81_FR_28067 81 FR 27979 - Certain Polyethylene Terephthalate Resin From Canada, the People's Republic of China, India, and the Sultanate of Oman: Amended Final Affirmative Antidumping Determination (Sultanate of Oman) and Antidumping Duty Orders

81 FR 27979 - Certain Polyethylene Terephthalate Resin From Canada, the People's Republic of China, India, and the Sultanate of Oman: Amended Final Affirmative Antidumping Determination (Sultanate of Oman) and Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 88 (May 6, 2016)

Page Range27979-27982
FR Document2016-10762

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC''), the Department is issuing antidumping duty orders on certain polyethylene terephthalate (``PET'') resin from Canada, the People's Republic of China (``PRC''), India, and the Sultanate of Oman (``Oman''). In addition, as a result of a ministerial error, the Department is amending its final determination of sales at less-than- fair-value (``LTFV'') with regard to PET resin from Oman.

Federal Register, Volume 81 Issue 88 (Friday, May 6, 2016) 
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27979-27982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10762]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855, A-533-861, A-523-810, A-570-024]


Certain Polyethylene Terephthalate Resin From Canada, the 
People's Republic of China, India, and the Sultanate of Oman: Amended 
Final Affirmative Antidumping Determination (Sultanate of Oman) and 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing antidumping duty orders on 
certain polyethylene terephthalate (``PET'') resin from Canada, the 
People's Republic of China (``PRC''), India, and the Sultanate of Oman 
(``Oman''). In addition, as a result of a ministerial error, the 
Department is amending its final determination of sales at less-than-
fair-value (``LTFV'') with regard to PET resin from Oman.

DATES: Effective May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 
(Canada), Steve Bezirganian at (202) 482-1131 (PRC), Fred Baker at 
(202) 482-2924 (India), or Jonathan Hill at (202) 482-3518 (Oman), AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.210(c), on March 14, 
2016, the Department published its affirmative final determinations in 
the LTFV investigations of certain PET resin from Canada, the PRC, 
India, and Oman.\1\ On March 14, 2016, the Department received a timely 
allegation from OCTAL SAOC--FZC (``OCTAL'') that the Department made 
ministerial errors in the final determination in the AD

[[Page 27980]]

investigation of PET resin from Oman.\2\ The Department analyzed 
OCTAL's comments and determined that ministerial errors exist, as 
defined by section 735(e) of the Act and 19 CFR 351.224(f). See 
``Amendment to Oman Final Determination'' section below for further 
discussion.
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin from Canada: 
Final Determination of Sales at Less Than Fair Value, 81 FR 13319 
(March 14, 2016) (``Canada Final''); Certain Polyethylene 
Terephthalate Resin from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 81 FR 13331 (March 
14, 2016) (``PRC Final''); Certain Polyethylene Terephthalate Resin 
from India: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, 81 FR 
13327 (March 14, 2016) (``India Final''); and Certain Polyethylene 
Terephthalate Resin from the Sultanate of Oman: Final Determination 
of Sales at Less Than Fair Value, 81 FR 13336 (March 14, 2016) 
(``Oman Final'').
    \2\ See Letter from OCTAL, ``OCTAL's Request to Correct 
Ministerial Errors in Final Determination Certain Polyethylene 
Terephthalate (PET) Resin from the Sultanate of Oman,'' dated March 
14, 2016.
---------------------------------------------------------------------------

    On April 28, 2016, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of certain PET resin from Canada, 
India, the PRC, and Oman and its determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from India \3\ that are subject to the Department's 
affirmative critical circumstances finding.\4\
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    \3\ No critical circumstances were alleged with respect to 
imports of subject merchandise from Canada, the PRC, or Oman.
    \4\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
certain polyethylene terephthalate resin from Canada, China, India, 
and Oman (April 28, 2016) (``ITC Letter''); see also Certain 
Polyethylene Terephthalate Resin from Canada, China, India, and 
Oman, USITC Investigation Nos. 701-TA-531-532 and 731-TA-1270-1273 
(Final), USITC Publication 4604 (April 2016).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is 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 these orders 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 covered by these orders is dispositive.

