Certain Polyethylene Terephthalate Resin From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 62029-62032 [2015-26262]
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
Ingredients, G.P. (Ashland), the
petitioner and sole domestic producer of
CMC, requested, effective July 1, 2014,
revocation of the Order with respect to
the Netherlands as part of an expedited
CCR. On August 31, 2015, the
Department preliminarily determined to
revoke the Order and invited interested
parties to comment on the Preliminary
Results.
We received no comments from
interested parties on the Preliminary
Results.
Scope of the Order
The merchandise covered by this
order is all purified CMC, sometimes
also referred to as purified sodium CMC,
polyanionic cellulose, or cellulose gum,
which is a white to off-white, non-toxic,
odorless, biodegradable powder,
comprising sodium CMC that has been
refined and purified to a minimum
assay of 90 percent. Purified CMC does
not include unpurified or crude CMC,
CMC Fluidized Polymer Suspensions,
and CMC that is cross-linked through
heat treatment. Purified CMC is CMC
that has undergone one or more
purification operations which, at a
minimum, reduce the remaining salt
and other by-product portion of the
product to less than ten percent.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
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Final Results of Changed
Circumstances Review
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i), provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the order, in whole or in part. In
accordance with 19 CFR 351.222(g)(1),
we find that the petitioner’s affirmative
statement of no interest constitutes good
cause to conduct this review. Ashland
stated that, as the sole U.S. producer of
CMC, it accounts for substantially all of
the production of the domestic like
product. Ashland also stated that it has
no interest in the continuation of the
Order.3 Therefore, at the request of
Ashland and in accordance with
sections 751(b)(1) and 751(d)(1) of the
Act, 19 CFR 351.216, and
3 See Ashland’s July 8, 2015, submission to the
Department; see also Preliminary Results, 80 FR at
52447–48.
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17:19 Oct 14, 2015
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351.222(g)(1)(i) and (vi), we are revoking
the Order on CMC from the
Netherlands. As stated in the
Preliminary Results, the revocation will
be effective July 1, 2014, which is the
effective date requested by Ashland and
also the first day of the most recent
period not subject to administrative
review.4
Termination of Suspension of
Liquidation
Because we determine that there are
changed circumstances that warrant the
revocation of the Order, we will instruct
U.S. Customs and Border Protection to
terminate the suspension of liquidation
of the merchandise subject to this order
entered, or withdrawn from warehouse,
on or after July 1, 2014, and to release
any cash deposit or bond on all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.5 Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and
antidumping duty deposit requirements.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216,
351.221(b)(5), and 351.222(g)(1)(i) and
(g)(3)(vii).
Dated: October 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26260 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
4 See
5 See
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Preliminary Results, 80 FR at 52448.
19 CFR 351.222(g)(4).
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62029
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–861]
Certain Polyethylene Terephthalate
Resin From India: Affirmative
Preliminary Determination of Sales at
Less Than Fair Value, Affirmative
Preliminary Determination of Critical
Circumstances, 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
(the Department) preliminarily
determines that certain polyethylene
terephthalate resin (PET resin) products
from India are being, or are 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.
FOR FURTHER INFORMATION CONTACT: Fred
Baker 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) 482–2924 or (202) 482–
0649.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
Scope of the Investigation
The merchandise covered by these
investigations is polyethylene
terephthalate (PET) resin
The merchandise subject to these
investigations is properly classified
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).
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62030
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
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
the 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.
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 price (EP) has
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.
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Preliminary Affirmative Determination
of Critical Circumstances
On July 16, 2015, petitioners filed a
timely critical circumstances allegation,
pursuant to section 773(e)(1) of the Act
and 19 CFR 351.206(c)(1), alleging that
critical circumstances exist with respect
to imports of the merchandise under
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary, Enforcement and Compliance
‘‘Decision Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Polyethylene Terephthalate
Resin from India,’’ (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 the Appendix below.
