Notice2022-21850
Polyethylene Terephthalate Sheet 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
October 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that sales of polyethylene terephthalate (PET) sheet from the Sultanate of Oman (Oman) were made at less than normal value (NV) during the period of review (POR) March 3, 2020, through August 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 194 (Friday, October 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60992-60993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21850]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-813]
Polyethylene Terephthalate Sheet From the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that sales of polyethylene terephthalate (PET) sheet from the Sultanate
of Oman (Oman) were made at less than normal value (NV) during the
period of review (POR) March 3, 2020, through August 31, 2021.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable October 7, 2022.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2021, Commerce initiated an administrative review of
the antidumping duty order on PET sheet from Oman in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
administrative review covers one producer/exporter of the subject
merchandise, OCTAL SAOC-FZC (OCTAL). On May 16, 2022, Commerce extended
the deadline for the preliminary results of this administrative review
by 120 days, until September 30, 2022.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\2\ See Memorandum, ``Polyethylene Terephthalate Sheet from the
Sultanate of Oman: Extension of the Deadline for Preliminary Results
of 2020-2021 Antidumping Duty Administrative Review,'' dated May 16,
2022.
---------------------------------------------------------------------------
For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics included in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order:
Polyethylene Terephthalate Sheet from the Sultanate of Oman; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Antidumping Duty Orders, 85 FR
55824 (September 10, 2020) (Order).
---------------------------------------------------------------------------
The product covered by this Order is PET sheet from Oman. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price is calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the respondent for the period March 3, 2020,
through August 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC............................................ 4.16
------------------------------------------------------------------------
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If OCTAL's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). We intend to instruct CBP to
assess antidumping duties where the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. If the respondent's weighted-average dumping margin is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by this review and for future deposits of
estimated duties, where applicable.\5\
---------------------------------------------------------------------------
\5\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by OCTAL
where the company did not know that the merchandise was destined for
the United States, we intend to instruct CBP to liquidate those entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\6\
---------------------------------------------------------------------------
\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided 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 administrative review, except if the rate is less than
0.50 percent and, therefore, de minimis, in which case the cash deposit
rate will be zero; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rates published for the most
recently-
[[Page 60993]]
completed segment of this proceeding in which they were examined; (3)
if the exporter is not a firm covered by this review or the original
less-than-fair-value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 4.74 percent,\7\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\7\ See Order.
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\8\
Commerce will notify interested parties when it has determined a
deadline for case briefs via ACCESS. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than seven days after
the date for filing case briefs.\9\ Parties who submit case briefs or
rebuttal briefs in this review are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\ Case and rebuttal briefs
should be filed using ACCESS.\11\ Executive summaries should be limited
to five pages total, including footnotes. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), 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. An electronically-filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time 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 participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\13\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 30, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2022-21850 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 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.