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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34643-34644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12193]

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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; 2020-
2021

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 sole respondent subject to 
this antidumping duty (AD) administrative review, did not make sales of 
subject merchandise at less than normal value during the period of 
review (POR) May 1, 2020, through April 30, 2021. Interested parties 
are invited to comment on these preliminary results of review.

DATES: Applicable June 7, 2022.

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) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, Commerce initiated an administrative review of the 
AD order on polyethylene terephthalate resin (PET resin) from the 
Sultanate of Oman (Oman) \1\ for the POR with respect to OCTAL.\2\ For 
a complete description of the events that followed the initiation of 
this review, see the accompanying Preliminary Decision Memorandum.\3\
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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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Antidumping Duty Administrative Review of 
Polyethylene Terephthalate Resin from the Sultanate of Oman,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    On January 11, 2022, Commerce extended the deadline for these 
preliminary results of this review from January 31, 2022, to May 31, 
2022.\4\
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    \4\ See Memorandum, ``Polyethylene Terephthalate Resin from the 
Sultanate of Oman: Extension of Deadline for Preliminary Results of 
the 2020-2021 Antidumping Duty Administrative Review,'' dated 
January 11, 2022.
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Scope of the Order

    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. For a full description of the scope of the Order, 
see Preliminary Decision Memorandum.\6\
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    \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 (A-523-810),'' 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 
from the Sultanate of Oman (A-523-810),'' dated February 28, 2019.
    \6\ See Preliminary Decision Memorandum.
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Methodology

    We conducted this review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act). We calculated export price 
and normal value in accordance with sections 772 and 773 of the Act, 
respectively. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 
http://access.trade.gov. In addition, the Preliminary Decision 
Memorandum may be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period May 1, 2020, through April 
30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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OCTAL SAOC--FZC.............................................        1.27
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Disclosure

    Commerce intends to disclose the calculations used in its analysis 
to parties to the proceeding within five days of the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in making its final results of the 
review.

Public Comment

    Interested parties are invited to comment on the preliminary 
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), 
interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice in the Federal Register. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the time limit for filing

[[Page 34644]]

case briefs.\7\ Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each brief: (1) a statement of 
the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\8\ Executive summaries should be limited to five pages 
total, including footnotes.\9\ Case and rebuttal briefs should be filed 
using ACCESS.\10\ Note that Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
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    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ Id.
    \10\ See 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and 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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    Pursuant to 19 CFR 351.310(c), any interested party who wishes to 
request a hearing must file a written request for a hearing to the 
Assistant Secretary for Enforcement and Compliance via ACCESS within 30 
days after the date of publication of this notice in the Federal 
Register. Requests for a hearing should contain: (1) the requesting 
party's name, address, and telephone number; (2) the number of 
individuals from the requesting party that will attend the hearing, 
including, whether any individuals are foreign nationals; and (3) a 
list of the issues the party intends to discuss at the hearing. Issues 
raised in the hearing will be limited to those raised in the case and 
rebuttal briefs. If a hearing is requested, Commerce will notify 
interested parties of the hearing date and time. Parties should confirm 
by telephone the date and time of the hearing two days before the 
scheduled hearing date.

Final Results of the Review

    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in any written briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
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Assessment Rates

    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 in accordance with 19 CFR 
351.212(b)(1). We will calculate importer-specific assessment rates 
equal to the ratio of the total amount of dumping calculated for 
examined U.S. sales of merchandise imported by a particular importer, 
to the total entered value of the reported U.S. sales in accordance 
with 19 CFR 351.212(b)(1).\13\ Where the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\14\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise under review 
and for future deposits of estimated duties, where applicable.
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    \13\ In these preliminary results, we applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 
FR 8101 (February 14, 2012).
    \14\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by OCTAL 
for which it did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate such entries at the 
all-others rate (i.e., 7.62 percent) \15\ if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \15\ See Order, 81 FR 27981.
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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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of PET resin from Oman entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice of 
the final results of this administrative review, 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 in the 
final results of this review (except, if the weighted-average dumping 
margin is zero or de minimis, no cash deposit will be required); (2) 
for merchandise exported by manufacturers or exporters not covered in 
this review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate 
will be the rate established in the most recently completed segment of 
the proceeding for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 7.62 percent ad valorem, the all-others rate established 
in the less-than-fair-value investigation.\16\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \16\ Id.
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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

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.221(b)(4).

    Dated: May 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Adverse Facts Available
V. Discussion of the Methodology
VI. Currency Conversion
VI. Recommendation

[FR Doc. 2022-12193 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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