Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 62021-62023 [2015-26261]
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
SUPPLEMENTARY INFORMATION:
Background
Appendix I: List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Fair Value Comparisons
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on
Comparison Market Prices
4. Calculation of Normal Value Based on
Constructed Value
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–307–820]
Silicomanganese from Venezuela:
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on
silicomanganese from Venezuela for the
period May 1, 2014, through April 30,
2015.
DATES: Effective Date: October 15, 2015.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 and (202)
482–0649, respectively.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review. In
this case, Petitioners timely withdrew
its review request by the 90-day
deadline, and no other party requested
an administrative review of the
antidumping duty order. As a result, we
are rescinding the administrative review
of silicomanganese from Venezuela for
the period May 1, 2014, through April
30, 2015.
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305, which
continues to govern business
proprietary information in this segment
of the proceeding. 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 violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: October 7, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duties.
[FR Doc. 2015–26256 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
Assessment
[FR Doc. 2015–26263 Filed 10–14–15; 8:45 am]
AGENCY:
On July 1, 2015, based on a timely
request for review by Eramet Marietta,
Inc. (Eramet) and Felman Production,
LLC (Felman) (collectively, Petitioners),
the Department published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on
silicomanganese from Venezuela
covering the period May 1, 2014,
through April 30, 2015.1 On August 25,
2015, Petitioners withdrew its request
for an administrative review of all of the
companies listed in its review request.2
62021
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Because the
Department is rescinding this
administrative review in its entirety, the
entries to which this administrative
review pertained shall be assessed
antidumping duties at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice.
Notifications
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015).
2 See letter from Petitioners to the Secretary of
Commerce entitled, ‘‘Silicomanganese from
Venezuela: Withdrawal of Request for
Administrative Review of Antidumping Order,’’
dated August 25, 2015.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Certain Polyethylene Terephthalate
Resin From the Sultanate of Oman:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain polyethylene
terephthalate resin (‘‘PET resin’’) from
the Sultanate of Oman (‘‘Oman’’) is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’). The period of investigation
is January 1, 2014, through December
31, 2014. The estimated weightedaverage dumping margins are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
AGENCY:
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62022
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3518.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
April 6, 2015.1 Pursuant to section
733(c)(1)(A) of the Act, the Department
postponed this preliminary LTFV
determination by 50 days until October
6, 2015.2
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Investigation
The merchandise covered by this
investigation is polyethylene
terephthalate (‘‘PET’’) resin. The
merchandise subject to this
investigation is properly classified
under subheading 3907.60.00.30 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
under investigation is dispositive.
For a full description of the scope of
this investigation, see the Preliminary
Decision Memorandum, hereby adopted
by this notice.3 The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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, and is
available to all parties in the
Department’s Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
1 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) (‘‘Initiation Notice’’).
2 See Certain Polyethylene Terephthalate Resin
from Canada, the People’s Republic of China, India,
and the Sultanate of Oman: Postponement of
Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 45640 (July 31, 2015).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary, Enforcement and Compliance
‘‘Certain Polyethylene Terephthalate Resin From
the Sultanate of Oman: Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation,’’ (‘‘Preliminary Decision
Memorandum’’) dated concurrently with and
hereby adopted by this notice. A list of the topics
discussed in the Preliminary Decision
Memorandum appears in Appendix I, below.
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https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope Comments
The Initiation Notice provided
interested parties an opportunity to
raise issues regarding product coverage
(scope). However, no party to the
proceeding provided scope comments.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices (‘‘EP’’) and
constructed export prices (‘‘CEP’’) have
been calculated in accordance with
section 772 of the Act. Normal value
(‘‘NV’’) has been calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, hereby adopted
by this notice.
Investigation’’ section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), we will instruct CBP to
require a cash deposit 4 equal to the
weighted-average amount by which the
NV exceeds EP, or CEP as indicated in
the chart above. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the preliminary
determination in accordance with 19
CFR 351.224(b). Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
All Others Rate
to issues raised in case briefs, may be
Section 735(c)(5)(A) of the Act
submitted no later than five days after
provides that the estimated ‘‘all others’’
the deadline date for submitting case
rate shall be an amount equal to the
briefs.5 Pursuant to 19 CFR
weighted-average of the estimated
351.309(c)(2) and (d)(2), parties who
weighted-average dumping margins
submit case briefs or rebuttal briefs in
established for exporters and producers
this proceeding are encouraged to
individually investigated, excluding any submit with each argument: (1) A
zero or de minimis dumping margins,
statement of the issue; (2) a brief
and any dumping margins determined
summary of the argument; and (3) a
entirely under section 776 of the Act.
table of authorities.
