parties should                 In accordance with section 733(f) of
                                                  entries of PET resin from Canada as                        confirm by telephone the date, time, and           the Act, we will notify the ITC of our
                                                  described in the ‘‘Scope of the                            location of the hearing two days before            preliminary affirmative determination of
                                                  Investigation’’ section entered, or                        the scheduled date.                                sales at LTFV. Because the preliminary
                                                  withdrawn from warehouse, for                              Verification                                       determination in this proceeding is
                                                  consumption on or after the date of                                                                           affirmative, section 735(b)(2) of the Act
                                                                                                                As provided in section 782(i)(1) of the
                                                  publication of this notice in the Federal                                                                     requires that the ITC make its final
                                                                                                             Act, the Department intends to verify
                                                  Register. Pursuant to section                                                                                 determination as to whether the
                                                                                                             the information submitted by Selenis
                                                  733(d)(1)(B) of the Act and 19 CFR                                                                            domestic industry in the United States
                                                                                                             Canada prior to making a final
                                                  351.205(d), we will instruct CBP to                                                                           is materially injured, or threatened with
                                                                                                             determination in this investigation.
                                                  require a cash deposit equal to the                                                                           material injury, by reason of imports of
                                                  weighted-average amount by which the                       Postponement of Final Determination                PET resin from Canada before the later
                                                  NV exceeds EP as indicated in the chart and Extension of Provisional Measures                                 of 120 days after the date of this
                                                  above.4 These suspension of liquidation                       Section 735(a)(2) of the Act provides           preliminary determination or 45 days
                                                  instructions will remain in effect until                   that a final determination may be                  after our final determination. Because
                                                  further notice.                                            postponed until not later than 135 days            we are postponing the deadline for our
                                                                                                             after the date of the publication of the           final determination to 135 days from the
                                                  Disclosure and Public Comment
                                                                                                             preliminary determination if, in the               date of publication of this preliminary
                                                      We intend to disclose the calculations                                                                    determination, as discussed above, the
                                                                                                             event of an affirmative preliminary
                                                  performed to parties in this proceeding                                                                       ITC will make its final determination no
                                                                                                             determination, a request for such
                                                  within five days of any public                                                                                later than 45 days after our final
                                                                                                             postponement is made by exporters who
                                                  announcement of this notice in                                                                                determination.
                                                                                                             account for a significant proportion of
                                                  accordance with 19 CFR 351.224(b).                                                                               This determination is issued and
                                                                                                             exports of the subject merchandise, or in
                                                  Case briefs or other written comments                                                                         published in accordance with sections
                                                                                                             the event of a negative preliminary
                                                  may be submitted to the Assistant
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             determination, a request for such                  733(f) and 777(i)(1) of the Act and 19
                                                  Secretary for Enforcement and                                                                                 CFR 351.205(c).
                                                                                                             postponement is made by the petitioner.
                                                  Compliance no later than seven days
                                                                                                             19 CFR 351.210(e)(2) requires that                   7 See Letter from the Selenis Canada to the
                                                     4 See Modification of Regulations Regarding the
                                                                                                             requests by respondents for                        Department regarding, ‘‘Polyethylene Terephthalate
                                                  Practice of Accepting Bonds During the Provisional                                                            Resin (‘‘PET Resin’’) from Canada Request to Extend
                                                                                                             5 See 19 CFR 351.309(c); see also 19 CFR 351.303   the Due Date of the Final Determination,’’ dated
                                                  Measures Period in Antidumping and
                                                  Countervailing Duty Investigations, 76 FR 61042         (for general filing requirements).                    September 30, 2015.
                                                  (October 3, 2011).                                         6 See 19 CFR 351.310(c).                             8 See 19 CFR 351.210(e).




