81 FR 13336 - Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value
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 | 13336-13337 | |
| FR Document | 2016-05705 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Notices] [Pages 13336-13337] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05705] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-523-810] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that imports of certain polyethylene terephthalate resin (``PET resin'') from the Sultanate of Oman (``Oman'') are being sold in the United States at less than fair value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, as amended (the ``Act''). The final weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination Margins.'' DATES: Effective Date: March 14, 2016. 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 On October 15, 2015, the Department published in the Federal Register the preliminary determination in the LTFV investigation of PET resin from Oman.\1\ For a description of the events that have occurred since the Preliminary Determination, see the Issue and Decision Memorandum.\2\ 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 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. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 62021 (October 15, 2015) (``Preliminary Determination''). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Issues and Decision Memorandum for the Final Determination of Sales at Less-Than-Fair Value'' (``Issues and Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government because of snowstorm ``Jonas''. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination of this investigation is now March 4, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Period of Investigation The period of investigation (``POI'') is January 1, 2014, through December 31, 2014. Scope of the Investigation The product covered by this investigation is certain PET resin from Oman. For a full description of the scope of the investigation, see Appendix I to this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, and which is hereby adopted by this notice. A list of the issues addressed in the Issues and [[Page 13337]] Decision Memorandum is appended to the notice. Final Determination Margins The Department determines that the following weighted-average dumping margins exist for the period January 1, 2014, through December 31, 2014: ------------------------------------------------------------------------ Weighted- average Exporter or producer dumping margin (percent) ------------------------------------------------------------------------ OCTAL SAOC-FZC............................................. 7.82 All-Others................................................. 7.82 ------------------------------------------------------------------------ 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 OCTAL, the only mandatory respondent in this investigation. Disclosure We will disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (``CBP'') to continue to suspend liquidation of all entries of certain PET resin from Oman which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, the date of publication of the Preliminary Determination. We also will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as follows: (1) The cash deposit rate for OCTAL will be equal to the estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the producer of the subject merchandise; and (3) the cash deposit rate for all other producers or exporters will be 7.82 percent. The instructions suspending liquidation will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (``ITC'') of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice will serve as a reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act. 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 in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues: Comment 1: Sale Type Classification Export Price or Constructed Export Price Comment 2: Indirect Selling Expenses Incurred in the United States Comment 3: Affiliated Party Expenses Comment 4: Ministerial Errors Comment 5: Cost Data Revisions V. Recommendation [FR Doc. 2016-05705 Filed 3-11-16; 8:45 am] BILLING CODE 3510-DS-P
![13336 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
III. Final Determination of Critical least 0.70, but not more than 0.88, deciliters For a description of the events that have
Circumstances, in Part per gram. The scope includes blends of virgin occurred since the Preliminary
IV. Scope of the Investigation PET resin and recycled PET resin containing Determination, see the Issue and
V. List of Issues 50 percent or more virgin PET resin content
Decision Memorandum.2 The Issues and
VI. Subsidies Valuation by weight, provided such blends meet the
A. Allocation Period intrinsic viscosity requirements above. The
Decision Memorandum is a public
B. Attribution of Subsidies scope includes all PET resin meeting the document and is on file electronically
C. Denominators above specifications regardless of additives via Enforcement and Compliance’s
D. Benchmarks and Discount Rates introduced in the manufacturing process. Antidumping and Countervailing Duty
Short-Term and Long-Term Rupee The merchandise subject to this Centralized Electronic Service System
Denominated Loans Discount Rates investigation is properly classified under (ACCESS). ACCESS is available to
VII. Use of Facts Otherwise Available and subheading 3907.60.00.30 of the Harmonized registered users at http://
Adverse Inferences Tariff Schedule of the United States access.trade.gov and to all parties in the
JBF Industries Limited (JBF) (HTSUS). Although the HTSUS subheading
Government of India (GOI) Central Records Unit, room B8024 of the
is provided for convenience and customs
Selection of the Adverse Facts Available purposes, the written description of the
main Department of Commerce
Rate merchandise under investigation is building. In addition, a complete
Corroboration of Secondary Information dispositive. version of the Issues and Decision
VIII. Analysis of Programs Memorandum can be accessed directly
[FR Doc. 2016–05712 Filed 3–11–16; 8:45 am]
A. Programs Preliminarily Determined To at http://enforcement.trade.gov. The
Be Countervailable BILLING CODE 3510–DS–P
signed and electronic versions of the
1. Export Promotion of Capital Goods
Issues and Decision Memorandum are
Scheme (EPCG)