We based our calculation of the ‘‘all
Interested parties who wish to request
others’’ rate on the dumping margin
a hearing must submit a written request
calculated for OCTAL SAOC—FZC
to the Assistant Secretary for
(‘‘OCTAL’’), the only mandatory
Enforcement and Compliance, U.S.
respondent in this investigation. This
Department of Commerce, filed
margin was not zero or de mininis and
electronically using ACCESS. All
it was not determined entirely under
documents must be filed electronically
section 776 of the Act.
using ACCESS. An electronically filed
hearing request must be received
Preliminary Determination
successfully in its entirety by ACCESS,
The Department preliminarily
by 5:00 p.m. Eastern Time, within 30
determines that the following weighted- days after the date of publication of this
average dumping margins exist during
notice.6 Hearing requests should contain
the period January 1, 2014, through
the party’s name, address, and
December 31, 2014:
telephone number, the number of
participants, and a list of the issues to
Weightedbe discussed. If a request for a hearing
average
is made, the Department intends to hold
Producer or exporter
dumping
margin
the hearing at the U.S. Department of
(percent)
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
OCTAL SAOC—FZC ................
6.62
All Others ..................................
6.62 a time and date to be determined.
Parties should confirm by telephone the
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, the Department will direct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of PET resin from Oman, as
described in the ‘‘Scope of the
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4 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
5 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
6 See 19 CFR 351.310(c).
E:\FR\FM\15OCN1.SGM
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
U.S. International Trade Commission
(‘‘ITC’’) Notification
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information submitted by OCTAL
and its affiliates prior to making a final
determination in this investigation.
mstockstill on DSK4VPTVN1PROD with NOTICES
date, time, and location of the hearing
two days before the scheduled date.
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
PET resin from Oman before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination. Because
we are postponing the deadline for our
final determination to 135 days from the
date of publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
later than 45 days after our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
19 CFR 351.210(e)(2) requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
OCTAL requested that, contingent
upon an affirmative preliminary
determination of sales at LTFV for
OCTAL, the Department postpone its
final determination pursuant to 19 CFR
351.210(e)(2).7 In addition, OCTAL
requested to extend the application of
the provisional measures prescribed
under section 733(d) of the Act and 19
CFR 351.210(e)(2), from a four-month
period to a period not to exceed six
months.
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because: (1)
Our preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.8
7 See Letter from OCTAL to the Secretary of
Commerce ‘‘OCTAL’s Request for Extension of
Final Determination and Provisional Measures
Certain Polyethylene Terephthalate (PET) Resin
from the Sultanate of Oman,’’ dated September 24,
2015.
8 See 19 CFR 351.210(e).
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17:19 Oct 14, 2015
Jkt 238001
Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I: List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Fair Value Comparisons
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on
Comparison Market Prices
4. Calculation of Normal Value Based on
Constructed Value
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation
[FR Doc. 2015–26261 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
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62023
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–825]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Postponement
of Preliminary Determination in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 15, 2015.
FOR FURTHER INFORMATION CONTACT: Reza
Karamloo at (202) 482–4470 or Rebecca
Trainor at (202) 482–4007, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 10, 2015, the Department
of Commerce (the Department) initiated
the countervailing duty (CVD)
investigation of heavy walled
rectangular welded carbon steel pipes
and tubes from the Republic of Turkey.1
Currently, the preliminary
determination is due no later than
October 14, 2015.
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
the Department initiated the
investigation. However, if the
Department concludes that the parties
concerned are cooperating, and that the
case is extraordinarily complicated such
that additional time is necessary to
make the preliminary determination,
section 703(c)(1)(B) of the Act allows
the Department to postpone making the
preliminary determination until no later
than 130 days after the date on which
the administering authority initiated the
investigation. We have concluded that
the parties concerned are cooperating
and that the case is extraordinarily
complicated, such that we need more
time to make the preliminary
determination. Specifically, the analysis
will involve not only the usual
consideration of financial contribution
and specificity for numerous programs,
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Initiation of Countervailing Duty Investigation, 80
FR 49207 (August 17, 2015).