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                                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                               62021

                                                    Dated: October 6, 2015.                               SUPPLEMENTARY INFORMATION:                            liquidation of the relevant entries
                                                  Paul Piquado,                                                                                                 during this review period. Failure to
                                                                                                          Background
                                                  Assistant Secretary for Enforcement and                                                                       comply with this requirement could
                                                  Compliance.                                                On July 1, 2015, based on a timely                 result in the Department’s presumption
                                                                                                          request for review by Eramet Marietta,                that reimbursement of the antidumping
                                                  Appendix I: List of Topics Discussed in
                                                                                                          Inc. (Eramet) and Felman Production,                  duties occurred and the subsequent
                                                  the Preliminary Decision Memorandum
                                                                                                          LLC (Felman) (collectively, Petitioners),             assessment of doubled antidumping
                                                  I. Summary                                              the Department published in the                       duties.
                                                  II. Background                                          Federal Register a notice of initiation of               This notice also serves as a final
                                                  III. Period of Investigation                            an administrative review of the                       reminder to parties subject to
                                                  IV. Postponement of Preliminary
                                                                                                          antidumping duty order on                             administrative protective order (APO) of
                                                        Determination
                                                  V. Postponement of Final Determination and              silicomanganese from Venezuela                        their responsibility concerning the
                                                        Extension of Provisional Measures                 covering the period May 1, 2014,                      return or destruction of proprietary
                                                  VI. Scope of the Investigation                          through April 30, 2015.1 On August 25,                information disclosed under APO in
                                                  VII. Scope Comments                                     2015, Petitioners withdrew its request                accordance with 19 CFR 351.305, which
                                                  VIII. Discussion of Methodology                         for an administrative review of all of the            continues to govern business
                                                     A. Fair Value Comparisons                            companies listed in its review request.2              proprietary information in this segment
                                                     1. Determination of the Comparison                                                                         of the proceeding. Timely written
                                                        Method                                            Rescission of Review
                                                     2. Results of the Differential Pricing                                                                     notification of the return/destruction of
                                                                                                             Pursuant to 19 CFR 351.213(d)(1), the              APO materials or conversion to judicial
                                                        Analysis
                                                     B. Product Comparisons                               Department will rescind an                            protective order is hereby requested.
                                                     C. Date of Sale                                      administrative review, in whole or in                 Failure to comply with the regulations
                                                     D. U.S. Price                                        part, if the party that requested the                 and terms of an APO is a violation
                                                     E. Normal Value                                      review withdraws its request within 90                which is subject to sanction.
                                                     1. Comparison-Market Viability                       days of the publication of the notice of                 This notice is issued and published in
                                                     2. Level of Trade                                    initiation of the requested review. In                accordance with sections 751(a)(1) and
                                                     3. Calculation of Normal Value Based on              this case, Petitioners timely withdrew
                                                        Comparison Market Prices
                                                                                                                                                                777(i)(1) of the Tariff Act of 1930, as
                                                                                                          its review request by the 90-day                      amended, and 19 CFR 351.213(d)(4).
                                                     4. Calculation of Normal Value Based on
                                                        Constructed Value                                 deadline, and no other party requested
                                                                                                                                                                  Dated: October 7, 2015.
                                                     F. Cost of Production                                an administrative review of the
                                                                                                                                                                Christian Marsh,
                                                     1. Calculation of COP                                antidumping duty order. As a result, we
                                                     2. Test of Comparison Market Sales Prices            are rescinding the administrative review              Deputy Assistant Secretary for Antidumping
                                                     3. Results of the COP Test                                                                                 and Countervailing Duties.
