Notice2022-12193
Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through April 30, 2021. Interested parties are invited to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34643-34644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12193]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through April 30, 2021. Interested parties
are invited to comment on these preliminary results of review.
DATES: Applicable June 7, 2022.
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 6, 2021, Commerce initiated an administrative review of the
AD order on polyethylene terephthalate resin (PET resin) from the
Sultanate of Oman (Oman) \1\ for the POR with respect to OCTAL.\2\ For
a complete description of the events that followed the initiation of
this review, see the accompanying Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ 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)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 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).
---------------------------------------------------------------------------
On January 11, 2022, Commerce extended the deadline for these
preliminary results of this review from January 31, 2022, to May 31,
2022.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Polyethylene Terephthalate Resin from the
Sultanate of Oman: Extension of Deadline for Preliminary Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
January 11, 2022.
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\5\ On January 27, 2017, Commerce added HTS numbers 3907.61.0000
and 3907.69.0000 to the Case Reference File. See Memorandum,
``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.
---------------------------------------------------------------------------
Methodology
We conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act). We calculated export price
and normal value in accordance with sections 772 and 773 of the Act,
respectively. 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
<a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, the Preliminary Decision
Memorandum may be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period May 1, 2020, through April
30, 2021:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC--FZC............................................. 1.27
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations used in its analysis
to parties to the proceeding within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final results of the
review.
Public Comment
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 in the Federal Register.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the time limit for filing
[[Page 34644]]
case briefs.\7\ Parties who submit case 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\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(d).
\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, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party who wishes to
request a hearing must file a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance via ACCESS within 30
days after the date of publication of this notice in the Federal
Register. Requests for a hearing should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals from the requesting party that will attend the hearing,
including, whether any individuals are foreign nationals; and (3) a
list of the issues the party intends to discuss at the hearing. Issues
raised in the hearing will be limited to those raised in the case and
rebuttal briefs. If a hearing is requested, Commerce will notify
interested parties of the hearing date and time. Parties should confirm
by telephone the date and time of the hearing two days before the
scheduled hearing date.
Final Results of the Review
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in any written briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\12\
---------------------------------------------------------------------------
\12\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, 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.
---------------------------------------------------------------------------
\13\ In these preliminary results, we 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).
\14\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by OCTAL
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 (i.e., 7.62 percent) \15\ if there is no rate for the
intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\15\ See Order, 81 FR 27981.
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 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.
---------------------------------------------------------------------------
\16\ Id.
---------------------------------------------------------------------------
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 351.221(b)(4).
Dated: May 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Adverse Facts Available
V. Discussion of the Methodology
VI. Currency Conversion
VI. Recommendation
[FR Doc. 2022-12193 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.