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17:19 Oct 14, 2015
Jkt 238001
consideration.4 In accordance with 19
CFR 351.206(c)(2)(i), when a critical
circumstances allegation is submitted
more than 20 days before the scheduled
date of the preliminary determination,
the Department must issue a
preliminary finding whether there is a
reasonable basis to believe or suspect
that critical circumstances exist no later
than the date of the preliminary
determination. We have conducted an
analysis of critical circumstances in
accordance with section 733(c) of the
Act and 19 CFR 351.206, and
preliminarily determine that: (1) There
is a history of dumping and material
injury by reason of dumped imports in
the United States or elsewhere of the
subject merchandise in accordance with
section 733(e)(1)(A)(i) of the Act; and (2)
imports of the subject merchandise have
been massive over a relatively short
period in accordance with section
733(e)(1)(B) of the Act. Therefore, we
preliminarily determine that critical
circumstances exist. For a full
description of the methodology and
results of our analysis, see the
Preliminary Decision Memorandum.
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 margins, and
margins determined entirely under
section 776 of the Act. In this
investigation, we calculated weightedaverage dumping margins for both
mandatory respondents that are above
de minimis and which are not based on
section 776 of the Act. However,
because there are only two relevant
weighted-average dumping margins for
this final determination, using a
weighted-average of these two rates
risks disclosure of business proprietary
data. Therefore, the Department
assigned a margin to the all-others rate
companies based on the simple average
of the two mandatory respondents’
rates.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist during
the period January 1, 2014, through
December 31, 2014:
4 See letter from Petitioners, ‘‘Certain
Polyethylene Terephthalate Resin—Critical
Circumstances Allegation,’’ date July 16, 2015.
PO 00000
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Producer or exporter
Dhunseri Petrochem, Ltd. .....
Ester Industries, Ltd. ............
JBF Industries, Ltd. ..............
Reliance Industries, Ltd. .......
All Others ..............................
Weightedaverage
dumping
margin
(percent)
19.41
10.68
19.41
6.31
8.50
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.
Pursuant to 19 CFR 351.310(c),
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 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 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 date, time, and
location of the hearing two days before
the scheduled date.
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
5 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
6 See 19 CFR 351.310(c).
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
the information submitted by Ester and
Reliance prior to making a final
determination in this investigation.
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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 India 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 7 equal to the
weighted-average amount by which the
NV exceeds EP as indicated in the chart
above, adjusted where appropriate for
export subsidies.8 These suspension of
liquidation instructions will remain in
effect until further notice.
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 9
equal to the weighted-average amount
by which NV exceeds EP, as indicated
in the chart above, as follows: (1) The
rate for Dhunseri, when adjusted for
export subsidies, is 14.28 percent; (2)
the rate for Ester, when adjusted for
export subsidies, is 5.55 percent; (3) the
rate for JBF, when adjusted for export
subsidies, is 0.00 percent; (4) the rate for
Reliance, when adjusted for export
subsidies, is 1.18, (5) if the exporter is
not a firm identified in this
investigation, but the producer is, then
the rate will be the rate established for
the producer of the subject
merchandise; (6) the rate for all other
producers or exporters, when adjusted
for export subsidies, will be 3.37
percent. These suspension of
liquidation instructions will remain in
effect until further notice.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
7 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).
8 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. See Notice of Final Determination of Sales
at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012
(August 8, 2006), and accompanying Issues and
Decision Memorandum at Comment 1.
9 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).
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17:19 Oct 14, 2015
Jkt 238001
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. As
described above, we preliminarily find
that critical circumstances exist for
imports produced or exported by all
Indian exporters. Therefore, in
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date which is 90 days before
the publication of this notice.
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.
Reliance requested that, in the event
of an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination by 60 days (i.e., to 135
days after publication of the preliminary
determination) pursuant to section
735(a)(2)(A) and 19 CFR
351.210(b)(2)(ii), and agreed 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.10
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 exporters
account for a significant proportion of
exports of the subject merchandise; and
10 See letter from Reliance dated September 24,
2015.
PO 00000
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62031
(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.11 The
suspension of liquidation described
above will be extended accordingly.
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 India 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 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
11 See
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19 CFR 351.210(e).
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
2. Level of Trade
3. Calculation of Normal Value Based on
Comparison Market Prices
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of COP Test
IX. Facts Available
X. Critical Circumstances
XI. Currency Conversion
XII. U.S. International Trade Commission
Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Adjustments for Countervailable
Subsidies
XVI. Recommendation
[FR Doc. 2015–26262 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE057
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Pier
Replacement Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we have issued an incidental
harassment authorization (IHA) to the
U.S. Navy (Navy) to incidentally harass,
by Level B harassment only, marine
mammals during construction activities
associated with a pier replacement
project at Naval Base Point Loma, San
Diego, CA.