Amendment to Oman Final Determination

    On March 14, 2016, OCTAL submitted an allegation claiming that the 
Department made a ministerial error because its comparison market 
program failed to recognize the gross unit prices for all home market 
sales transactions invoiced in United States Dollars (``USD'').\5\ A 
ministerial error is defined as an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.\6\
---------------------------------------------------------------------------

    \5\ See Letter from OCTAL to the Secretary of Commerce ``OCTAL's 
Request to Correct Ministerial Errors in Final Determination Certain 
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,'' 
dated March 14, 2016.
    \6\ See section 735(e) of the Act.
---------------------------------------------------------------------------

    The Department reviewed the record and agrees that the error 
referenced in OCTAL's allegation constitutes a ministerial error within 
the meaning of 19 CFR 351.224(f).\7\ Specifically, the Department 
inadvertently omitted from its price comparisons the gross unit prices 
reported in the comparison market database for sales transactions in 
which the gross unit price was reported in USD.\8\ As a result of this 
omission, normal value (``NV'') was not calculated for all of OCTAL's 
comparison market sales transactions and thus, a comparison between 
U.S. sales prices and NVs using all appropriate NVs was not made.\9\ 
Accordingly, because NV was not calculated for all comparison market 
sales, the Department is revising the comparison market programing 
language in a manner which will result in the program recognizing the 
gross unit prices of sales transactions for which the gross unit price 
was reported in USD.\10\ Pursuant to 19 CFR 351.224(f), the Department 
is amending the Oman Final to reflect the correction of the ministerial 
error described above. Based on our correction, OCTAL's weighted-
average dumping margin decreased from 7.82 percent to 7.62 percent. In 
addition, because the ``all-others'' rate is based on OCTAL's dumping 
margin, the Department has revised the all-others rate in this amended 
final determination accordingly.\11\
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    \7\ See Final Determination in the Antidumping Duty 
Investigation of Certain Polyethylene Terephthalate Resin from the 
Sultanate of Oman: Ministerial Error Memorandum,'' dated April 4, 
2016.
    \8\ Id.
    \9\ Id.
    \10\ Id.
    \11\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
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Antidumping Duty Orders

    As stated above, on April 28, 2016, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of certain PET resin from Canada, the PRC, India, and Oman and 
that critical circumstances do not exist with respect to imports of 
subject merchandise from India that are subject to the Department's 
affirmative critical circumstances finding.\12\ Therefore, in 
accordance with section 735(c)(2) of the Act, the Department is issuing 
these antidumping duty orders. Because the ITC determined that imports 
of certain PET resin from Canada, the PRC, India, and Oman are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Canada, the PRC, India, and Oman, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
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    \12\ See ITC Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the NV of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of certain PET resin from Canada, the PRC, India, and 
Oman. Antidumping duties will be assessed on unliquidated entries of 
certain PET resin from Canada, the PRC, India, and Oman entered, or 
withdrawn from warehouse, for consumption on or after October 15, 2015, 
the date of publication of the preliminary determinations,\13\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the

[[Page 27981]]

