80 FR 62021 - Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: 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)
International Trade Administration
Federal Register Volume 80, Issue 199 (October 15, 2015)
| Page Range | 62021-62023 | |
| FR Document | 2015-26261 |
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)] [Notices] [Pages 62021-62023] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26261] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-523-810] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: 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 the Sultanate of Oman (``Oman'') 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. [[Page 62022]] FOR FURTHER INFORMATION CONTACT: Jonathan 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- 3518. 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 ``Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation,'' (``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 prices (``EP'') and constructed export prices (``CEP'') have been 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. 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 dumping margins, and any dumping margins determined entirely under section 776 of the Act. We based our calculation of the ``all others'' rate on the dumping margin calculated for OCTAL SAOC--FZC (``OCTAL''), the only mandatory respondent in this investigation. This margin was not zero or de mininis and it was not determined entirely under section 776 of the Act. 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) ------------------------------------------------------------------------ OCTAL SAOC--FZC............................................ 6.62 All Others................................................. 6.62 ------------------------------------------------------------------------ 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 Oman, 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 \4\ equal to the weighted-average amount by which the NV exceeds EP, or CEP as indicated in the chart above. 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 after public announcement of the preliminary determination 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). --------------------------------------------------------------------------- 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 hearing 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\ Hearing 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 [[Page 62023]] 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 OCTAL and its affiliates 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. OCTAL requested that, contingent upon an affirmative preliminary determination of sales at LTFV for OCTAL, the Department postpone its final determination pursuant to 19 CFR 351.210(e)(2).\7\ In addition, OCTAL requested to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months. --------------------------------------------------------------------------- \7\ See Letter from OCTAL to the Secretary of Commerce ``OCTAL's Request for Extension of Final Determination and Provisional Measures Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,'' dated September 24, 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 Oman 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). 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 COP Test IX. Currency Conversion X. Verification XI. Recommendation [FR Doc. 2015-26261 Filed 10-14-15; 8:45 am] BILLING CODE 3510-DS-P
![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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![Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices 62023
date, time, and location of the hearing U.S. International Trade Commission DEPARTMENT OF COMMERCE
two days before the scheduled date. (‘‘ITC’’) Notification
International Trade Administration
Verification In accordance with section 733(f) of
the Act, we will notify the ITC of our [C–489–825]
As provided in section 782(i)(1) of the
Act, the Department intends to verify preliminary affirmative determination of Heavy Walled Rectangular Welded
the information submitted by OCTAL sales at LTFV. Because the preliminary Carbon Steel Pipes and Tubes From
and its affiliates prior to making a final determination in this proceeding is the Republic of Turkey: Postponement
determination in this investigation. affirmative, section 735(b)(2) of the Act of Preliminary Determination in the
requires that the ITC make its final Countervailing Duty Investigation
Postponement of Final Determination
determination as to whether the
and Extension of Provisional Measures
domestic industry in the United States AGENCY: Enforcement and Compliance,
Section 735(a)(2) of the Act provides is materially injured, or threatened with International Trade Administration,
that a final determination may be material injury, by reason of imports of Department of Commerce.
postponed until not later than 135 days PET resin from Oman before the later of DATES: Effective Date: October 15, 2015.
after the date of the publication of the 120 days after the date of this FOR FURTHER INFORMATION CONTACT: Reza
preliminary determination if, in the preliminary determination or 45 days Karamloo at (202) 482–4470 or Rebecca
event of an affirmative preliminary after our final determination. Because Trainor at (202) 482–4007, AD/CVD
determination, a request for such we are postponing the deadline for our Operations, Enforcement and
postponement is made by exporters who final determination to 135 days from the Compliance, International Trade
account for a significant proportion of date of publication of this preliminary Administration, Department of
exports of the subject merchandise, or in determination, as discussed above, the Commerce, 14th Street and Constitution
the event of a negative preliminary ITC will make its final determination no Avenue NW., Washington, DC 20230.
determination, a request for such later than 45 days after our final
postponement is made by the petitioner. SUPPLEMENTARY INFORMATION:
determination.