DATES: This authorization is effective
from October 8, 2015, through October
7, 2016.
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Availability
An electronic copy of the Navy’s
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained by
visiting the Internet at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
VerDate Sep<11>2014
17:19 Oct 14, 2015
Jkt 238001
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘. . . an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the U.S. can apply for
an authorization to incidentally take
small numbers of marine mammals by
harassment. Section 101(a)(5)(D)
establishes a 45-day time limit for
NMFS review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of marine mammals. Within
45 days of the close of the comment
period, NMFS must either issue or deny
the authorization. Except with respect to
certain activities not pertinent here, the
MMPA defines ‘‘harassment’’ as ‘‘any
act of pursuit, torment, or annoyance
which (i) has the potential to injure a
marine mammal or marine mammal
stock in the wild [Level A harassment];
or (ii) has the potential to disturb a
marine mammal or marine mammal
stock in the wild by causing disruption
of behavioral patterns, including, but
not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].’’
Summary of Request
On June 12, 2015, we received a
request from the Navy for authorization
to take marine mammals incidental to
pile installation and removal associated
with a pier replacement project in San
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Fmt 4703
Sfmt 4703
Diego Bay at Naval Base Point Loma in
San Diego, CA (NBPL). The Navy also
submitted a separate monitoring plan
and draft monitoring report pursuant to
requirements of the previous IHA. The
Navy submitted revised versions of the
request on July 3 and July 26, 2015, a
revised version of the monitoring plan
on July 21, 2015, and a revised
monitoring report on July 29, 2015.
These documents were deemed
adequate and complete. The pier
replacement project is planned to occur
over four years; this IHA covers only the
third year of work and is valid for a
period of one year, from October 8,
2015, through October 7, 2016.
Hereafter, use of the generic term ‘‘pile
driving’’ may refer to both pile
installation and removal unless
otherwise noted.
The use of both vibratory and impact
pile driving is expected to produce
underwater sound at levels that have the
potential to result in behavioral
harassment of marine mammals. Species
with the expected potential to be
present during all or a portion of the inwater work window include the
California sea lion (Zalophus
californianus), harbor seal (Phoca
vitulina richardii), northern elephant
seal (Mirounga angustirostris), gray
whale (Eschrichtius robustus),
bottlenose dolphin (Tursiops truncatus
truncatus), Pacific white-sided dolphin
(Lagenorhynchus obliquidens), Risso’s
dolphin (Grampus griseus), and either
short-beaked or long-beaked common
dolphins (Delphinus spp.). California
sea lions are present year-round and are
very common in the project area, while
bottlenose dolphins and harbor seals are
common and likely to be present yearround but with more variable
occurrence in San Diego Bay. Gray
whales may be observed in San Diego
Bay sporadically during migration
periods. The remaining species are
known to occur in nearshore waters
outside San Diego Bay, but are generally
only rarely observed near or in the bay.
However, recent observations indicate
that these species may occur in the
project area and therefore could
potentially be subject to incidental
harassment from the aforementioned
activities.
This is the third such IHA, following
the IHAs issued effective from
September 1, 2013, through August 31,
2014 (78 FR 44539) and from October 8,
2014, through October 7, 2015 (79 FR
65378). Monitoring reports are available
on the Internet at www.nmfs.noaa.gov/
pr/permits/incidental/construction.htm
and provide environmental information
related to issuance of this IHA.
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62029-62032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26262]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-861]
Certain Polyethylene Terephthalate Resin From India: Affirmative
Preliminary Determination of Sales at Less Than Fair Value, Affirmative
Preliminary Determination of Critical Circumstances, 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 (the Department) preliminarily
determines that certain polyethylene terephthalate resin (PET resin)
products from India are being, or are 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.
FOR FURTHER INFORMATION CONTACT: Fred Baker 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-
2924 or (202) 482-0649.
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\
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\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).
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Scope of the Investigation
The merchandise covered by these investigations is polyethylene
terephthalate (PET) resin
The merchandise subject to these investigations is properly
classified
[[Page 62030]]
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 the 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.
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\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary, Enforcement and Compliance ``Decision
Memorandum for the Preliminary Determination in the Antidumping Duty
Investigation of Certain Polyethylene Terephthalate Resin from
India,'' (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 the Appendix below.
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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 price (EP) has 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.