ITC's final injury determination as further described below.
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    \13\ See Certain Polyethylene Terephthalate Resin from Canada: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 80 FR 62019 (October 
15, 2015) (``Canada Prelim''); Certain Polyethylene Terephthalate 
Resin From the People's Republic of China: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 80 FR 62024 (October 15, 2015) (``PRC Prelim''), as 
corrected by Certain Polyethylene Terephthalate Resin From the 
People's Republic of China: Notice of Correction to Preliminary 
Affirmative Less Than Fair Value Determination, 80 FR 69643 
(November 10, 2015); Certain Polyethylene Terephthalate Resin From 
India: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination, 80 FR 62029 
(October 15, 2015) (``India Prelim''); and 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) 
(``Oman Prelim'').
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of certain PET resin from Canada, the PRC, India, and Oman. 
These instructions suspending liquidation will remain in effect until 
further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below, which are adjusted for certain 
countervailable subsidies, where appropriate, as described below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the cash deposit rates listed 
below.\14\ The relevant all-others rates apply to all producers or 
exporters not specifically listed. For the purpose of determining cash 
deposit rates, the estimated weighted-average dumping margins for 
imports of subject merchandise from the PRC and India have been 
adjusted, as appropriate, for export subsidies found in the final 
determinations of the companion countervailing duty investigations of 
this merchandise imported from the PRC and India.\15\ Regarding the 
cash deposit rates for subject merchandise from the PRC, estimated 
weighted-average dumping margins were also adjusted, where appropriate, 
for estimated domestic subsidy pass-through.\16\
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    \14\ See section 736(a)(3) of the Act.
    \15\ See PRC Final and India Final. See also section 
772(c)(1)(C) of the Act.
    \16\ See section 777A(f) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain PET resin from Canada, the PRC, India, and Oman, 
the Department extended the four-month period to six months in each 
case.\17\ In the underlying investigations, the Department published 
the preliminary determinations on October 15, 2015. Therefore, the 
extended period, beginning on the date of publication of the 
preliminary determination, ended on April 11, 2016. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
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    \17\ See Canada Prelim; PRC Prelim; India Prelim; and Oman 
Prelim.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, the Department will instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain PET resin from Canada, the PRC, India, 
and Oman entered, or withdrawn from warehouse, for consumption after 
April 11, 2016, the date on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from India, the 
Department will instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after July 17, 2015 (i.e., 90 
days prior to the date of publication of the India Prelim), but before 
October 15, 2015, (i.e., the date of publication of the India Prelim).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages and cash 
deposit rates are as follows:

------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Canada:
    Selenis Canada......................           13.60           13.60
    All-Others..........................           13.60           13.60
India:
    Dhunseri Petrochem, Ltd.............           19.41           14.31
    Ester Industries, Ltd...............           14.23            9.31
    JBF Industries, Ltd.................           19.41            0.00
    Reliance Industries, Ltd............            8.03            2.93
    All-Others..........................           11.13            6.03
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumping margin  rate (percent)
                                                                                     (percent)         \18\
----------------------------------------------------------------------------------------------------------------
PRC:
    Far Eastern Industries (Shanghai) Ltd. or   Far Eastern Industries                    104.98           99.29
     Oriental Industries (Suzhou) Limited.       (Shanghai) Ltd. or Oriental
                                                 Industries (Suzhou) Limited.

[[Page 27982]]

 
    Jiangyin Xingyu New Material Co., Ltd. or   Jiangyin Xingyu New Material              118.32          114.15
     Jiangsu Xingye Plastic Co., Ltd. or         Co., Ltd. or Jiangsu Xingye
     Jiangyin Xingjia Plastic Co., Ltd. or       Plastic Co., Ltd. or Jiangyin
     Jiangyin Xingtai New Material Co., Ltd.     Xingjia Plastic Co., Ltd. or
     or Jiangsu Xingye Polytech Co., Ltd.        Jiangyin Xingtai New Material
                                                 Co., Ltd. or Jiangsu Xingye
                                                 Polytech Co., Ltd.
    Dragon Special Resin (XIAMEN) Co., Ltd....  Dragon Special Resin (XIAMEN)             114.47          100.85
                                                 Co., Ltd.
    Hainan Yisheng Petrochemical Co., Ltd.....  Hainan Yisheng Petrochemical              114.47          105.70
                                                 Co., Ltd.
    Shanghai Hengyi Polyester Fiber Co., Ltd..  Shanghai Hengyi Polyester Fiber           114.47          105.70
                                                 Co., Ltd.
    Zhejiang Wankai New Materials Co., Ltd....  Zhejiang Wankai New Materials             114.47          105.70
                                                 Co., Ltd.
    PRC-Wide Entity...........................                                            126.58          125.75
----------------------------------------------------------------------------------------------------------------
\18\ Certain PRC cash deposit rates have changed since the PRC Final to reflect certain changes to the subsidy
  rates in the amended final determination of the companion countervailing duty investigation. See Memorandum
  from Tyler Weinhold, International Trade Analyst, AD/CVD Operations, Office VI and Steve Bezirganian,
  International Trade Analyst, AD/CVD Operations, Office VI to Robert James, Program Manager, AD/CVD Operations,
  Office VI ``Certain Polyethylene Terephthalate Resin from the People's Republic of China: Adjustment to Final
  Double Remedies Calculations to Account for Corrections of Ministerial Errors in the Companion Countervailing
  Duty Investigation,'' dated concurrently with this notice.