                                                                                                          of silicomanganese from Venezuela for
                                                  IX. Currency Conversion                                 the period May 1, 2014, through April                 [FR Doc. 2015–26256 Filed 10–14–15; 8:45 am]
                                                  X. Verification                                         30, 2015.                                             BILLING CODE 3510–DS–P
                                                  XI. Recommendation
                                                  [FR Doc. 2015–26263 Filed 10–14–15; 8:45 am]            Assessment
                                                  BILLING CODE 3510–DS–P                                    The Department will instruct U.S.                   DEPARTMENT OF COMMERCE
                                                                                                          Customs and Border Protection (CBP) to
                                                                                                                                                                International Trade Administration
                                                                                                          assess antidumping duties on all
                                                  DEPARTMENT OF COMMERCE                                  appropriate entries. Because the                      [A–523–810]
                                                                                                          Department is rescinding this
                                                  International Trade Administration                      administrative review in its entirety, the            Certain Polyethylene Terephthalate
                                                  [A–307–820]                                             entries to which this administrative                  Resin From the Sultanate of Oman:
                                                                                                          review pertained shall be assessed                    Affirmative Preliminary Determination
                                                  Silicomanganese from Venezuela:                         antidumping duties at rates equal to the              of Sales at Less Than Fair Value and
                                                  Rescission of Antidumping Duty                          cash deposit of estimated antidumping                 Postponement of Final Determination
                                                  Administrative Review; 2014–2015                        duties required at the time of entry, or              AGENCY:   Enforcement and Compliance,
                                                  AGENCY:  Enforcement and Compliance,                    withdrawal from warehouse, for                        International Trade Administration,
                                                  International Trade Administration,                     consumption, in accordance with 19                    Department of Commerce.
                                                  Department of Commerce.                                 CFR 351.212(c)(1)(i). The Department
                                                                                                                                                                DATES: Effective Date: October 15, 2015.
                                                  SUMMARY: The Department of Commerce                     intends to issue appropriate assessment
                                                                                                                                                                SUMMARY: The Department of Commerce
                                                  (the Department) is rescinding the                      instructions to CBP 15 days after the
                                                                                                                                                                (‘‘Department’’) preliminarily
                                                  administrative review of the                            publication of this notice.
                                                                                                                                                                determines that certain polyethylene
                                                  antidumping duty order on                               Notifications                                         terephthalate resin (‘‘PET resin’’) from
                                                  silicomanganese from Venezuela for the                                                                        the Sultanate of Oman (‘‘Oman’’) is
                                                  period May 1, 2014, through April 30,                     This notice serves as a final reminder
                                                                                                          to importers of their responsibility                  being, or is likely to be, sold in the
                                                  2015.                                                                                                         United States at less than fair value
                                                                                                          under 19 CFR 351.402(f)(2) to file a
                                                  DATES: Effective Date: October 15, 2015.                                                                      (‘‘LTFV’’), as provided in section 733(b)
                                                                                                          certificate regarding the reimbursement
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          of antidumping duties prior to                        of the Tariff Act of 1930, as amended
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Scott Hoefke or Robert James, AD/CVD                                                                          (the ‘‘Act’’). The period of investigation
                                                  Operations, Office VI, Enforcement and                    1 See Initiation of Antidumping and                 is January 1, 2014, through December
                                                  Compliance, International Trade                         Countervailing Duty Administrative Reviews, 80 FR     31, 2014. The estimated weighted-
                                                  Administration, U.S. Department of                      37588 (July 1, 2015).                                 average dumping margins are shown in
                                                                                                            2 See letter from Petitioners to the Secretary of
                                                  Commerce, 14th Street and Constitution                                                                        the ‘‘Preliminary Determination’’
                                                                                                          Commerce entitled, ‘‘Silicomanganese from
                                                  Avenue NW., Washington, DC 20230;                       Venezuela: Withdrawal of Request for
                                                                                                                                                                section of this notice. Interested parties
                                                  telephone: (202) 482–4947 and (202)                     Administrative Review of Antidumping Order,’’         are invited to comment on this
                                                  482–0649, respectively.                                 dated August 25, 2015.                                preliminary determination.


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Document Created: 2018-02-27 08:52:25
Document Modified: 2018-02-27 08:52:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: October 15, 2015.
ContactKarine Gziryan, Cara Lofaro, or Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4081, (202) 482-5720, or (202) 482-4037, respectively.
FR Citation80 FR 62019 

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