Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 48808-48809 [2015-20086]

Download as PDF 48808 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices interested parties to comment on the Preliminary Results.4 We received none. shall remain in effect until further notice. Scope of the Order Notification This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e). Imports covered by the order are shipments of certain non-egg dry pasta. The merchandise subject to review is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive.5 Final Results of Changed Circumstances Review Because no parties submitted comments on the Department’s Initiation and Preliminary Results, and because there is no other information or evidence on the record that calls into question the Initiation and Preliminary Results, the Department determines that PAP SRL is the successor-in-interest to PAP SNC for the purpose of determining antidumping duty liability. Dated: August 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Instructions to U.S. Customs and Border Protection DEPARTMENT OF COMMERCE As a result of this determination, we find that PAP SRL should receive the cash deposit rate previously assigned to PAP SNC in the most recently completed review of the antidumping duty order on certain pasta from Italy. Consequently, the Department will instruct U.S. Customs and Border Protection to collect estimated antidumping duties for all shipments of subject merchandise exported by PAP SRL and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at the current cash deposit rate for PAP SNC, which is zero.6 This cash deposit requirement asabaliauskas on DSK5VPTVN1PROD with NOTICES 4 Id. 5 For a full description of the scope of the order, see the memorandum titled ‘‘Initiation and Preliminary Results of Changed Circumstances Review: Certain Pasta from Italy’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, (Preliminary Decision Memorandum), dated concurrently with the Initiation and Preliminary Results. 6 PAP SNC was a respondent in the 14th administrative review of the Pasta from Italy Order and received a deposit rate of 3.57 percent. See Pasta from Italy: Final Results of the Fourteenth Antidumping Duty Administrative Review, 76 FR 76937 (December 9, 2011). As a result of the ‘‘section 129’’ determination, the company’s deposit rate is now zero; see Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act: Stainless Steel Plate in Coils From Belgium, Steel Concrete Reinforcing Bars From Latvia, Purified Carboxymethylcellulose From Finland, Certain Pasta From Italy, Purified VerDate Sep<11>2014 18:50 Aug 13, 2015 Jkt 235001 [FR Doc. 2015–20087 Filed 8–13–15; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [C–523–811] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that de minimis countervailable subsidies are being provided to producers/exporters of certain polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman). The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective Date: August 14, 2015. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Carboxymethylcellulose From the Netherlands, Stainless Steel Wire Rod From Spain, Granular Polytetrafluoroethylene Resin From Italy, Stainless Steel Sheet and Strip in Coils From Japan, 77 FR 36257 (June 18, 2012). See also, PAP SRL’s CCR request dated April 22, 2015. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: On March 30, 2015, the Department initiated this countervailing duty (CVD) investigation.1 On the same day, the Department also initiated an antidumping duty (AD) investigation of PET Resin from Oman.2 On May 7, 2015, in response to a request from the Petitioners,3 the Department postponed the preliminary determination in the CVD investigation.4 Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination In accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4), and based on Petitioners’ request,5 we are aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of PET Resin from Oman. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than December 21, 2015, unless postponed.6 Scope of the Investigation The merchandise covered by this investigation is PET resin. The merchandise subject to this investigation is properly classified under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the 1 See Certain Polyethylene Terephthalate Resin from the People’s Republic of China, India, and the Sultanate of Oman: Initiation of Countervailing Duty Investigations, 80 FR 18369 (April 6, 2015). 2 See Certain Polyethylene Terephthalate Resin From Canada, the People’s Republic of China, India, and the Sultanate of Oman: Initiation of LessThan-Fair-Value Investigations, 80 FR 18376 (April 6, 2015). 3 DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics Corporation, America, (Petitioners). 