------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Oman:
    OCTAL SAOC-FZC......................            7.62            7.62
    All-Others..........................            7.62            7.62
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
certain PET resin from Canada, the PRC, India, and Oman pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10762 Filed 5-5-16; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices 27979 determination in the Federal Register reinstitute the suspension of liquidation net countervailable subsidy rates for the are not liable for the assessment of of PET resin from India and the PRC, subject merchandise. On or after the countervailing duties due to the effective the date of publication of the date of publication of the ITC’s final Department’s discontinuation, effective ITC’s notice of final determinations in injury determinations in the Federal December 12, 2015, of the suspension of the Federal Register, and to assess, Register, CBP must require, at the same liquidation. upon further instruction by the time as importers would normally Department pursuant to section deposit estimated duties on this Suspension of Liquidation 706(a)(1) of the Act, countervailing merchandise, a cash deposit equal to the In accordance with section 706 of the duties for each entry of the subject rates noted below: Act, the Department will direct CBP to merchandise in an amount based on the Subsidy rate Exporter/producer from India (percent) Dhunseri Petrochem Ltd. (formerly Dhunseri Petrochem and Tea Ltd) (collectively, Dhunseri) ........................................................ 5.12 JBF Industries Limited ......................................................................................................................................................................... 153.80 All-Others ............................................................................................................................................................................................. 5.12 Amended Exporter/producer from the PRC subsidy rate (percent) Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co., Ltd., Jiangyin Hailun Petrochemi- cals Co., Ltd., Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang Inter- national Trading Co., Ltd., Jiangyin HuaYi Polymerization Co., Ltd., Jiangyin Xingsheng Plastic Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical Fiber Co., Ltd., (collectively, Xingyu) ................ 7.53 Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu Petrochemicals Co., Ltd.; Xianglu Petrochemicals (Zhangzhou) Co. Ltd.; Xiamen Xianglu Chemical Fiber Company Limited; and Dragon Aromatics (Zhangzhou) Co., Ltd. (collectively, Dragon Group) 47.56 All-Others ............................................................................................................................................................................................. 27.55 Critical Circumstances DEPARTMENT OF COMMERCE 482–2924 (India), or Jonathan Hill at With regard to the ITC’s negative (202) 482–3518 (Oman), AD/CVD critical circumstances determination on International Trade Administration Operations, Enforcement and imports of PET resin from India, we will Compliance, International Trade [A–122–855, A–533–861, A–523–810, A–570– Administration, U.S. Department of instruct CBP to lift suspension and to 024] refund any cash deposits made to secure Commerce, 14th Street and Constitution the payment of estimated countervailing Certain Polyethylene Terephthalate Avenue NW., Washington, DC 20230. duties with respect to entries of the Resin From Canada, the People’s SUPPLEMENTARY INFORMATION: subject merchandise entered, or Republic of China, India, and the withdrawn from warehouse, for Background Sultanate of Oman: Amended Final consumption on or after May 16, 2015 Affirmative Antidumping Determination In accordance with sections 735(d) (i.e., 90 days prior to the date of the (Sultanate of Oman) and Antidumping and 777(i)(1) of the Tariff Act of 1930, publication of the CVD Preliminary Duty Orders as amended (the ‘‘Act’’), and 19 CFR Determination), but before August 14, 351.210(c), on March 14, 2016, the 2015 (i.e., the date of publication of the AGENCY: Enforcement and Compliance, Department published its affirmative CVD Preliminary Determination). International Trade Administration, final determinations in the LTFV Department of Commerce. Notifications to Interested Parties investigations of certain PET resin from SUMMARY: Based on affirmative final Canada, the PRC, India, and Oman.1 On This notice constitutes the determinations by the Department of March 14, 2016, the Department countervailing duty orders with respect Commerce (the ‘‘Department’’) and the received a timely allegation from to PET resin from India and the PRC International Trade Commission (the OCTAL SAOC—FZC (‘‘OCTAL’’) that pursuant to section 706(a) of the Act. ‘‘ITC’’), the Department is issuing the Department made ministerial errors Interested parties may contact the antidumping duty orders on certain in the final determination in the AD Department’s Central Records Unit, polyethylene terephthalate (‘‘PET’’) Room B8024 of the main Commerce resin from Canada, the People’s 1 See Certain Polyethylene Terephthalate Resin Building, for copies of an updated list Republic of China (‘‘PRC’’), India, and from Canada: Final Determination of Sales at Less of countervailing duty orders currently the Sultanate of Oman (‘‘Oman’’). In Than Fair Value, 81 FR 13319 (March 14, 2016) in effect. addition, as a result of a ministerial (‘‘Canada Final’’); Certain Polyethylene asabaliauskas on DSK3SPTVN1PROD with PROPOSALS These orders are issued and published Terephthalate Resin from the People’s Republic of error, the Department is amending its China: Final Determination of Sales at Less Than in accordance with section 706(a) of the final determination of sales at less-than- Fair Value, 81 FR 13331 (March 14, 2016) (‘‘PRC Act and 19 CFR 351.211(b). fair-value (‘‘LTFV’’) with regard to PET Final’’); Certain Polyethylene Terephthalate Resin resin from Oman. from India: Final Determination of Sales at Less Dated: May 3, 2016. Than Fair Value and Final Affirmative Paul Piquado, DATES: Effective May 6, 2016. Determination of Critical Circumstances, 81 FR Assistant Secretary for Enforcement and FOR FURTHER INFORMATION CONTACT: 13327 (March 14, 2016) (‘‘India Final’’); and Certain Compliance. Polyethylene Terephthalate Resin from the Karine Gziryan at (202) 482–4081 Sultanate of Oman: Final Determination of Sales at [FR Doc. 2016–10761 Filed 5–5–16; 8:45 am] (Canada), Steve Bezirganian at (202) Less Than Fair Value, 81 FR 13336 (March 14, BILLING CODE 3510–DS–P 482–1131 (PRC), Fred Baker at (202) 2016) (‘‘Oman Final’’). VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\06MYN2.SGM 06MYN2

27980 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices investigation of PET resin from Oman.2 because its comparison market program its final determinations in these The Department analyzed OCTAL’s failed to recognize the gross unit prices investigations, in which it found that an comments and determined that for all home market sales transactions industry in the United States is ministerial errors exist, as defined by invoiced in United States Dollars materially injured by reason of imports section 735(e) of the Act and 19 CFR (‘‘USD’’).5 A ministerial error is defined of certain PET resin from Canada, the 351.224(f). See ‘‘Amendment to Oman as an error in addition, subtraction, or PRC, India, and Oman and that critical Final Determination’’ section below for other arithmetic function, clerical error circumstances do not exist with respect further discussion. resulting from inaccurate copying, to imports of subject merchandise from On April 28, 2016, the ITC notified duplication, or the like, and any other India that are subject to the the Department of its affirmative similar type of unintentional error Department’s affirmative critical determination that an industry in the which the Secretary considers circumstances finding.12 Therefore, in United States is materially injured ministerial.6 accordance with section 735(c)(2) of the within the meaning of section The Department reviewed the record Act, the Department is issuing these 735(b)(1)(A)(i) of the Act, by reason of and agrees that the error referenced in antidumping duty orders. Because the the LTFV imports of certain PET resin OCTAL’s allegation constitutes a ITC determined that imports of certain from Canada, India, the PRC, and Oman ministerial error within the meaning of PET resin from Canada, the PRC, India, and its determination that critical 19 CFR 351.224(f).7 Specifically, the and Oman are materially injuring a U.S. circumstances do not exist with respect Department inadvertently omitted from industry, unliquidated entries of such to imports of subject merchandise from its price comparisons the gross unit merchandise from Canada, the PRC, India 3 that are subject to the prices reported in the comparison market database for sales transactions in India, and Oman, entered or withdrawn Department’s affirmative critical which the gross unit price was reported from warehouse for consumption, are circumstances finding.4 in USD.8 As a result of this omission, subject to the assessment of Scope of the Orders normal value (‘‘NV’’) was not calculated antidumping duties. The merchandise covered by these for all of OCTAL’s comparison market Therefore, in accordance with section orders is PET resin having an intrinsic sales transactions and thus, a 736(a)(1) of the Act, the Department will viscosity of at least 0.70, but not more comparison between U.S. sales prices direct U.S. Customs and Border than 0.88, deciliters per gram. The scope and NVs using all appropriate NVs was Protection (‘‘CBP’’) to assess, upon includes blends of virgin PET resin and not made.9 Accordingly, because NV further instruction by the Department, recycled PET resin containing 50 was not calculated for all comparison antidumping duties equal to the amount percent or more virgin PET resin market sales, the Department is revising by which the NV of the merchandise content by weight, provided such the comparison market programing exceeds the export price (or constructed blends meet the intrinsic viscosity language in a manner which will result export price) of the merchandise, for all requirements above. The scope includes in the program recognizing the gross relevant entries of certain PET resin all PET resin meeting the above unit prices of sales transactions for from Canada, the PRC, India, and Oman. specifications regardless of additives which the gross unit price was reported Antidumping duties will be assessed on introduced in the manufacturing in USD.10 Pursuant to 19 CFR unliquidated entries of certain PET resin process. The merchandise subject to 351.224(f), the Department is amending from Canada, the PRC, India, and Oman these orders is properly classified under the Oman Final to reflect the correction entered, or withdrawn from warehouse, subheading 3907.60.00.30 of the of the ministerial error described above. for consumption on or after October 15, Harmonized Tariff Schedule of the Based on our correction, OCTAL’s 2015, the date of publication of the United States (HTSUS). Although the weighted-average dumping margin preliminary determinations,13 but will HTSUS subheading is provided for decreased from 7.82 percent to 7.62 not include entries occurring after the convenience and customs purposes, the percent. In addition, because the ‘‘all- expiration of the provisional measures written description of the merchandise others’’ rate is based on OCTAL’s period and before publication of the covered by these orders is dispositive. dumping margin, the Department has Amendment to Oman Final revised the all-others rate in this 12 See ITC Letter. Determination amended final determination 13 See Certain Polyethylene Terephthalate Resin accordingly.11 from Canada: Affirmative Preliminary On March 14, 2016, OCTAL Determination of Sales at Less Than Fair Value and submitted an allegation claiming that Antidumping Duty Orders Postponement of Final Determination, 80 FR 62019 the Department made a ministerial error As stated above, on April 28, 2016, in (October 15, 2015) (‘‘Canada Prelim’’); Certain Polyethylene Terephthalate Resin From the People’s accordance with section 735(d) of the Republic of China: Preliminary Determination of 2 See Letter from OCTAL, ‘‘OCTAL’s Request to Act, the ITC notified the Department of Sales at Less Than Fair Value and Postponement Correct Ministerial Errors in Final Determination of Final Determination, 80 FR 62024 (October 15, Certain Polyethylene Terephthalate (PET) Resin 5 See Letter from OCTAL to the Secretary of 2015) (‘‘PRC Prelim’’), as corrected by Certain from the Sultanate of Oman,’’ dated March 14, Polyethylene Terephthalate Resin From the People’s Commerce ‘‘OCTAL’s Request to Correct Ministerial 2016. Republic of China: Notice of Correction to 3 No critical circumstances were alleged with Errors in Final Determination Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Preliminary Affirmative Less Than Fair Value respect to imports of subject merchandise from Oman,’’ dated March 14, 2016. Determination, 80 FR 69643 (November 10, 2015); asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Canada, the PRC, or Oman. 6 See section 735(e) of the Act. Certain Polyethylene Terephthalate Resin From 4 See Letter to Christian Marsh, Deputy Assistant India: Affirmative Preliminary Determination of 7 See Final Determination in the Antidumping Secretary of Commerce for Enforcement and Sales at Less Than Fair Value, Affirmative Duty Investigation of Certain Polyethylene Compliance, from Meredith Broadbent, Chairman of Preliminary Determination of Critical Terephthalate Resin from the Sultanate of Oman: the U.S. International Trade Commission, regarding Circumstances, and Postponement of Final Ministerial Error Memorandum,’’ dated April 4, certain polyethylene terephthalate resin from Determination, 80 FR 62029 (October 15, 2015) 2016. Canada, China, India, and Oman (April 28, 2016) 8 Id. (‘‘India Prelim’’); and Certain Polyethylene (‘‘ITC Letter’’); see also Certain Polyethylene Terephthalate Resin from the Sultanate of Oman: 9 Id. Terephthalate Resin from Canada, China, India, Affirmative Preliminary Determination of Sales at 10 Id. and Oman, USITC Investigation Nos. 701–TA–531– Less Than Fair Value and Postponement of Final 532 and 731–TA–1270–1273 (Final), USITC 11 See the ‘‘Estimated Weighted-Average Determination, 80 FR 62021 (October 15, 2015) Publication 4604 (April 2016). Dumping Margins’’ section below. (‘‘Oman Prelim’’). VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\06MYN2.SGM 06MYN2

Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices 27981 ITC’s final injury determination as subject merchandise from the PRC, antidumping duties, unliquidated further described below. estimated weighted-average dumping entries of certain PET resin from margins were also adjusted, where Canada, the PRC, India, and Oman Suspension of Liquidation appropriate, for estimated domestic entered, or withdrawn from warehouse, In accordance with section subsidy pass-through.16 for consumption after April 11, 2016, 735(c)(1)(B) of the Act, the Department the date on which the provisional will instruct CBP to continue to suspend Provisional Measures measures expired, until and through the liquidation on all relevant entries of Section 733(d) of the Act states that day preceding the date of publication of certain PET resin from Canada, the PRC, instructions issued pursuant to an the ITC’s final injury determinations in India, and Oman. These instructions affirmative preliminary determination the Federal Register. Suspension of suspending liquidation will remain in may not remain in effect for more than effect until further notice. four months, except where exporters liquidation will resume on the date of The Department will also instruct representing a significant proportion of publication of the ITC’s final CBP to require cash deposits equal to exports of the subject merchandise determination in the Federal Register. the amounts as indicated below, which request the Department to extend that Critical Circumstances are adjusted for certain countervailable four-month period to no more than six subsidies, where appropriate, as months. At the request of exporters that With regard to the ITC’s negative described below. Accordingly, effective account for a significant proportion of critical circumstances determination on on the date of publication of the ITC’s certain PET resin from Canada, the PRC, imports of subject merchandise from final affirmative injury determinations, India, and Oman, the Department India, the Department will instruct CBP CBP will require, at the same time as extended the four-month period to six to lift suspension and to refund any importers would normally deposit months in each case.17 In the underlying cash deposits made to secure the estimated duties on this subject investigations, the Department payment of estimated antidumping merchandise, a cash deposit equal to the published the preliminary duties with respect to entries of subject cash deposit rates listed below.14 The determinations on October 15, 2015. merchandise entered, or withdrawn relevant all-others rates apply to all Therefore, the extended period, from warehouse, for consumption on or producers or exporters not specifically beginning on the date of publication of after July 17, 2015 (i.e., 90 days prior to listed. For the purpose of determining the preliminary determination, ended the date of publication of the India cash deposit rates, the estimated on April 11, 2016. Furthermore, section Prelim), but before October 15, 2015, weighted-average dumping margins for 737(b) of the Act states that definitive imports of subject merchandise from the (i.e., the date of publication of the India duties are to begin on the date of PRC and India have been adjusted, as Prelim). publication of the ITC’s final injury appropriate, for export subsidies found determination. Estimated Weighted-Average Dumping in the final determinations of the Therefore, in accordance with section Margins companion countervailing duty 733(d) of the Act and our practice, the investigations of this merchandise Department will instruct CBP to The weighted-average antidumping imported from the PRC and India.15 terminate the suspension of liquidation duty margin percentages and cash Regarding the cash deposit rates for and to liquidate, without regard to deposit rates are as follows: Weighted- average Cash deposit Exporter or producer dumping rate margin (percent) (percent) Canada: Selenis Canada ................................................................................................................................................ 13.60 13.60 All-Others .......................................................................................................................................................... 13.60 13.60 India: Dhunseri Petrochem, Ltd .................................................................................................................................. 19.41 14.31 Ester Industries, Ltd ......................................................................................................................................... 14.23 9.31 JBF Industries, Ltd ........................................................................................................................................... 19.41 0.00 Reliance Industries, Ltd .................................................................................................................................... 8.03 2.93 All-Others .......................................................................................................................................................... 11.13 6.03 Weighted- average Cash deposit Exporter Producer dumping rate margin (percent) 18 (percent) asabaliauskas on DSK3SPTVN1PROD with PROPOSALS PRC: Far Eastern Industries (Shanghai) Ltd. or Oriental Far Eastern Industries (Shanghai) Ltd. or Oriental In- 104.98 99.29 Industries (Suzhou) Limited. dustries (Suzhou) Limited. 14 See section 736(a)(3) of the Act. 16 See section 777A(f) of the Act. 15 See PRC Final and India Final. See also section 17 See Canada Prelim; PRC Prelim; India Prelim; 772(c)(1)(C) of the Act. and Oman Prelim. VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\06MYN2.SGM 06MYN2