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]]>Agencies
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62021-62023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26261]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Certain Polyethylene Terephthalate Resin From the Sultanate of
Oman: Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that certain polyethylene terephthalate resin (``PET
resin'') from the Sultanate of Oman (``Oman'') is being, or is likely
to be, sold in the United States at less than fair value (``LTFV''), as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
``Act''). The period of investigation is January 1, 2014, through
December 31, 2014. The estimated weighted-average dumping margins are
shown in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
[[Page 62022]]
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3518.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on April 6, 2015.\1\ Pursuant to section 733(c)(1)(A) of
the Act, the Department postponed this preliminary LTFV determination
by 50 days until October 6, 2015.\2\
---------------------------------------------------------------------------
\1\ 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) (``Initiation Notice'').
\2\ See Certain Polyethylene Terephthalate Resin from Canada,
the People's Republic of China, India, and the Sultanate of Oman:
Postponement of Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 45640 (July 31, 2015).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is polyethylene
terephthalate (``PET'') resin. The merchandise subject to this
investigation is properly classified under subheading 3907.60.00.30 of
the Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the merchandise under investigation is
dispositive.
For a full description of the scope of this investigation, see the
Preliminary Decision Memorandum, hereby adopted by this notice.\3\ The
Preliminary Decision Memorandum is a public document and is made
available to the public 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,
and is available to all parties in the Department's Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary, Enforcement and Compliance ``Certain
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation,'' (``Preliminary Decision
Memorandum'') dated concurrently with and hereby adopted by this
notice. A list of the topics discussed in the Preliminary Decision
Memorandum appears in Appendix I, below.
---------------------------------------------------------------------------
Scope Comments
The Initiation Notice provided interested parties an opportunity to
raise issues regarding product coverage (scope). However, no party to
the proceeding provided scope comments.
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices (``EP'') and constructed export
prices (``CEP'') have been calculated in accordance with section 772 of
the Act. Normal value (``NV'') has been calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum,
hereby adopted by this notice.
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis dumping margins, and any dumping margins determined entirely
under section 776 of the Act. We based our calculation of the ``all
others'' rate on the dumping margin calculated for OCTAL SAOC--FZC
(``OCTAL''), the only mandatory respondent in this investigation. This
margin was not zero or de mininis and it was not determined entirely
under section 776 of the Act.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist during the period January 1,
2014, through December 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC--FZC............................................ 6.62
All Others................................................. 6.62
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of PET resin from Oman, as described in the
``Scope of the Investigation'' section, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), we will instruct CBP to require a cash
deposit \4\ equal to the weighted-average amount by which the NV
exceeds EP, or CEP as indicated in the chart above. These suspension of
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\4\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary determination in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than seven days after
the date on which the final verification report is issued in this
proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for submitting case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. All documents must be filed electronically using ACCESS. An
electronically filed hearing request must be received successfully in
its entirety by ACCESS, by 5:00 p.m. Eastern Time, within 30 days after
the date of publication of this notice.\6\ Hearing requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the
[[Page 62023]]
date, time, and location of the hearing two days before the scheduled
date.
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\6\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information submitted by OCTAL and its affiliates prior
to making a final determination in this investigation.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final antidumping determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
OCTAL requested that, contingent upon an affirmative preliminary
determination of sales at LTFV for OCTAL, the Department postpone its
final determination pursuant to 19 CFR 351.210(e)(2).\7\ In addition,
OCTAL requested to extend the application of the provisional measures
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2),
from a four-month period to a period not to exceed six months.
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\7\ See Letter from OCTAL to the Secretary of Commerce ``OCTAL's
Request for Extension of Final Determination and Provisional
Measures Certain Polyethylene Terephthalate (PET) Resin from the
Sultanate of Oman,'' dated September 24, 2015.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, we will
make our final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.\8\
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\8\ See 19 CFR 351.210(e).
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of PET resin from Oman before the later of
120 days after the date of this preliminary determination or 45 days
after our final determination. Because we are postponing the deadline
for our final determination to 135 days from the date of publication of
this preliminary determination, as discussed above, the ITC will make
its final determination no later than 45 days after our final
determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I: List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Fair Value Comparisons
1. Determination of the Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on Comparison Market Prices
4. Calculation of Normal Value Based on Constructed Value
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation
[FR Doc. 2015-26261 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P