4 See Certain Polyethylene Terephthalate Resin From the People’s Republic of China, India and the Sultanate of Oman: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 80 FR 27635 (May 14, 2015). 5 See Letter from Petitioners, ‘‘Investigation of Certain Polyethylene Terephthalate Resin from Oman—Petitioners’ Request to Align the Countervailing Duty Final Determination with the Companion Antidumping Duty Final Determination,’’ (July 31, 2015). 6 The actual deadline is 75 days after the date of the preliminary determinations, or December 20, 2015, which is a Sunday. Department practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day (in this instance, December 21, 2015). See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.7 Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. 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 https:// access.trade.gov/login.aspx and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination We preliminarily determine the countervailable subsidy rate to be: Subsidy rate OCTAL SAOC–FZC and OCTAL Holding SAOC. 0.28 percent (de minimis) 8 asabaliauskas on DSK5VPTVN1PROD with NOTICES Consistent with section 703(b)(4)(A) of the Act, we have disregarded de minimis rates and preliminarily determine that countervailable subsides are not being provided with respect to the manufacture, production or exportation of the subject merchandise in Oman. Consistent with section 703(d) of the Act, the Department has not calculated an all-others rate because it has not reached an affirmative 7 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance regarding ‘‘Decision Memorandum for the Preliminary Negative Determination in the Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin from the Sultanate of Oman,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). For a list of topics discussed in the Preliminary Decision Memorandum, see the Appendix to this notice. 8 In accordance with section 703(b)(4) of the Act, we are disregarding de minimis subsidies for the purposes of this preliminary determination. 18:50 Aug 13, 2015 Jkt 235001 Verification VI. Injury Test VII. Subsidies Valuation VIII. Analysis of Programs IX. Calculation of the All Others Rate X. United States International Trade Commission (ITC) Notification XI. Disclosure and Public Comment XII. Verification XIII. Recommendation [FR Doc. 2015–20086 Filed 8–13–15; 8:45 am] As provided in section 782(i)(l) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination. International Trade Commission In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(3) of the Act, if our final determination is affirmative, the lTC will make its final determination within 75 days after we make our final determination. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–984] Drawn Stainless Steel Sinks From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on drawn stainless steel sinks (sinks) from the People’s Republic of China (PRC) for the period of review (POR) January 1, 2014, through December 31, 2014, based on the timely withdrawal of requests for review. AGENCY: DATES: Effective Date: August 14, 2015. Disclosure and Public Comment Company VerDate Sep<11>2014 preliminarily determination. Because the estimated subsidy rate for the examined company is de minimis, we will not direct U.S. Customs and Border Protection to suspend liquidation of entries of subject merchandise from Oman. 48809 FOR FURTHER INFORMATION CONTACT: The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.9 Interested parties may submit case and rebuttal briefs,10 and request a hearing.11 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779. SUPPLEMENTARY INFORMATION: Dated: August 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Alignment IV. Scope Comments V. Scope of the Investigation 9 See 19 CFR 351.224(b). 19 CFR 351.309(c) and (d). 11 See 19 CFR 351.510. 10 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Background On April 1, 2015, the Department published the notice of opportunity to request an administrative review of the countervailing duty order on sinks from the PRC for the POR January 1, 2014, through December 31, 2014.1 On April 28, 2015, Guangdong Yingao Utensils Co., Ltd. (Yingao), B&R Industries Limited (B&R), Guangdong New Shichu Import and Export Co., Ltd. (New Shichu), and Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) requested an administrative review of their POR sales.2 On April 29, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 80 FR 17392 (April 1, 2015). 2 See Letter from Yingao, ‘‘Drawn Stainless Steel Sinks from the People’s Republic of China: Request Continued E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48808-48809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-811]