27982 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices Weighted- average Cash deposit Exporter Producer dumping rate margin (percent) 18 (percent) Jiangyin Xingyu New Material Co., Ltd. or Jiangyin Xingyu New Material Co., Ltd. or Jiangsu 118.32 114.15 Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Xingjia Plastic Co., Ltd. or Jiangyin Xingtai Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. New Material Co., Ltd. or Jiangsu Xingye or Jiangsu Xingye Polytech Co., Ltd. Polytech Co., Ltd. Dragon Special Resin (XIAMEN) Co., Ltd ............ Dragon Special Resin (XIAMEN) Co., Ltd ................... 114.47 100.85 Hainan Yisheng Petrochemical Co., Ltd. .............. Hainan Yisheng Petrochemical Co., Ltd ...................... 114.47 105.70 Shanghai Hengyi Polyester Fiber Co., Ltd ........... Shanghai Hengyi Polyester Fiber Co., Ltd ................... 114.47 105.70 Zhejiang Wankai New Materials Co., Ltd ............. Zhejiang Wankai New Materials Co., Ltd ..................... 114.47 105.70 PRC-Wide Entity ................................................... 126.58 125.75 18 Certain PRC cash deposit rates have changed since the PRC Final to reflect certain changes to the subsidy rates in the amended final de- termination of the companion countervailing duty investigation. See Memorandum from Tyler Weinhold, International Trade Analyst, AD/CVD Op- erations, Office VI and Steve Bezirganian, International Trade Analyst, AD/CVD Operations, Office VI to Robert James, Program Manager, AD/ CVD Operations, Office VI ‘‘Certain Polyethylene Terephthalate Resin from the People’s Republic of China: Adjustment to Final Double Rem- edies Calculations to Account for Corrections of Ministerial Errors in the Companion Countervailing Duty Investigation,’’ dated concurrently with this notice. Weighted- average Cash deposit Exporter or producer dumping rate margin (percent) (percent) Oman: OCTAL SAOC–FZC ......................................................................................................................................... 7.62 7.62 All-Others .......................................................................................................................................................... 7.62 7.62 This notice constitutes the currently in effect at http:// Dated: May 3, 2016. antidumping duty orders with respect to enforcement.trade.gov/stats/ Paul Piquado, certain PET resin from Canada, the PRC, iastats1.html. Assistant Secretary for Enforcement and India, and Oman pursuant to section These orders are published in Compliance. 736(a) of the Act. Interested parties can accordance with section 736(a) of the [FR Doc. 2016–10762 Filed 5–5–16; 8:45 am] find a list of antidumping duty orders Act and 19 CFR 351.211(b). BILLING CODE 3510–DS–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\06MYN2.SGM 06MYN2


Document Created: 2016-05-06 00:30:03
Document Modified: 2016-05-06 00:30:03
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 May 6, 2016.
ContactKarine Gziryan at (202) 482-4081 (Canada), Steve Bezirganian at (202) 482-1131 (PRC), Fred Baker at (202) 482-2924 (India), or Jonathan Hill at (202) 482-3518 (Oman), AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 27979 
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