Federal Register - January 28, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR.
Failure to comply with this requirement could result in Commerces presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties These preliminary results are issued and published in accordance with sections 751a1 and 777i1 of the Act, and 19 CFR 351.221b4.
Dated: January 19, 2021.
Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance.
Scope of the Order
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. 202101799 Filed 12721; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A523810
Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 20182019
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce determines that OCTAL
SAOCFZC OCTAL made U.S. sales of polyethylene terephthalate resin PET
resin from the Sultanate of Oman Oman at less than normal value during the period of review POR, i.e., May 1, 2018 through April 30, 2019.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathan 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 4823518.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background On July 24, 2020, Commerce published the Preliminary Results of the 20182019 antidumping duty administrative review of PET resin from
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Oman.1 On August 31, 2020, we received a case brief from DAK
Americas, LLC, Indorama Ventures USA, Inc., and Nan Ya Plastics Corporation, America collectively, petitioners. On September 8, 2020, we received a rebuttal brief from OCTAL.2
On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.3 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.4 The revised deadline for the final results of this administrative review is now January 19, 2021.
The merchandise covered by this order is PET resin having an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. The merchandise subject to this order is properly classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010, 3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the Harmonized Tariff Schedule of the United States HTSUS.5 Although the HTSUS
subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by this order is dispositive.6
1 See Polyethylene Terephthalate Resin from the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2018
2019, 85 FR 44856 July 24, 2020 Preliminary Results, and accompanying Preliminary Decision Memorandum.
2 See Petitioners Case Brief, Polyethylene Terephthalate Resin from Oman: Petitioners Case Brief, dated August 31, 2020 Petitioners Brief;
see also OCTALs Rebuttal Brief: Polyethylene Terephthalate PET Resin from the Sultanate of Oman, dated September 8, 2020 OCTALs Rebuttal.
3 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID19, dated April 24, 2020.
4 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews, dated July 21, 2020.
5 On January 27, 2017, Commerce added HTS
numbers 3907.61.0000 and 3907.69.0000 to the Case Reference File. See Memorandum, Request from Customs and Border Protection to Update the ACE Case Reference File: Polyethylene Terephthalate Resin form the Sultanate of Oman A523810, dated January 31, 2017. Further, on February 28, 2019, Commerce added HTS numbers 3907.61.0010, 3907.61.0050, 3907.69.0010, and 3907.69.0050 to the Case Reference File. See Memorandum, Request from U.S. Customs and Border Protection to Update the ACE Case Reference File: Polyethylene Terephthalate Resin form the Sultanate of Oman A523810, dated February 28, 2019.
6 For a complete description of the scope of the order, see memorandum, Issues and Decision Memorandum for the Final Results of the 2018
2019 Administrative Review of the Antidumping Duty Order on Polyethylene Terephthalate Resin from the Sultanate of Oman, dated concurrently
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Analysis of Comments Received All issues raised in the case and rebuttal briefs filed in this administrative review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.
A list of issues raised is attached as the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on-file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/
index.html. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, we included in our calculation certain commission expenses which had been omitted from our preliminary dumping margin calculation.
Additionally, after reviewing our preliminary dumping margin calculation, we determined that it was appropriate to exclude certain home market sales of samples, and to revise programming language that we added to the preliminary dumping margin calculation to account for certain items reported in multiple currencies.7 We made no other changes to the Preliminary Results.
Final Results of Review We are assigning the following dumping margin to the firm listed below for the period May 1, 2018 through April 30, 2019:
Exporter/producer
Weightedaverage dumping margin percent
OCTAL SAOCFZC
0.75
Disclosure Commerce intends to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the with, and hereby adopted by, this notice Issues and Decision Memorandum.
7 See Memorandum, 20182019 Antidumping Duty Administrative Review of Polyethylene Terephthalate Resin from the Sultanate of Oman:
Final Results Analysis Memorandum for OCTAL
SAOCFZC, dated concurrently with this notice.
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