2. Duty Drawback (DDB) DEPARTMENT OF COMMERCE identical in content.
3. Focus Product Scheme (FPS) As explained in the memorandum
4. Incentive Under The West Bengal State International Trade Administration from the Acting Assistant Secretary for
Support for Industries Scheme Enforcement & Compliance, the
[A–523–810]
B. Programs Preliminary Determined Not Department has exercised its discretion
To Be Used or Not To Confer a Benefit to toll all administrative deadlines due
During the POI by Dhunseri
Certain Polyethylene Terephthalate
Resin From the Sultanate of Oman: to the recent closure of the Federal
1. Pre- and Post-Shipment Export Government because of snowstorm
Financing Final Determination of Sales at Less
Than Fair Value ‘‘Jonas’’. All deadlines in this segment
2. Duty Free Import Authorization Scheme
3. State Government of Gujarat’s Provision of the proceeding have been extended
of Land for Less Than Adequate AGENCY: Enforcement and Compliance, by four business days. The revised
Remuneration International Trade Administration, deadline for the final determination of
4. Financial Assistance to Industrial Parks Department of Commerce. this investigation is now March 4,
5. Income Tax Exemption Scheme (ITES) SUMMARY: The Department of Commerce 2016.3
(‘‘the Department’’) determines that
Government of India Programs Period of Investigation
imports of certain polyethylene
a. Status Holder Incentive Scrip terephthalate resin (‘‘PET resin’’) from The period of investigation (‘‘POI’’) is
b. Advance Licenses Program the Sultanate of Oman (‘‘Oman’’) are
c. Focus Market Scheme
January 1, 2014, through December 31,
being sold in the United States at less 2014.
d. Special Economic Zones (SEZ) (6
Programs) than fair value (‘‘LTFV’’), as provided in
section 735 of the Tariff Act of 1930, as Scope of the Investigation
e. Export Oriented Units (EOUs Program:
Duty Drawback on Furnace Oil Procured amended (the ‘‘Act’’). The final The product covered by this
From Domestic Oil Companies weighted-average dumping margins of investigation is certain PET resin from
f. GOI Loan Guarantees sales at LTFV are listed below in the Oman. For a full description of the
g. Market Development Assistance Program section entitled ‘‘Final Determination scope of the investigation, see Appendix
State Government Programs Margins.’’ I to this notice.
a. State and Union Territory Sales Tax DATES: Effective Date: March 14, 2016. Analysis of Comments Received
Incentive Programs FOR FURTHER INFORMATION CONTACT:
b. Maharashtra Market Development All issues raised in the case and
Jonathan Hill, AD/CVD Operations,
Assistance Program rebuttal briefs by parties in this
Office IV, Enforcement and Compliance,
c. Maharashtra Industrial Promotion investigation are addressed in the Issues
International Trade Administration,
Subsidy and Decision Memorandum
d. Maharashtra Electricity Duty Exemption
U.S. Department of Commerce, 14th
accompanying this notice, and which is
e. Maharashtra Waiver of Stamp Duty Street and Constitution Avenue NW.,
hereby adopted by this notice. A list of
f. State Government of Maharashtra— Washington, DC 20230; telephone: (202)
the issues addressed in the Issues and
Incentives to Strengthening Micro-, 482–3518.
