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]

Download as PDF 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 17:19 Oct 14, 2015 Jkt 238001 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 PO 00000 Preliminary Results, 80 FR at 52448. 19 CFR 351.222(g)(4). Frm 00018 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15OCN1.SGM 15OCN1 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 http://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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 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 Frm 00019 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15OCN1.SGM 15OCN1 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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). VerDate Sep<11>2014 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 Frm 00020 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15OCN1.SGM 19 CFR 351.210(e). 15OCN1 62032 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: mstockstill on DSK4VPTVN1PROD with NOTICES 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 PO 00000 Frm 00021 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\
---------------------------------------------------------------------------

    \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 http://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 ``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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \4\ See letter from Petitioners, ``Certain Polyethylene 
Terephthalate Resin--Critical Circumstances Allegation,'' date July 
16, 2015.
---------------------------------------------------------------------------

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
------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ See letter from Reliance dated September 24, 2015.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.210(e).
---------------------------------------------------------------------------

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