Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that OCTAL SAOC FZC (OCTAL), the mandatory respondent in this administrative review of the antidumping duty (AD) order on polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman), sold subject merchandise at less than normal value (NV) during the period of review (POR) May 1, 2023, through April 30, 2024. Interested parties are invited to comment on the preliminary results of this administrative review.
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44015-44017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17455]
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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; 2023-
2024
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 mandatory respondent in
this administrative review of the antidumping duty (AD) order on
polyethylene terephthalate resin (PET resin) from the Sultanate of Oman
(Oman), sold subject merchandise at less than normal value (NV) during
the period of review (POR) May 1, 2023, through April 30, 2024.
Interested parties are invited to comment on the preliminary results of
this administrative review.
DATES: Applicable September 11, 2025.
FOR FURTHER INFORMATION CONTACT: Dylan 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) 482-1197, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2016, Commerce published the AD order on PET resin from
Oman.\1\ On May 2, 2024, Commerce notified interested parties of an
opportunity to request an administrative review of the Order covering
the POR.\2\ Based on timely requests for review, in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act),
on July 5, 2024, Commerce initiated an administrative review of the
Order with respect to OCTAL covering the POR.\3\ On July 22, and
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days and 90 days, respectively.\4\
On May 5, 2025, Commerce extended the deadline for these preliminary
results of review until September 5, 2025.\5\
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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 35778 (May 2,
2024).
\3\ While Commerce initiated this administrative review with
respect to OCTAL and OCTAL Inc., OCTAL Inc. is OCTAL's affiliated
U.S. importer, and as such, Commerce should not have included OCTAL
Inc. in the Initiation. We intend to correct this error in the next
notice of initiation of antidumping and countervailing duty
administrative reviews. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR 55567, 55572 (July
5, 2024) (Initiation); see also OCTAL's Letter, ``OCTAL SAOC-FZC
Section A Response,'' dated September 3, 2024, at 8.
\4\ See Memoranda, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024, and
``Tolling of Deadlines for Antidumping and Countervailing Duty
Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 5,
2025.
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For a complete description of the events that followed the
initiation of this review, see the accompanying Preliminary Decision
Memorandum.\6\ 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="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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Polyethylene Terephthalate Resin from the Sultanate of Oman;
2023-2024,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is PET resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88,
deciliters per gram. 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)(1)(B) the Act. In conducting the review, we calculated export
and constructed export prices and NV in accordance with sections 772
and 773 of the Act, respectively. For a full description of the
methodology underlying the preliminary results of this review, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2023, through April 30,
2024:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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OCTAL SAOC FZC \7\......................................... 3.06
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Disclosure
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\7\ While Commerce initiated this administrative review with
respect to OCTAL SAOC FZC and OCTAL Inc., OCTAL Inc. is OCTAL's
affiliated U.S. importer, and as such, Commerce should not have
included OCTAL Inc. in the Initiation Notice.
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Commerce intends to disclose its calculations for the preliminary
results of review to parties to the proceeding within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and
[[Page 44016]]
Compliance.\8\ Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified
the deadline for interested parties to submit case briefs to Commerce
to no later than 21 days after the date of the publication of this
notice in the Federal Register. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the due date for filing case briefs.\9\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) a statement of the issue; and (2) a table of
authorities.\10\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule, 88 FR at 67070.
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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. 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 case and rebuttal briefs. An electronically filed
hearing request 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 in the
Federal Register. If a hearing is requested, Commerce will announce the
date and time of the hearing. Parties should confirm the date and time
of the hearing two days before the scheduled hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\13\
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\13\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\14\ Therefore, 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 of subject merchandise covered by
this review in accordance with 19 CFR 351.212(b)(1).
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\14\ See section 751(a)(2)(C) of the Act.
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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).
We will calculate importer-specific ad valorem assessment rates for
OCTAL, in accordance with 19 CFR 351.212(b)(1),\15\ by dividing the
total amount of dumping calculated for all reviewed U.S. sales to an
importer by the total entered value of the merchandise sold to the
importer.\16\
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\15\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\16\ See 19 CFR 351.212(b)(1).
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Where either OCTAL's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\17\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\17\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, where a
sale of subject merchandise that was produced or exported by an
individually examined respondent was not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered into
the United States for consumption during the POR, Commerce will
instruct CBP to liquidate any entries of such merchandise at the all-
others rate (in this case 7.62 percent) \18\ if there is no rate for
the intermediate company(ies) involved in the transaction.\19\
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\18\ See Order, 81 FR at 27982.
\19\ 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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Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, 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 for the company in the final results of this
review, except if the weighted-average dumping margin is less than 0.50
percent, and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), the cash deposit rate will be zero; (2) for previously
investigated or reviewed companies that are not covered by this review,
the cash deposit rate will continue to be the company's cash deposit
rate from the most recently completed segment of the proceeding in
which it was examined; (3) if the exporter is not covered by this
review, and does not have a cash deposit rate from a completed segment
of this proceeding, but the producer of the subject merchandise does
have a cash deposit rate, then the cash deposit rate will be the
producer's cash deposit rate from the most recently completed segment
of the proceeding in which it was examined; and (4) the cash deposit
rate for all other producers or exporters will continue to be 7.62
percent, the all-others rate established in the less-than-fair-value
investigation in this
[[Page 44017]]
proceeding.\20\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ See Order, 81 FR at 27982.
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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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: September 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. 2025-17455 Filed 9-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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