Small-, and Medium-Sized and Large SUPPLEMENTARY INFORMATION: 2 See Memorandum from Christian Marsh, Deputy
Scale Industries
Background Assistant Secretary for Antidumping and
g. State Government of Gujarat—Industrial Countervailing Duty Operations, to Paul Piquado,
Policy 2009 Scheme On October 15, 2015, the Department Assistant Secretary for Enforcement and
C. Final AFA Rates for Programs published in the Federal Register the Compliance ‘‘Certain Polyethylene Terephthalate
Determined Used by JBF Resin From the Sultanate of Oman: Issues and
preliminary determination in the LTFV
jstallworth on DSK7TPTVN1PROD with NOTICES
IX. Calculation of the All-Others Rate Decision Memorandum for the Final Determination
X. Analysis of Comments investigation of PET resin from Oman.1 of Sales at Less-Than-Fair Value’’ (‘‘Issues and
XI. Recommendation Decision Memorandum’’), dated concurrently with
1 See Certain Polyethylene Terephthalate Resin this notice.
Appendix II From the Sultanate of Oman: Affirmative 3 See Memorandum to the Record from Ron
Preliminary Determination of Sales at Less Than Lorentzen, Acting A/S for Enforcement &
The merchandise covered by this Fair Value and Postponement of Final Compliance, regarding ‘‘Tolling of Administrative
investigation is polyethylene terephthalate Determination, 80 FR 62021 (October 15, 2015) Deadlines As a Result of the Government Closure
(PET) resin having an intrinsic viscosity of at (‘‘Preliminary Determination’’). During Snowstorm Jonas,’’ dated January 27, 2016.
VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1](https://thefederalregister.org/doc/81_FR_13385/page/1.svg)
![Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13337
Decision Memorandum is appended to instructions suspending liquidation will for convenience and customs purposes, the
the notice. remain in effect until further notice. written description of the merchandise under
investigation is dispositive.
Final Determination Margins International Trade Commission
Notification Appendix II— List of Topics in the
The Department determines that the Issues and Decision Memorandum
following weighted-average dumping In accordance with section 735(d) of
margins exist for the period January 1, the Act, we will notify the U.S. I. Summary
2014, through December 31, 2014: International Trade Commission (‘‘ITC’’) II. Background
III. Scope of the Investigation
of our final determination. As our final
Weighted- IV. Discussion of the Issues:
determination is affirmative, in Comment 1: Sale Type Classification
average accordance with section 735(b)(2) of the
Exporter or producer dumping Export Price or Constructed Export Price
margin Act, the ITC will determine within 45 Comment 2: Indirect Selling Expenses
(percent) days whether the domestic industry in Incurred in the United States
the United States is materially injured, Comment 3: Affiliated Party Expenses
OCTAL SAOC–FZC ................. 7.82 or threatened with material injury, by Comment 4: Ministerial Errors
All-Others .................................. 7.82 reason of imports or sales (or the Comment 5: Cost Data Revisions
likelihood of sales) for importation of V. Recommendation
All-Others Rate the subject merchandise. If the ITC [FR Doc. 2016–05705 Filed 3–11–16; 8:45 am]
Section 735(c)(5)(A) of the Act determines that such injury exists, the BILLING CODE 3510–DS–P
provides that the estimated ‘‘all-others’’ Department will issue an antidumping
rate shall be an amount equal to the duty order directing CBP to assess, upon
weighted average of the estimated further instruction by the Department, DEPARTMENT OF COMMERCE
weighted-average dumping margins antidumping duties on all imports of the
established for exporters and producers subject merchandise entered, or International Trade Administration
individually investigated, excluding any withdrawn from warehouse, for [C–570–025]
zero or de minimis margins, and any consumption on or after the effective
margins determined entirely under date of the suspension of liquidation. Countervailing Duty Investigation of
section 776 of the Act. We based our Certain Polyethylene Terephthalate
calculation of the ‘‘all-others’’ rate on Return or Destruction of Proprietary
Resin From the People’s Republic of
the margin calculated for OCTAL, the Information
China: Final Affirmative Determination
only mandatory respondent in this This notice will serve as a reminder
investigation. to parties subject to administrative AGENCY: Enforcement and Compliance,
protective order (‘‘APO’’) of their International Trade Administration,
Disclosure Department of Commerce.
