81 FR 13321 - Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Negative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 49 (March 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 49 (March 14, 2016)
| Page Range | 13321-13322 | |
| FR Document | 2016-05713 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Notices] [Pages 13321-13322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05713] [[Page 13321]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-523-811] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Negative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are not being provided to producers and exporters of certain polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman). Specifically, the Department determines that the subsidy programs reviewed in this investigation do not yield an aggregate net countervailable subsidy rate above a de minimis level (i.e., one percent ad valorem). The period of investigation is January 1, 2014 through December 31, 2014. DATES: Effective Date: March 14, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Martin, Office IV, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3936. SUPPLEMENTARY INFORMATION: Background Petitioners in this investigation are DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics Corporation, America, (collectively, Petitioners). In addition to the Government of the Sultanate of Oman (GSO), the mandatory respondent in this investigation is OCTAL SAOC-FZC and OCTAL Holding SAOC (collectively, OCTAL). The events that have occurred since the Department published the Preliminary Determination \1\ on August 14, 2015 are discussed in the Issues and Decision Memorandum, which is hereby incorporated in this notice.\2\ This memorandum also details the changes we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondent. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 80 FR 48808 (August 14, 2015) (Preliminary Determination). \2\ See Memorandum to Paul Piquado, ``Countervailing Duty Investigation of Certain Polyethylene Terephthalate resin from the Sultanate of Oman: Issues and Decision Memorandum for the Final Negative Determination'' (March 4, 2015) (Issues and Decision Memorandum). --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination is now March 4, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The merchandise covered by this investigation is PET resin. The merchandise subject to this investigation is properly classified under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 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 complete description of the scope of this investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, dated concurrently with this notice. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. Final Determination We determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Company Subsidy rate ------------------------------------------------------------------------ OCTAL SAOC--FZC and OCTAL Holding SAOC.... 0.59 percent (de minimis).4 ------------------------------------------------------------------------ --------------------------------------------------------------------------- \4\ In accordance with section 703(b)(4) of the Act, we are disregarding de minimis subsidies for the purposes of this final determination. --------------------------------------------------------------------------- Because the total estimated net countervailable subsidy rate for the examined company is de minimis, we determine that countervailable subsidies are not being provided to producers or exporters of PET resin from Oman. We did not calculate an all-others rate pursuant to sections 705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act) because we did not reach an affirmative final determination. Because our final determination is negative, this proceeding is terminated in accordance with section 705(c)(2) of the Act. In the Preliminary Determination, the total net countervailable subsidy rate for the individually examined respondent was de minimis and, therefore, we did not suspend liquidation of entries of PET resin from Oman. Because the estimated subsidy rates for the examined company is de minimis in this final determination, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of PET resin from Oman. International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final determination. Because our final determination is negative, this investigation is terminated. Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. [[Page 13322]] Dated: March 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is polyethylene terephthalate (PET) resin having an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. The scope includes blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum Tariff Liability Issues Comment 1: Whether the Absence of Duty Liability Based on OCTAL's Location in the SFZ Is a Countervailable Subsidy Comment 2: Whether Petitioners' Subsidy Allegations Regarding OCTAL's Tariff Exemptions Were Properly Alleged Provision of Land for Less Than Adequate Remuneration (LTAR) Issues Comment 3: Whether the Department Should Recalculate the Land for LTAR Rate With a Revised Benchmark Comment 4: Whether the Provision of Land for LTAR to OCTAL Is an Export Subsidy Comment 5: Whether The Department Should Recalculate the Land for LTAR Rate To Adjust for OCTAL's Expenses To Develop the Land Provision of Infrastructure for LTAR Issues Comment 6: Whether the Department Should Continue To Find That OCTAL Benefited From GSO Non-General Infrastructure Funding in The Salalah Free Zone (SFZ) Comment 7: Whether GSO Non-General Infrastructure Funding in the SFZ Is an Export Subsidy Comment 8: Whether the Department Miscalculated the GSO Non-General Infrastructure Funding Subsidy Provision of Electricity for LTAR Issues Comment 9: Whether the Department Should Revise Its Electricity for LTAR Benchmark Comment 10: Whether the Provision of Electricity for LTAR Is Specific Miscellaneous Issues Comment 11: Whether the Department Should Countervail OCTAL's Lease With Salalah Port Services Company SAOG (SPSC) Comment 12: Whether The Department Should Have Investigated Other Potential Countervailable Subsidies [FR Doc. 2016-05713 Filed 3-11-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13321
DEPARTMENT OF COMMERCE we made since the Preliminary Final Determination
Determination to the subsidy rates We determine the countervailable
International Trade Administration calculated for the mandatory subsidy rates to be:
respondent. The Issues and Decision
[C–523–811]
Memorandum is a public document and Company Subsidy rate
Certain Polyethylene Terephthalate is on file electronically via Enforcement
and Compliance’s Antidumping and OCTAL SAOC—FZC 0.59 percent (de mini-
Resin From the Sultanate of Oman:
Countervailing Duty Centralized and OCTAL Hold- mis).4
Final Negative Countervailing Duty ing SAOC.
Determination Electronic Service System (ACCESS).
ACCESS is available to registered users
AGENCY: Enforcement and Compliance, at http://access.trade.gov, and is
International Trade Administration, Because the total estimated net
available to all parties in the Central countervailable subsidy rate for the
Department of Commerce. Records Unit, room B8024 of the main examined company is de minimis, we
SUMMARY: The Department of Commerce Department of Commerce building. In determine that countervailable subsidies
(Department) determines that addition, a complete version of the are not being provided to producers or
countervailable subsidies are not being Issues and Decision Memorandum can exporters of PET resin from Oman. We
provided to producers and exporters of be accessed directly at http:// did not calculate an all-others rate
certain polyethylene terephthalate resin enforcement.trade.gov/frn/index.html. pursuant to sections 705(c)(1)(B) and
(PET resin) from the Sultanate of Oman The signed Issues and Decision (c)(5) of the Tariff Act of 1930, as
(Oman). Specifically, the Department Memorandum and the electronic amended (the Act) because we did not
determines that the subsidy programs version of the Issues and Decision reach an affirmative final determination.
reviewed in this investigation do not Memorandum are identical in content. Because our final determination is
yield an aggregate net countervailable As explained in the memorandum negative, this proceeding is terminated
subsidy rate above a de minimis level from the Acting Assistant Secretary for in accordance with section 705(c)(2) of
(i.e., one percent ad valorem). The Enforcement and Compliance, the the Act.
period of investigation is January 1, Department has exercised its discretion In the Preliminary Determination, the
2014 through December 31, 2014. to toll all administrative deadlines due total net countervailable subsidy rate for
DATES: Effective Date: March 14, 2016. to the recent closure of the Federal the individually examined respondent
FOR FURTHER INFORMATION CONTACT: Government. All deadlines in this was de minimis and, therefore, we did
Thomas Martin, Office IV, AD/CVD segment of the proceeding have been not suspend liquidation of entries of
Operations, Enforcement and extended by four business days. The PET resin from Oman. Because the
Compliance, International Trade revised deadline for the final estimated subsidy rates for the
Administration, U.S. Department of determination is now March 4, 2016.3 examined company is de minimis in
Commerce, 14th Street and Constitution this final determination, we are not
Avenue NW., Washington, DC 20230; Scope of the Investigation directing U.S. Customs and Border
telephone: (202) 482–3936. Protection to suspend liquidation of
The merchandise covered by this entries of PET resin from Oman.
SUPPLEMENTARY INFORMATION: investigation is PET resin. The
merchandise subject to this International Trade Commission (ITC)
Background Notification
investigation is properly classified
Petitioners in this investigation are under subheading 3907.60.00.30 of the In accordance with section 705(d) of
DAK Americas, LLC, M&G Chemicals, Harmonized Tariff Schedule of the the Act, we will notify the ITC of our
and Nan Ya Plastics Corporation, United States (HTSUS). Although the final determination. Because our final
America, (collectively, Petitioners). In HTSUS subheading is provided for determination is negative, this
addition to the Government of the convenience and customs purposes, the investigation is terminated.
Sultanate of Oman (GSO), the written description of the merchandise
mandatory respondent in this under investigation is dispositive. For a Return or Destruction of Proprietary
investigation is OCTAL SAOC–FZC and complete description of the scope of this Information
OCTAL Holding SAOC (collectively, investigation, see Appendix I. This notice serves as the only
OCTAL). reminder to parties subject to the
The events that have occurred since Analysis of Subsidy Programs and administrative protective order (APO) of
the Department published the Comments Received their responsibility concerning the
Preliminary Determination 1 on August destruction of proprietary information
The subsidy programs under
14, 2015 are discussed in the Issues and disclosed under APO in accordance
investigation and the issues raised in
Decision Memorandum, which is hereby with 19 CFR 351.305(a)(3). Timely
the case and rebuttal briefs by parties in
incorporated in this notice.2 This written notification of the return/
this investigation are discussed in the
memorandum also details the changes destruction of APO materials or
Issues and Decision Memorandum,
dated concurrently with this notice. A conversion to judicial protective order is
1 See Certain Polyethylene Terephthalate Resin
list of the issues that parties raised, and hereby requested. Failure to comply
From the Sultanate of Oman: Preliminary Negative
Countervailing Duty Determination and Alignment to which we responded in the Issues with the regulations and terms of an
of Final Countervailing Duty Determination With and Decision Memorandum, is attached APO is a violation which is subject to
jstallworth on DSK7TPTVN1PROD with NOTICES
Final Antidumping Duty Determination, 80 FR
to this notice as Appendix II. sanction.
48808 (August 14, 2015) (Preliminary This determination is issued and
Determination). published pursuant to sections 705(d)
2 See Memorandum to Paul Piquado, 3 See Memorandum to the Record from Ron
‘‘Countervailing Duty Investigation of Certain Lorentzen, Acting Assistant Secretary for
and 777(i) of the Act.
Polyethylene Terephthalate resin from the Sultanate Enforcement & Compliance, regarding ‘‘Tolling of
of Oman: Issues and Decision Memorandum for the Administrative Deadlines As a Result of the 4 In accordance with section 703(b)(4) of the Act,
Final Negative Determination’’ (March 4, 2015) Government Closure During Snowstorm Jonas,’’ we are disregarding de minimis subsidies for the
(Issues and Decision Memorandum). dated January 27, 2016. purposes of this final determination.
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![13322 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
Dated: March 4, 2016. Comment 12: Whether The Department February 19, 2016, Petitioners filed
Paul Piquado, Should Have Investigated Other Potential responses to these requests 5 and an
Countervailable Subsidies amendment to the scope section of the
Assistant Secretary for Enforcement and
Compliance. [FR Doc. 2016–05713 Filed 3–11–16; 8:45 am] petition.6
BILLING CODE 3510–DS–P In accordance with section 702(b)(1)
Appendix I
of the Tariff Act of 1930, as amended
Scope of the Investigation (the Act), Petitioners allege that the
The merchandise covered by this DEPARTMENT OF COMMERCE Government of China (GOC) is
investigation is polyethylene terephthalate providing countervailable subsidies
International Trade Administration
(PET) resin having an intrinsic viscosity of at (within the meaning of sections 701 and
least 0.70, but not more than 0.88, deciliters [C–570–043] 771(5) of the Act) to imports of stainless
per gram. The scope includes blends of virgin steel sheet and strip from the PRC, and
PET resin and recycled PET resin containing Stainless Steel Sheet and Strip From that such imports are materially
50 percent or more virgin PET resin content the People’s Republic of China: injuring, or threatening material injury
by weight, provided such blends meet the Initiation of Countervailing Duty
intrinsic viscosity requirements above. The to, an industry in the United States.
Investigation Also, consistent with section 702(b)(1)
scope includes all PET resin meeting the
above specifications regardless of additives AGENCY: Enforcement and Compliance, of the Act, for those alleged programs in
introduced in the manufacturing process. International Trade Administration, the PRC on which we have initiated a
The merchandise subject to this investigation Department of Commerce. CVD investigation, the Petition is
is properly classified under subheading accompanied by information reasonably
DATES: Effective March 3, 2016.
3907.60.00.30 of the Harmonized Tariff available to Petitioners supporting their
Schedule of the United States (HTSUS). FOR FURTHER INFORMATION CONTACT:
allegation.
Although the HTSUS subheading is provided Sean Carey at (202) 482–3964; AD/CVD
Operations, Enforcement and The Department finds that Petitioner
for convenience and customs purposes, the
written description of the merchandise under Compliance, International Trade filed this Petition on behalf of the
investigation is dispositive. Administration, U.S. Department of domestic industry because it is an
Commerce, 14th Street and Constitution interested party as defined in section
Appendix II 771(9)(C) of the Act, and Petitioner has
Avenue NW., Washington, DC 20230.
