Notice2026-17981
Polyethylene Terephthalate Resin From the Sultanate of Oman: Amended Final Results of Antidumping Duty Administrative Review; 2023-2024
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
September 2, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman) to correct a ministerial error. The period of review (POR) is May 1, 2023, through April 30, 2024. The review covers one producer and exporter of subject merchandise, OCTAL SAOC FZC (OCTAL).
Full Text
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<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
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[Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)]
[Notices]
[Pages 56426-56427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17981]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Amended Final 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on polyethylene terephthalate resin (PET resin) from the
Sultanate of Oman (Oman) to correct a ministerial error. The period of
review (POR) is May 1, 2023, through April 30, 2024. The review covers
one producer and exporter of subject merchandise, OCTAL SAOC FZC
(OCTAL).
DATES: Applicable September 2, 2026.
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.
SUPPLEMENTARY INFORMATION:
Background
On May 18, 2026, Commerce published the Finals Results of the 2023-
2024 administrative review of the AD order on PET resin from Oman in
the Federal Register.\1\ On May 26, 2026, Commerce received a timely
filed allegation of a ministerial error from APG Polytech LLC, Indorama
Ventures USA, Inc. and Nan Ya Plastics Corporation, America
(collectively, the petitioners).\2\ No parties rebutted the
petitioners' ministerial error allegation.
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\1\ See Polyethylene Terephthalate Resin from the Sultanate of
Oman: Final Results of Antidumping Duty Administrative Review; 2023-
2024, 91 FR 28554 (May 18, 2026) (Final Results) see also 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 Petitioners' Letter, ``Petitioners' Comments on
Ministerial Errors in OCTAL's Final Results Margin Calculations,''
dated May 26, 2026 (Petitioners' Ministerial Error Comments).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as ``errors in addition, subtraction,
or other arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of unintentional
error which {Commerce{time} considers ministerial.'' \3\ Any issue
raised by an interested party as a ministerial error \4\ which is, in
fact, the result of a methodological decision by Commerce will not be
considered a ministerial error because it would not meet the definition
of the term in the controlling statute and regulation.\5\
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\3\ Commerce' regulations mirror the statutory definition of
``ministerial error.'' See 19 CFR 351.224(f).
\4\ See 19 CFR 351.224(c) and (d).
\5\ See, eg., Alloy Piping Products v. United States, 201 F.
Supp. 2d 1267, 1285 (CIT 2002); see also section 735(e) of the Act,
see also 19 CFR 351.224(f).
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Commerce's regulations stipulate that agency will disclose its
calculations to parties to the proceeding and that those parties may
submit comments concerning any ministerial error in such
calculations.\6\ Commerce will analyze any comments received and, if
appropriate, correct any ministerial error by amending the final
results of review.\7\
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\6\ See 19 CFR 351.224(b) and (c)(1) (``Comments concerning
ministerial errors made in the preliminary results of a review
should be included in a party's case brief.'').
\7\ See 19 CFR 351.224(e).
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Ministerial Error
The petitioners allege that instead of recalculating inventory
carrying costs using costs from OCTAL's most recent cost database, as
Commerce intended, it set U.S. inventory carrying costs for certain
sales equal to an incorrect value.\8\ According to the petitioners,
this is the type of unintentional error which Commerce considers
ministerial and it should be corrected.\9\
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\8\ See Petitioners' Ministerial Error Comments at 2-3.
\9\ Id. at 3.
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We agree with the petitioners. In the Final Results, although
Commerce intended to recalculate U.S. inventory carrying costs using
costs from OCTAL's most recent cost database, it inadvertently did not
recalculate those costs but instead simply set the costs equal to a
value that is incorrect.\10\ This was an oversight that was unintended
and, thus, is a clerical error which Commerce considers to be
ministerial in nature. Consistent with 19 CFR 351.224(e), we are
correcting for this error by recalculating inventory carrying costs
using costs from OCTAL's most recent cost database and amending the
Final Results.\11\
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\10\ See Final Results, 91 FR 28554; see also Memorandum ``Final
Results Analysis Memorandum,'' at Attachment 6.
\11\ See Memorandum, ``Amended Final Results Analysis
Memorandum,'' dated concurrently with this notice.
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[[Page 56427]]
Amended Final Results of Review
As a result of correcting the ministerial error described above,
Commerce determines 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 or exporter dumping
margin
(percent)
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OCTAL SAOC FZC............................................. 3.02
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to the interested
parties within five days after the date of any public announcement of
the amended final results of review or, if there is no public
announcement of the amended final results of review, 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, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise during the POR. Commerce will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis.\12\
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\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14,
2012).
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Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by OCTAL
were not reported in the U.S. sales data, 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) \13\ if there is no rate for the
intermediate company(ies) involved in the transaction.\14\
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\13\ See Order, 81 FR at 27982.
\14\ 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
amended 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 amended cash deposit rate for OCTAL will be the
weighted-average dumping margin in the table above; (2) for merchandise
exported by a company that is not under review that has a company-
specific cash deposit rate from a completed segment of this proceeding,
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 the company was under review; (3) if the exporter of the subject
merchandise is not covered by this review or a previously completed
segment of this proceeding, but the producer of the subject merchandise
is/was covered, then the cash deposit rate will be equal to the
producer's cash deposit rate from the most recently completed segment
of this proceeding in which the producer of the subject merchandise was
under review; and (4) if neither the exporter nor the producer of the
subject merchandise is covered by this review or a previously completed
segment of this proceeding, then the cash deposit rate will be 7.62
percent ad valorem,\15\ the all-others rate established in the less-
than-fair-value investigation in this proceeding. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ See Order, 81 FR at 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 amended final results of review
and this notice in accordance with sections 751(h) and 777(i)(1) of the
Act, and 19 CFR 351.224(e).
Dated: August 26, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2026-17981 Filed 9-1-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 2, 2026.
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