Notice2024-29111
Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2022-2023
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
December 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the sole producer/exporter under administrative review, OCTAL SAOC FZC (OCTAL), did not sell subject merchandise at less than normal value during the period of review (POR), May 1, 2022, through April 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99830-99831]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29111]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Final Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
sole producer/exporter under administrative review, OCTAL SAOC FZC
(OCTAL), did not sell subject merchandise at less than normal value
during the period of review (POR), May 1, 2022, through April 30, 2023.
DATES: Applicable December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2024, Commerce published the Preliminary Results in the
Federal Register.\1\ For a complete description of the events that
occurred since Commerce issued the Preliminary Results, see the Issues
and Decision Memorandum.\2\ Commerce conducted this administrative
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Polyethylene Terephthalate Resin from the Sultanate of
Oman: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023, 89 FR 48153 (June 5, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Polyethylene Terephthalate Resin From the
Sultanate of Oman,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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\3\ 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).
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The merchandise covered the Order is polyethylene terephthalate
resin (PET resin) from the Sultanate of Oman (Oman). For a full
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that interested
parties filed in this administrative review are listed in the in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Services 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 Issues and
Decision Memorandum can be assessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and interested parties' comments
on the Preliminary Results, we revised certain language in the program
that we used to calculate OCTAL's dumping margin to accurately
reclassify certain sales as constructed export price sales. For a
discussion of these changes, see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margin exists for the period, May 1, 2022, through April 30,
2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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OCTAL SAOC FZC............................................. 0.00
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in these final results of review to parties to the proceeding
within five days after the date of any public announcement of the final
results or, if there is no public announcement of the final results,
within five days after the date of publication of this notice in the
Federal Register in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined the antidumping duty assessment
rate on all appropriate entries of subject merchandise during the POR.
Because OCTAL's ad valorem weighted-average dumping margin is zero, we
will instruct U.S. Customs and Border
[[Page 99831]]
Protection (CBP) to liquidate the appropriate entries without regard to
antidumping duties.
Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption into the United States during the POR, we will instruct CBP
to liquidate any entries of such merchandise at the all-others rate
(i.e., 7.62 percent) \4\ if there is no rate for the intermediate
company(ies) involved in the transaction.\5\
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\4\ See Order, 81 FR 27982.
\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice of the final
results of 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 this
notice in the Federal Register, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for OCTAL will be zero percent; (2)
for merchandise exported by a company that is not under review and the
company has a company-specific cash deposit rate from a completed
segment of this proceeding, the cash deposit rate will continue to be
the company-specific cash deposit rate from a completed segment of the
proceeding that is currently applicable to the company; (3) if the
exporter of the subject merchandise was not covered by this review or a
previously completed segment of this proceeding, but the producer of
the subject merchandise was covered, then the cash deposit rate will be
equal to the company-specific cash deposit rate from a completed
segment of this proceeding that is currently applicable to the producer
of the subject merchandise; and (4) if neither the exporter nor the
producer of the subject merchandise was covered by this review or a
previously completed segment of this proceeding, then the cash deposit
rate will be 7.62 percent ad valorem,\6\ the all-others rate
established in the less-than-fair-value investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ See Order, 81 FR 27982.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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 duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO in accordance with 19
CFR 351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of review and
this notice in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(5).
Dated: December 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: The Appropriate Date of Sale for Spot Sales
Comment 2: Whether Commerce Should Adjust a U.S. Selling Expense
Comment 3: Whether Commerce Made an Error in the Preliminary
Calculations
V. Recommendation
[FR Doc. 2024-29111 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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