responsibility concerning the
We will disclose to parties in this disposition of proprietary information SUMMARY: The Department of Commerce
proceeding the calculations performed disclosed under APO in accordance (the Department) determines that
for this final determination within five with 19 CFR 351.305(a)(3). Timely countervailable subsidies are being
days of the date of public written notification of the destruction of provided to producers and exporters of
announcement of our final APO materials or conversion to judicial certain polyethylene terephthalate (PET)
determination, in accordance with 19 protective order is hereby requested. resin from the People’s Republic of
CFR 351.224(b). Failure to comply with the regulations China (PRC) as provided in section 705
Continuation of Suspension of and the terms of an APO is a of the Tariff Act of 1930, as amended
Liquidation sanctionable violation. (the Act). For information on the
We are issuing and publishing this estimated subsidy rates, see the ‘‘Final
Pursuant to section 735(c)(1)(B) of the determination and notice in accordance Determination’’ section of this notice.
Act, the Department will instruct U.S. with sections 735(d) and 777(i) of the The period of investigation is January 1,
Customs and Border Protection (‘‘CBP’’) Act. 2014, through December 31, 2014.
to continue to suspend liquidation of all
entries of certain PET resin from Oman Dated: March 4, 2016. DATES: Effective Date: March 14, 2016.
which were entered, or withdrawn from Paul Piquado, FOR FURTHER INFORMATION CONTACT:
warehouse, for consumption on or after Assistant Secretary for Enforcement and Yasmin Bordas or Emily Maloof, AD/
October 15, 2015, the date of Compliance. CVD Operations, Office VI, Enforcement
publication of the Preliminary Appendix I—Scope of the Investigation and Compliance, International Trade
Determination. We also will instruct Administration, U.S. Department of
CBP to require a cash deposit equal to The merchandise covered by this Commerce, 14th Street and Constitution
investigation is polyethylene terephthalate Avenue NW., Washington, DC 20230;
the weighted-average amount by which (PET) resin having an intrinsic viscosity of at
normal value exceeds U.S. price, as telephone (202) 482–3813 or (202) 482–
least 0.70, but not more than 0.88, deciliters
follows: (1) The cash deposit rate for per gram. The scope includes blends of virgin
5649, respectively.
OCTAL will be equal to the estimated PET resin and recycled PET resin containing SUPPLEMENTARY INFORMATION:
weighted-average dumping margin 50 percent or more virgin PET resin content
Background
determined in this final determination; by weight, provided such blends meet the
(2) if the exporter is not a firm identified intrinsic viscosity requirements above. The The Department published the
jstallworth on DSK7TPTVN1PROD with NOTICES
in this investigation but the producer is, scope includes all PET resin meeting the Preliminary Determination on August
the cash deposit rate will be equal to the above specifications regardless of additives 14, 2015.1 A summary of the events that
introduced in the manufacturing process.
estimated weighted-average dumping The merchandise subject to this investigation 1 See Countervailing Duty Investigation of Certain
margin established for the producer of is properly classified under subheading Polyethylene Terephthalate Resin From the People’s
the subject merchandise; and (3) the 3907.60.00.30 of the Harmonized Tariff Republic of China: Preliminary Affirmative
cash deposit rate for all other producers Schedule of the United States (HTSUS). Determination and Alignment of Final
or exporters will be 7.82 percent. The Although the HTSUS subheading is provided Continued
VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1](https://thefederalregister.org/doc/81_FR_13385/page/2.svg)
Document Created: 2016-03-12 01:00:20
Document Modified: 2016-03-12 01:00:20
| 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 | 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 | 81 FR 13336 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR