Notice2022-25200
Polyethylene Terephthalate Sheet From the Sultanate of Oman: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of the Antidumping Duty Order
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
November 18, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Advanced Extrusion, Inc., Good Natured Products, IL dba Ex-Tech Inc., and Multi-Plastics Extrusions, Inc. (collectively, the petitioners), the U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to consider the possible revocation of the antidumping duty (AD) order on polyethylene terephthalate (PET) sheet from the Sultanate of Oman (Oman).
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69252-69253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25200]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-813]
Polyethylene Terephthalate Sheet From the Sultanate of Oman:
Notice of Initiation of Changed Circumstances Review and Consideration
of Revocation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Advanced Extrusion, Inc., Good Natured
Products, IL dba Ex-Tech Inc., and Multi-Plastics Extrusions, Inc.
(collectively, the petitioners), the U.S. Department of Commerce
(Commerce) is initiating a changed circumstances review (CCR) to
consider the possible revocation of the antidumping duty (AD) order on
polyethylene terephthalate (PET) sheet from the Sultanate of Oman
(Oman).
DATES: Applicable November 18, 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 September 10, 2020, Commerce published an AD order on PET sheet
from Oman.\1\ On October 26, 2022, the petitioners (i.e., domestic
producers of subject merchandise) requested, through a CCR, the
revocation of the Order pursuant to section 751(b)(1)(A) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.222(g)(1).\2\
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\1\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Antidumping Duty Orders, 85 FR
55824 (September 10, 2020) (Order).
\2\ See Petitioners' Letter, ``Request for a ``No Interest''
Changed Circumstances Review and Revocation of the Order,'' dated
October 26, 2022.
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Scope of the Order
The merchandise covered by the Order is raw, pretreated, or primed
polyethylene terephthalate sheet, whether extruded or coextruded, in
nominal thicknesses of equal to or greater than 7 mil (0.007 inches or
177.8 [micro]m) and not exceeding 45 mil (0.045 inches or 1143
[micro]m) (PET sheet). The scope includes all PET sheet whether made
from prime (virgin) inputs or recycled inputs, as well as any blends
thereof. The scope includes all PET sheet meeting the above
specifications regardless of width, color, surface treatment, coating,
lamination, or other surface finish.
The merchandise subject to the Order is properly classified under
statistical reporting subheading 3920.62.0090 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 scope is dispositive.
Initiation of CCR and Consideration of Revocation of the Order
Pursuant to section 751(b) of the Act, Commerce will conduct a CCR
upon receipt of a request from an interested party \3\ that shows
changed circumstances sufficient to warrant a review of the order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by the petitioners, i.e., their statement of no
interest in the continued maintenance of the Order, constitutes a
sufficient basis to conduct a CCR of the Order.
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\3\ The petitioners reported, in their request for a CCR, that
they are U.S.-based producers of PET sheet. As such, the petitioners
are an interested party within the meaning of section 771(9)(C) of
the Act and 19 CFR 351.102(b)(29)(v).
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\4\
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\4\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination to Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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The petitioners stated that they were the sole petitioners in the
original investigation, but that they did not
[[Page 69253]]
know whether they account for substantially all of the U.S. production
of the domestic like product covered by the Order. Accordingly, we are
not combining this notice of initiation with a preliminary
determination, pursuant to 19 CFR 351.221(c)(3)(ii). Rather, we will
provide interested parties with an opportunity to address the issue of
domestic industry support with respect to the revocation of the Order,
as explained below. After examining comments, if any, concerning
domestic industry support for revocation, we will issue the preliminary
results of this CCR.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding this CCR, including comments on industry support.
Any comments and factual information must be submitted to Commerce no
later than ten days after the date of publication of this notice.
Rebuttal comments and rebuttal factual information must be filed with
Commerce no later than seven days after the initial comments and/or
factual information submissions.\5\ All submissions must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\6\
An electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set
forth in this notice. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\7\
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\5\ Submissions of rebuttal factual information must comply with
19 CFR 351.301(b)(2).
\6\ See generally 19 CFR 351.303.
\7\ 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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Preliminary and Final Results of the CCR
Commerce intends to publish in the Federal Register a notice of the
preliminary results of this CCR in accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its preliminary factual and
legal conclusions in that notice. Unless extended, Commerce will issue
the final results of this CCR is accordance with the time limits set
forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: November 14, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2022-25200 Filed 11-17-22; 8:45 am]
BILLING CODE 3510-DS-P
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