[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44856-44858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16092]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that OCTAL SAOC-FZC (OCTAL), the sole respondent subject to this
antidumping duty (AD) administrative review, did not make sales of
subject merchandise at less than normal value during the period of
review (POR) May 1, 2018 through April 30, 2019. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, Commerce published a notice initiating an AD
administrative review of polyethylene terephthalate resin (PET resin)
from the Sultanate of Oman (Oman) covering OCTAL for the POR.\1\ During
the course of this administrative review, OCTAL responded to Commerce's
questionnaire and supplemental questionnaires and the petitioners filed
multiple submissions. For further details, see the accompanying
Preliminary Decision Memorandum.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review of
Polyethylene Terephthalate Resin from the Sultanate of Oman,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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On January 6, 2020, Commerce extended the deadline for issuing the
preliminary results of this review from January 31, 2020 to May 29,
2020.\3\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these preliminary results until July 20, 2020.\4\
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\3\ See Memorandum, ``Polyethylene Terephthalate Resin from the
Sultanate of Oman: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated January 6, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by this order is PET resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88,
deciliters per gram. The merchandise subject to this order is properly
classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010,
3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the
Harmonized Tariff Schedule of the United States (HTSUS).\5\ Although
the HTSUS
[[Page 44857]]
subheadings are provided for convenience and customs purposes, the
written description of the merchandise covered by this order is
dispositive. For a full description of the scope of the order, see
Preliminary Decision Memorandum.\6\
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\5\ On January 27, 2017, Commerce added HTS numbers 3907.61.0000
and 3907.69.0000 to the Case Reference File. See Commerce Memorandum
re: ``Request from Customs and Border Protection to Update the ACE
Case Reference File: Polyethylene Terephthalate Resin form the
Sultanate of Oman (A-523-810) dated January 31, 2017. Further, on
February 28, 2019, Commerce added HTS numbers 3907.61.0010,
3907.61.0050, 3907.69.0010 and 3907.69.0050 to the Case Reference
File. See Memorandum, ``Request from U.S. Customs and Border
Protection to Update the ACE Case Reference File: Polyethylene
Terephthalate Resin from the Sultanate of Oman (A-523-810),'' dated
February 28, 2019.
\6\ See Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
has been calculated in accordance with section 772 of the Act. Normal
value was calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice. The Preliminary 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period May 1, 2018 through April
30, 2019:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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OCTAL SAOC--FZC............................................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in its analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than five days after the time
limit for filing case briefs.\7\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\8\ Executive summaries should
be limited to five pages total, including footnotes.\9\ Case and
rebuttal briefs should be filed using ACCESS.\10\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\11\
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\7\ See 19 CFR 351.309(d)(1).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ Id.
\10\ See 19 CFR 351.303.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time. Interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS within 30 days after the date of publication of this notice.
Requests should contain: (1) The party's name, address, and telephone
number; (2) the number of hearing participants; and (3) a list of the
issues to be discussed in the hearing. Issues raised in the hearing
will be limited to those raised in the respective case and rebuttal
briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\12\
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\12\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries in accordance with 19 CFR
351.212(b)(1). We will calculate importer-specific assessment rates
equal to the ratio of the total amount of dumping calculated for
examined U.S. sales of merchandise imported by a particular importer,
to the total entered value of the reported U.S. sales in accordance
with 19 CFR 351.212(b)(1).\13\ Where the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\14\ The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise under review
and for future deposits of estimated duties, where applicable.\15\
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\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\14\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate such entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
the date of publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of PET resin from Oman entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice of
the final results of this administrative review, as provided for by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for OCTAL
will be equal to the weighted-average dumping margin established in the
final results of this review (except, if the weighted-average dumping
margin is zero or de minimis, no cash deposit will be required); (2)
for merchandise exported by manufacturers or exporters not covered in
this review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate
will be the rate established in the most recently completed segment of
the proceeding for the manufacturer of the merchandise; and (4) the
cash deposit
[[Page 44858]]
rate for all other manufacturers or exporters will continue to be 7.62
percent ad valorem, the all-others rate established in the less-than-
fair-value investigation.\16\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\16\ See 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 (May 6, 2016).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h)(1).
Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Particular Market Situation Allegation (PMS)
V. Discussion of the Methodology
A. Date of Sale
B. Normal Value Comparisons
C. Product Comparisons
D. EP/CEP
E. Normal Value
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-16092 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P