Certain Polyethylene Terephthalate Resin From Canada: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 62019-62021 [2015-26263]
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For exports of merchandise
made by Yama Ribbons of merchandise
it did not produce, the cash deposit rate
is the PRC-wide rate of 247.65, as stated
in the Order; 6 (2) for previously
investigated or reviewed PRC and nonPRC exporters which are not under
review in this segment of the proceeding
but which have been determined by
Commerce to have a separate rate, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate the cash deposit rate will
be the PRC-wide rate of 247.65 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter(s) that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to the administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
6 See
Order.
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17:19 Oct 14, 2015
Jkt 238001
Dated: October 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–26265 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–855]
Certain Polyethylene Terephthalate
Resin From Canada: Affirmative
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain polyethylene
terephthalate resin (‘‘PET resin’’) from
Canada is being, or is likely to be, sold
in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). The period of
investigation is January 1, 2014, through
December 31, 2014. The estimated
weighted-average dumping margins are
shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan, Cara Lofaro, or Krisha
Hill, AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4081, (202) 482–5720, or (202) 482–
4037, respectively.
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 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
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62019
Scope of the Investigation
The merchandise covered by this
investigation is polyethylene
terephthalate (PET) resin. The
merchandise subject to this
investigation is properly classified
under subheading 3907.60.00.30 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
under investigation is dispositive.
For a full description of the scope of
this investigation, see the Preliminary
Decision Memorandum, hereby adopted
by this notice.3 The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the
Department’s Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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’’) is
calculated in accordance with section
772 of the Act. Normal value (‘‘NV’’) has
been calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum,
hereby adopted by this notice.
Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 45640 (July 31, 2015).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary, Enforcement and Compliance
‘‘Decision Memorandum for Preliminary
Determination of Sales at Less Than Fair Value:
Certain Polyethylene Terephthalate Resin from
Canada,’’ (‘‘Preliminary Decision Memorandum’’)
dated concurrently with and hereby adopted by this
notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in
Appendix I, below.
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62020
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
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
Preliminary Determination
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
The Department preliminarily
determines that the following weighted- Commerce, filed electronically using
ACCESS. All documents must be filed
average dumping margins exist during
electronically using ACCESS. An
the period January 1, 2014, through
electronically filed request must be
December 31, 2014:
received successfully in its entirety by
Weighted- ACCESS, by 5:00 p.m. Eastern Time,
average
within 30 days after the date of
Producer or exporter
dumping
publication of this notice.6 Requests
margin
should contain the party’s name,
(percent)
address, and telephone number, the
Selenis Canada Inc. ...................
13.29 number of participants, and a list of the
All Others ....................................
13.29 issues to be discussed. If a request for
a hearing is made, the Department
Suspension of Liquidation
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
In accordance with section 733(d)(2)
and Constitution Avenue NW.,
of the Act, the Department will direct
Washington, DC 20230, at a time and
U.S. Customs and Border Protection
date to be determined. Parties should
(‘‘CBP’’) to suspend liquidation of all
confirm by telephone the date, time, and
entries of PET resin from Canada as
location of the hearing two days before
described in the ‘‘Scope of the
the scheduled date.
Investigation’’ section entered, or
withdrawn from warehouse, for
Verification
consumption on or after the date of
As provided in section 782(i)(1) of the
publication of this notice in the Federal
Act, the Department intends to verify
Register. Pursuant to section
the information submitted by Selenis
733(d)(1)(B) of the Act and 19 CFR
Canada prior to making a final
351.205(d), we will instruct CBP to
determination in this investigation.
require a cash deposit equal to the
weighted-average amount by which the
Postponement of Final Determination
NV exceeds EP as indicated in the chart and Extension of Provisional Measures
above.4 These suspension of liquidation
Section 735(a)(2) of the Act provides
instructions will remain in effect until
that a final determination may be
further notice.
postponed until not later than 135 days
after the date of the publication of the
Disclosure and Public Comment
preliminary determination if, in the
We intend to disclose the calculations
event of an affirmative preliminary
performed to parties in this proceeding
determination, a request for such
within five days of any public
postponement is made by exporters who
announcement of this notice in
account for a significant proportion of
accordance with 19 CFR 351.224(b).
exports of the subject merchandise, or in
Case briefs or other written comments
the event of a negative preliminary
may be submitted to the Assistant
determination, a request for such
Secretary for Enforcement and
postponement is made by the petitioner.
Compliance no later than seven days
19 CFR 351.210(e)(2) requires that
requests by respondents for
4 See Modification of Regulations Regarding the
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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 any
margins determined entirely under
section 776 of the Act. We based our
calculation of the ‘‘all others’’ rate on
the margin calculated for Selenis
Canada Inc. (‘‘Selenis Canada’’), the
only mandatory respondent in this
investigation.
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
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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Sfmt 4703
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.
Selenis Canada requested that,
contingent upon an affirmative
preliminary determination of sales at
LTFV for Selenis Canada, the
Department postpone its final
determination pursuant to section
735(a)(2) of the Act.7 In addition,
Selenis Canada requested to extend the
application of the provisional measures,
from a four-month period to a period
not to exceed six months.
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because: (1)
Our preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.8
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 Canada 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).
7 See Letter from the Selenis Canada to the
Department regarding, ‘‘Polyethylene Terephthalate
Resin (‘‘PET Resin’’) from Canada Request to Extend
the Due Date of the Final Determination,’’ dated
September 30, 2015.
8 See 19 CFR 351.210(e).
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
SUPPLEMENTARY INFORMATION:
Background
Appendix I: List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Fair Value Comparisons
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on
Comparison Market Prices
4. Calculation of Normal Value Based on
Constructed Value
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–307–820]
Silicomanganese from Venezuela:
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on
silicomanganese from Venezuela for the
period May 1, 2014, through April 30,
2015.