19 CFR 351.210(e)(2) requires that Background
This determination is issued and
requests by respondents for
published in accordance with sections On August 10, 2015, the Department
postponement of a final antidumping
733(f) and 777(i)(1) of the Act and 19 of Commerce (the Department) initiated
determination be accompanied by a
CFR 351.205(c). the countervailing duty (CVD)
request for extension of provisional
Dated: October 6, 2015. investigation of heavy walled
measures from a four-month period to a
rectangular welded carbon steel pipes
period not more than six months in Paul Piquado,
and tubes from the Republic of Turkey.1
duration. Assistant Secretary for Enforcement and
OCTAL requested that, contingent Currently, the preliminary
Compliance.
upon an affirmative preliminary determination is due no later than
determination of sales at LTFV for Appendix I: List of Topics Discussed in October 14, 2015.
OCTAL, the Department postpone its the Preliminary Decision Memorandum
Postponement of the Preliminary
final determination pursuant to 19 CFR I. Summary Determination
351.210(e)(2).7 In addition, OCTAL II. Background
Section 703(b)(1) of the Tariff Act of
requested to extend the application of III. Period of Investigation
IV. Postponement of Preliminary 1930, as amended (the Act), requires the
the provisional measures prescribed Department to issue the preliminary
under section 733(d) of the Act and 19 Determination
V. Postponement of Final Determination and determination in a CVD investigation
CFR 351.210(e)(2), from a four-month within 65 days after the date on which
Extension of Provisional Measures
period to a period not to exceed six the Department initiated the
VI. Scope of the Investigation
months. VII. Scope Comments investigation. However, if the
In accordance with section VIII. Discussion of Methodology Department concludes that the parties
735(a)(2)(A) of the Act and 19 CFR A. Fair Value Comparisons concerned are cooperating, and that the
351.210(b)(2)(ii) and (e)(2), because: (1) 1. Determination of the Comparison case is extraordinarily complicated such
Our preliminary determination is Method that additional time is necessary to
affirmative; (2) the requesting exporter 2. Results of the Differential Pricing
make the preliminary determination,
accounts for a significant proportion of Analysis
B. Product Comparisons section 703(c)(1)(B) of the Act allows
exports of the subject merchandise; and
C. Date of Sale the Department to postpone making the
(3) no compelling reasons for denial
D. U.S. Price preliminary determination until no later
exist, we are postponing the final
E. Normal Value than 130 days after the date on which
determination and extending the
1. Comparison-Market Viability the administering authority initiated the
provisional measures from a four-month
2. Level of Trade investigation. We have concluded that
period to a period not greater than six 3. Calculation of Normal Value Based on the parties concerned are cooperating
months. Accordingly, we will make our Comparison Market Prices and that the case is extraordinarily
final determination no later than 135 4. Calculation of Normal Value Based on complicated, such that we need more
days after the date of publication of this Constructed Value time to make the preliminary
preliminary determination, pursuant to F. Cost of Production
determination. Specifically, the analysis
mstockstill on DSK4VPTVN1PROD with NOTICES
section 735(a)(2) of the Act.8 1. Calculation of COP
2. Test of Comparison Market Sales Prices
will involve not only the usual
7 See Letter from OCTAL to the Secretary of 3. Results of COP Test consideration of financial contribution
Commerce ‘‘OCTAL’s Request for Extension of IX. Currency Conversion and specificity for numerous programs,
Final Determination and Provisional Measures X. Verification
Certain Polyethylene Terephthalate (PET) Resin XI. Recommendation 1 See Heavy Walled Rectangular Welded Carbon
from the Sultanate of Oman,’’ dated September 24, Steel Pipes and Tubes from the Republic of Turkey:
2015. [FR Doc. 2015–26261 Filed 10–14–15; 8:45 am] Initiation of Countervailing Duty Investigation, 80
8 See 19 CFR 351.210(e). BILLING CODE 3510–DS–P FR 49207 (August 17, 2015).
VerDate Sep<11>2014 17:19 Oct 14, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1](https://thefederalregister.org/doc/80_FR_62220/page/3.svg)
Document Created: 2018-02-27 08:52:28
Document Modified: 2018-02-27 08:52:28
| 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: October 15, 2015. | |
| Contact | Jonathan 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- 3518. | |
| FR Citation | 80 FR 62021 |
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