List of Topics Discussed in the Issues and demonstrated sufficient industry
SUPPLEMENTARY INFORMATION:
Decision Memorandum support with respect to the CVD
The Petition investigation that it is requesting the
Tariff Liability Issues
On February 12, 2016, the Department Department to initiate.7
Comment 1: Whether the Absence of Duty
Liability Based on OCTAL’s Location in of Commerce (Department) received a Period of Investigation
the SFZ Is a Countervailable Subsidy countervailing duty (CVD) petition
concerning imports of stainless steel Pursuant to 19 CFR 351.204(b)(2),
Comment 2: Whether Petitioners’ Subsidy
Allegations Regarding OCTAL’s Tariff sheet and strip from the People’s because the Petition was filed on
Exemptions Were Properly Alleged Republic of China (PRC), filed in proper February 12, 2016, the period of
form on behalf of AK Steel Corporation, investigation is January 1, 2015, through
Provision of Land for Less Than Adequate December 31, 2015.
Remuneration (LTAR) Issues Allegheny Ludlum, LLC d/b/a ATI Flat
Rolled Products, North American Scope of the Investigation
Comment 3: Whether the Department Should
Recalculate the Land for LTAR Rate With Stainless, and Outokumpu Stainless
USA, LLC (collectively, Petitioners).1 The product covered by this
a Revised Benchmark investigation is stainless steel sheet and
Comment 4: Whether the Provision of Land The CVD petition was accompanied by
an Antidumping Duty (AD) petition for strip from the PRC. For a full
for LTAR to OCTAL Is an Export Subsidy
Comment 5: Whether The Department stainless steel sheet and strip from the description of the scope of the
Should Recalculate the Land for LTAR PRC.2 Petitioners are domestic investigation, see the ‘‘Scope of the
Rate To Adjust for OCTAL’s Expenses To producers of stainless steel sheet and Investigation’’ in Appendix I of this
Develop the Land strip, which represents the domestic notice.
Provision of Infrastructure for LTAR Issues industry engaged in the manufacture of Comments on Scope of the
Comment 6: Whether the Department Should stainless steel sheet and strip in the Investigations
Continue To Find That OCTAL Benefited United States.3
On February 17, 2016, the Department During our review of the Petition, the
From GSO Non-General Infrastructure
requested information and clarification Department issued questions to, and
Funding in The Salalah Free Zone (SFZ)
Comment 7: Whether GSO Non-General of certain areas of the Petition.4 On received responses from, Petitioners
Infrastructure Funding in the SFZ Is an pertaining to the proposed scope to
Export Subsidy 1 See ‘‘Stainless Steel Sheet and Strip from the ensure that the scope language in the
Comment 8: Whether the Department People’s Republic of China—Petitions for the Petition would be an accurate reflection
Miscalculated the GSO Non-General Imposition of Antidumping and Countervailing
Infrastructure Funding Subsidy Duties,’’ dated February 12, 2016 (Petition). 5 See the following February 19, 2016, responses
2 Id. from Petitioners: ‘‘Stainless Steel Sheet and Strip
Provision of Electricity for LTAR Issues 3 See Volume I of the Petition, at 2–3. from the People’s Republic of China—Petitioners’
Comment 9: Whether the Department Should 4 See the following February 17, 2016, letters from Response to the Department’s Questions on General
Revise Its Electricity for LTAR Benchmark the Department to Petitioners: ‘‘Petitions for the and Injury Volume of Petition and Amendment to
jstallworth on DSK7TPTVN1PROD with NOTICES
Imposition of Antidumping and Countervailing Petition to Modify Scope Language,’’ (General
Comment 10: Whether the Provision of Issues Supplement); ‘‘Stainless Steel Sheet and
Electricity for LTAR Is Specific Duties on Imports of Stainless Steel Sheet and Strip
from the People’s Republic of China: Supplemental Strip from the People’s Republic of China—
Miscellaneous Issues Questions’’ (General Issues Supplemental Petitioners’ Response to the CVD Supplemental
Questionnaire), ‘‘Petition for the Imposition of Questionnaire’’ (CVD Supplemental Response).
Comment 11: Whether the Department Countervailing Duties on Imports of Stainless Steel 6 See CVD Supplemental Response, at Exhibit
Should Countervail OCTAL’s Lease With Sheet and Strip from the People’s Republic of GEN-Supp.2.
Salalah Port Services Company SAOG China: Supplemental Questions’’ (CVD 7 See the ‘‘Determination of Industry Support for
(SPSC) Supplemental Questionnaire). the Petitions’’ section below.
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Document Created: 2016-03-12 01:00:05
Document Modified: 2016-03-12 01:00:05
| 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 | |
| Contact | Thomas Martin, Office IV, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3936. | |
| FR Citation | 81 FR 13321 |
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