DATES: Effective Date: October 15, 2015.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 and (202)
482–0649, respectively.
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17:19 Oct 14, 2015
Jkt 238001
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review. In
this case, Petitioners timely withdrew
its review request by the 90-day
deadline, and no other party requested
an administrative review of the
antidumping duty order. As a result, we
are rescinding the administrative review
of silicomanganese from Venezuela for
the period May 1, 2014, through April
30, 2015.
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305, which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: October 7, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duties.
[FR Doc. 2015–26256 Filed 10–14–15; 8:45 am]
BILLING CODE 3510–DS–P
Assessment
[FR Doc. 2015–26263 Filed 10–14–15; 8:45 am]
AGENCY:
On July 1, 2015, based on a timely
request for review by Eramet Marietta,
Inc. (Eramet) and Felman Production,
LLC (Felman) (collectively, Petitioners),
the Department published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on
silicomanganese from Venezuela
covering the period May 1, 2014,
through April 30, 2015.1 On August 25,
2015, Petitioners withdrew its request
for an administrative review of all of the
companies listed in its review request.2
62021
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Because the
Department is rescinding this
administrative review in its entirety, the
entries to which this administrative
review pertained shall be assessed
antidumping duties at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice.
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015).
2 See letter from Petitioners to the Secretary of
Commerce entitled, ‘‘Silicomanganese from
Venezuela: Withdrawal of Request for
Administrative Review of Antidumping Order,’’
dated August 25, 2015.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Certain Polyethylene Terephthalate
Resin From the Sultanate of Oman:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain polyethylene
terephthalate resin (‘‘PET resin’’) from
the Sultanate of Oman (‘‘Oman’’) is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’). The period of investigation
is January 1, 2014, through December
31, 2014. The estimated weightedaverage dumping margins are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
AGENCY:
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]]>Agencies
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62019-62021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26263]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-855]
Certain Polyethylene Terephthalate Resin From Canada: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 15, 2015.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that certain polyethylene terephthalate resin (``PET
resin'') from Canada is being, or is likely to be, sold in the United
States at less than fair value (``LTFV''), as provided in section
733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period
of investigation is January 1, 2014, through December 31, 2014. The
estimated weighted-average dumping margins are shown in the
``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, Cara Lofaro, or Krisha
Hill, AD/CVD Operations, Office IV, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4081, (202) 482-5720, or (202) 482-4037, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on April 6, 2015.\1\ Pursuant to section 733(c)(1)(A) of
the Act, the Department postponed this preliminary LTFV determination
by 50 days until October 6, 2015.\2\
---------------------------------------------------------------------------
\1\ See Certain Polyethylene Terephthalate Resin From Canada,
the People's Republic of China, India, and the Sultanate of Oman:
Initiation of Less-Than-Fair-Value Investigations, 80 FR 18376
(April 6, 2015) (``Initiation Notice'').
\2\ See Certain Polyethylene Terephthalate Resin from Canada,
the People's Republic of China, India, and the Sultanate of Oman:
Postponement of Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 45640 (July 31, 2015).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is polyethylene
terephthalate (PET) resin. The merchandise subject to this
investigation is properly classified under subheading 3907.60.00.30 of
the Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the merchandise under investigation is
dispositive.
For a full description of the scope of this investigation, see the
Preliminary Decision Memorandum, hereby adopted by this notice.\3\ The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and is available to all parties in the Department's Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary, Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary, Enforcement and Compliance ``Decision
Memorandum for Preliminary Determination of Sales at Less Than Fair
Value: Certain Polyethylene Terephthalate Resin from Canada,''
(``Preliminary Decision Memorandum'') dated concurrently with and
hereby adopted by this notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in Appendix I, below.
---------------------------------------------------------------------------
Scope Comments
The Initiation Notice provided interested parties an opportunity to
raise issues regarding product coverage (scope). However, no party to
the proceeding provided scope comments.
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export price (``EP'') is calculated in
accordance with section 772 of the Act. Normal value (``NV'') has been
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, hereby adopted by this notice.
[[Page 62020]]
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 any margins determined entirely under section 776
of the Act. We based our calculation of the ``all others'' rate on the
margin calculated for Selenis Canada Inc. (``Selenis Canada''), the
only mandatory respondent in this investigation.
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)
------------------------------------------------------------------------
Selenis Canada Inc.......................................... 13.29
All Others.................................................. 13.29
------------------------------------------------------------------------
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 Canada 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 equal to the weighted-average amount by which the NV exceeds EP
as indicated in the chart above.\4\ These suspension of liquidation
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\4\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of any public announcement of this notice
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.
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\6\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information submitted by Selenis Canada prior to making a
final determination in this investigation.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final antidumping determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
Selenis Canada requested that, contingent upon an affirmative
preliminary determination of sales at LTFV for Selenis Canada, the
Department postpone its final determination pursuant to section
735(a)(2) of the Act.\7\ In addition, Selenis Canada requested to
extend the application of the provisional measures, from a four-month
period to a period not to exceed six months.
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\7\ See Letter from the Selenis Canada to the Department
regarding, ``Polyethylene Terephthalate Resin (``PET Resin'') from
Canada Request to Extend the Due Date of the Final Determination,''
dated September 30, 2015.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, we will
make our final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.\8\
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\8\ See 19 CFR 351.210(e).
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of PET resin from Canada 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).
[[Page 62021]]
Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I: List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Discussion of Methodology
A. Fair Value Comparisons
1. Determination of the Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. U.S. Price
E. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on Comparison Market Prices
4. Calculation of Normal Value Based on Constructed Value
F. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
IX. Currency Conversion
X. Verification
XI. Recommendation
[FR Doc. 2015-26263 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P