Certain Polyethylene Terephthalate Resin From the Sultanate of 
Oman: Preliminary Negative Countervailing Duty Determination and 
Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that de minimis countervailable subsidies are being provided 
to producers/exporters of certain polyethylene terephthalate resin (PET 
resin) from the Sultanate of Oman (Oman). The period of investigation 
is January 1, 2014, through December 31, 2014. Interested parties are 
invited to comment on this preliminary determination.

DATES: Effective Date: August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: On March 30, 2015, the Department initiated 
this countervailing duty (CVD) investigation.\1\ On the same day, the 
Department also initiated an antidumping duty (AD) investigation of PET 
Resin from Oman.\2\ On May 7, 2015, in response to a request from the 
Petitioners,\3\ the Department postponed the preliminary determination 
in the CVD investigation.\4\
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin from the 
People's Republic of China, India, and the Sultanate of Oman: 
Initiation of Countervailing Duty Investigations, 80 FR 18369 (April 
6, 2015).
    \2\ See Certain Polyethylene Terephthalate Resin From Canada, 
the People's Republic of China, India, and the Sultanate of Oman: 
Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376 
(April 6, 2015).
    \3\ DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics 
Corporation, America, (Petitioners).
    \4\ See Certain Polyethylene Terephthalate Resin From the 
People's Republic of China, India and the Sultanate of Oman: 
Postponement of Preliminary Determinations in the Countervailing 
Duty Investigations, 80 FR 27635 (May 14, 2015).
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Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

    In accordance with section 705(a)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.210(b)(4), and based on Petitioners' 
request,\5\ we are aligning the final CVD determination in this 
investigation with the final determination in the companion AD 
investigation of PET Resin from Oman. Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
December 21, 2015, unless postponed.\6\
---------------------------------------------------------------------------

    \5\ See Letter from Petitioners, ``Investigation of Certain 
Polyethylene Terephthalate Resin from Oman--Petitioners' Request to 
Align the Countervailing Duty Final Determination with the Companion 
Antidumping Duty Final Determination,'' (July 31, 2015).
    \6\ The actual deadline is 75 days after the date of the 
preliminary determinations, or December 20, 2015, which is a Sunday. 
Department practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day (in this instance, December 21, 2015). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is PET resin. The 
merchandise subject to this investigation is properly classified under 
subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the

[[Page 48809]]

United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance regarding ``Decision Memorandum for the Preliminary 
Negative Determination in the Countervailing Duty Investigation of 
Certain Polyethylene Terephthalate Resin from the Sultanate of 
Oman,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum). For a list of topics discussed in 
the Preliminary Decision Memorandum, see the Appendix to this 
notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum. 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 https://access.trade.gov/login.aspx and is available to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Determination

    We preliminarily determine the countervailable subsidy rate to be:
---------------------------------------------------------------------------

    \8\ In accordance with section 703(b)(4) of the Act, we are 
disregarding de minimis subsidies for the purposes of this 
preliminary determination.

------------------------------------------------------------------------
                  Company                           Subsidy rate
------------------------------------------------------------------------
OCTAL SAOC-FZC and OCTAL Holding SAOC.....  0.28 percent (de minimis)
                                             \8\
------------------------------------------------------------------------

    Consistent with section 703(b)(4)(A) of the Act, we have 
disregarded de minimis rates and preliminarily determine that 
countervailable subsides are not being provided with respect to the 
manufacture, production or exportation of the subject merchandise in 
Oman. Consistent with section 703(d) of the Act, the Department has not 
calculated an all-others rate because it has not reached an affirmative 
preliminarily determination. Because the estimated subsidy rate for the 
examined company is de minimis, we will not direct U.S. Customs and 
Border Protection to suspend liquidation of entries of subject 
merchandise from Oman.

Verification

    As provided in section 782(i)(l) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

International Trade Commission

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance. In accordance with section 705(b)(3) of the 
Act, if our final determination is affirmative, the lTC will make its 
final determination within 75 days after we make our final 
determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\9\ 
Interested parties may submit case and rebuttal briefs,\10\ and request 
a hearing.\11\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c) and (d).
    \11\ See 19 CFR 351.510.
---------------------------------------------------------------------------

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All Others Rate
X. United States International Trade Commission (ITC) Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Recommendation
[FR Doc. 2015-20086 Filed 8-13-15; 8:45 am]
 BILLING CODE 3510-DS-P