Preliminary Affirmative Determination of Critical Circumstances
On July 16, 2015, petitioners filed a timely critical circumstances
allegation, pursuant to section 773(e)(1) of the Act and 19 CFR
351.206(c)(1), alleging that critical circumstances exist with respect
to imports of the merchandise under consideration.\4\ In accordance
with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation
is submitted more than 20 days before the scheduled date of the
preliminary determination, the Department must issue a preliminary
finding whether there is a reasonable basis to believe or suspect that
critical circumstances exist no later than the date of the preliminary
determination. We have conducted an analysis of critical circumstances
in accordance with section 733(c) of the Act and 19 CFR 351.206, and
preliminarily determine that: (1) There is a history of dumping and
material injury by reason of dumped imports in the United States or
elsewhere of the subject merchandise in accordance with section
733(e)(1)(A)(i) of the Act; and (2) imports of the subject merchandise
have been massive over a relatively short period in accordance with
section 733(e)(1)(B) of the Act. Therefore, we preliminarily determine
that critical circumstances exist. For a full description of the
methodology and results of our analysis, see the Preliminary Decision
Memorandum.
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\4\ See letter from Petitioners, ``Certain Polyethylene
Terephthalate Resin--Critical Circumstances Allegation,'' date July
16, 2015.
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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 margins, and margins determined entirely under section 776 of
the Act. In this investigation, we calculated weighted-average dumping
margins for both mandatory respondents that are above de minimis and
which are not based on section 776 of the Act. However, because there
are only two relevant weighted-average dumping margins for this final
determination, using a weighted-average of these two rates risks
disclosure of business proprietary data. Therefore, the Department
assigned a margin to the all-others rate companies based on the simple
average of the two mandatory respondents' rates.
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)
------------------------------------------------------------------------
Dhunseri Petrochem, Ltd................................. 19.41
Ester Industries, Ltd................................... 10.68
JBF Industries, Ltd..................................... 19.41
Reliance Industries, Ltd................................ 6.31
All Others.............................................. 8.50
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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.
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\5\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), 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 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\
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 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
[[Page 62031]]
the information submitted by Ester and Reliance prior to making a final
determination in this investigation.
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 India 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 \7\ equal to the weighted-average amount by which the NV
exceeds EP as indicated in the chart above, adjusted where appropriate
for export subsidies.\8\ These suspension of liquidation instructions
will remain in effect until further notice.
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\7\ 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).
\8\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation
program, but in the cash deposit instructions issued to CBP. See
Notice of Final Determination of Sales at Less Than Fair Value, and
Negative Determination of Critical Circumstances: Certain Lined
Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
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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 \9\ equal to the
weighted-average amount by which NV exceeds EP, as indicated in the
chart above, as follows: (1) The rate for Dhunseri, when adjusted for
export subsidies, is 14.28 percent; (2) the rate for Ester, when
adjusted for export subsidies, is 5.55 percent; (3) the rate for JBF,
when adjusted for export subsidies, is 0.00 percent; (4) the rate for
Reliance, when adjusted for export subsidies, is 1.18, (5) if the
exporter is not a firm identified in this investigation, but the
producer is, then the rate will be the rate established for the
producer of the subject merchandise; (6) the rate for all other
producers or exporters, when adjusted for export subsidies, will be
3.37 percent. These suspension of liquidation instructions will remain
in effect until further notice.
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\9\ 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).
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Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports
produced or exported by all Indian exporters. Therefore, in accordance
with section 733(e)(2)(A) of the Act, the suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice.
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.
Reliance requested that, in the event of an affirmative preliminary
determination in this investigation, the Department postpone its final
determination by 60 days (i.e., to 135 days after publication of the
preliminary determination) pursuant to section 735(a)(2)(A) and 19 CFR
351.210(b)(2)(ii), and agreed 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.\10\
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\10\ See letter from Reliance 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 exporters account 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.\11\ The suspension of liquidation described above will be extended
accordingly.
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\11\ 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 India 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 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
[[Page 62032]]
2. Level of Trade
3. Calculation of Normal Value Based on Comparison Market Prices
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of COP Test
IX. Facts Available
X. Critical Circumstances
XI. Currency Conversion
XII. U.S. International Trade Commission Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Adjustments for Countervailable Subsidies
XVI. Recommendation
[FR Doc. 2015-26262 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P
