Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value, 13336-13337 [2016-05705]

Download as PDF 13336 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices III. Final Determination of Critical Circumstances, in Part IV. Scope of the Investigation V. List of Issues VI. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators D. Benchmarks and Discount Rates Short-Term and Long-Term Rupee Denominated Loans Discount Rates VII. Use of Facts Otherwise Available and Adverse Inferences JBF Industries Limited (JBF) Government of India (GOI) Selection of the Adverse Facts Available Rate Corroboration of Secondary Information VIII. Analysis of Programs A. Programs Preliminarily Determined To Be Countervailable 1. Export Promotion of Capital Goods Scheme (EPCG) 2. Duty Drawback (DDB) 3. Focus Product Scheme (FPS) 4. Incentive Under The West Bengal State Support for Industries Scheme B. Programs Preliminary Determined Not To Be Used or Not To Confer a Benefit During the POI by Dhunseri 1. Pre- and Post-Shipment Export Financing 2. Duty Free Import Authorization Scheme 3. State Government of Gujarat’s Provision of Land for Less Than Adequate Remuneration 4. Financial Assistance to Industrial Parks 5. Income Tax Exemption Scheme (ITES) jstallworth on DSK7TPTVN1PROD with NOTICES Government of India Programs a. Status Holder Incentive Scrip b. Advance Licenses Program c. Focus Market Scheme d. Special Economic Zones (SEZ) (6 Programs) e. Export Oriented Units (EOUs Program: Duty Drawback on Furnace Oil Procured From Domestic Oil Companies f. GOI Loan Guarantees g. Market Development Assistance Program State Government Programs a. State and Union Territory Sales Tax Incentive Programs b. Maharashtra Market Development Assistance Program c. Maharashtra Industrial Promotion Subsidy d. Maharashtra Electricity Duty Exemption e. Maharashtra Waiver of Stamp Duty f. State Government of Maharashtra— Incentives to Strengthening Micro-, Small-, and Medium-Sized and Large Scale Industries g. State Government of Gujarat—Industrial Policy 2009 Scheme C. Final AFA Rates for Programs Determined Used by JBF IX. Calculation of the All-Others Rate X. Analysis of Comments XI. Recommendation Appendix II The merchandise covered by this investigation is polyethylene terephthalate (PET) resin having an intrinsic viscosity of at VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 least 0.70, but not more than 0.88, deciliters per gram. The scope includes blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. 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. [FR Doc. 2016–05712 Filed 3–11–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–523–810] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) determines that imports of certain polyethylene terephthalate resin (‘‘PET resin’’) from the Sultanate of Oman (‘‘Oman’’) are being sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’). The final weighted-average dumping margins of sales at LTFV are listed below in the section entitled ‘‘Final Determination Margins.’’ DATES: Effective Date: March 14, 2016. FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3518. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 15, 2015, the Department published in the Federal Register the preliminary determination in the LTFV investigation of PET resin from Oman.1 1 See Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 62021 (October 15, 2015) (‘‘Preliminary Determination’’). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 For a description of the events that have occurred since the Preliminary Determination, see the Issue and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government because of snowstorm ‘‘Jonas’’. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination of this investigation is now March 4, 2016.3 Period of Investigation The period of investigation (‘‘POI’’) is January 1, 2014, through December 31, 2014. Scope of the Investigation The product covered by this investigation is certain PET resin from Oman. For a full description of the scope of the investigation, see Appendix I to this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, and which is hereby adopted by this notice. A list of the issues addressed in the Issues and 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ‘‘Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Issues and Decision Memorandum for the Final Determination of Sales at Less-Than-Fair Value’’ (‘‘Issues and Decision Memorandum’’), dated concurrently with this notice. 3 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices Decision Memorandum is appended to the notice. instructions suspending liquidation will remain in effect until further notice. jstallworth on DSK7TPTVN1PROD with NOTICES Final Determination Margins The Department determines that the following weighted-average dumping margins exist for the period January 1, 2014, through December 31, 2014: International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (‘‘ITC’’) of our final determination. As our final Weighteddetermination is affirmative, in average accordance with section 735(b)(2) of the Exporter or producer dumping Act, the ITC will determine within 45 margin days whether the domestic industry in (percent) the United States is materially injured, OCTAL SAOC–FZC ................. 7.82 or threatened with material injury, by All-Others .................................. 7.82 reason of imports or sales (or the likelihood of sales) for importation of All-Others Rate the subject merchandise. If the ITC Section 735(c)(5)(A) of the Act determines that such injury exists, the provides that the estimated ‘‘all-others’’ Department will issue an antidumping rate shall be an amount equal to the duty order directing CBP to assess, upon weighted average of the estimated further instruction by the Department, weighted-average dumping margins antidumping duties on all imports of the established for exporters and producers subject merchandise entered, or individually investigated, excluding any withdrawn from warehouse, for zero or de minimis margins, and any consumption on or after the effective margins determined entirely under date of the suspension of liquidation. section 776 of the Act. We based our Return or Destruction of Proprietary calculation of the ‘‘all-others’’ rate on Information the margin calculated for OCTAL, the This notice will serve as a reminder only mandatory respondent in this to parties subject to administrative investigation. protective order (‘‘APO’’) of their Disclosure responsibility concerning the We will disclose to parties in this disposition of proprietary information proceeding the calculations performed disclosed under APO in accordance for this final determination within five with 19 CFR 351.305(a)(3). Timely days of the date of public written notification of the destruction of announcement of our final APO materials or conversion to judicial determination, in accordance with 19 protective order is hereby requested. CFR 351.224(b). Failure to comply with the regulations and the terms of an APO is a Continuation of Suspension of sanctionable violation. Liquidation We are issuing and publishing this Pursuant to section 735(c)(1)(B) of the determination and notice in accordance Act, the Department will instruct U.S. with sections 735(d) and 777(i) of the Customs and Border Protection (‘‘CBP’’) Act. to continue to suspend liquidation of all Dated: March 4, 2016. entries of certain PET resin from Oman Paul Piquado, which were entered, or withdrawn from Assistant Secretary for Enforcement and warehouse, for consumption on or after Compliance. October 15, 2015, the date of publication of the Preliminary Appendix I—Scope of the Investigation Determination. We also will instruct The merchandise covered by this CBP to require a cash deposit equal to investigation is polyethylene terephthalate the weighted-average amount by which (PET) resin having an intrinsic viscosity of at normal value exceeds U.S. price, as least 0.70, but not more than 0.88, deciliters follows: (1) The cash deposit rate for per gram. The scope includes blends of virgin OCTAL will be equal to the estimated PET resin and recycled PET resin containing weighted-average dumping margin 50 percent or more virgin PET resin content by weight, provided such blends meet the determined in this final determination; (2) if the exporter is not a firm identified intrinsic viscosity requirements above. The in this investigation but the producer is, scope includes all PET resin meeting the the cash deposit rate will be equal to the above specifications regardless of additives introduced in the manufacturing process. estimated weighted-average dumping The merchandise subject to this investigation margin established for the producer of is properly classified under subheading the subject merchandise; and (3) the 3907.60.00.30 of the Harmonized Tariff cash deposit rate for all other producers Schedule of the United States (HTSUS). or exporters will be 7.82 percent. The Although the HTSUS subheading is provided VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 13337 for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II— List of Topics in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues: Comment 1: Sale Type Classification Export Price or Constructed Export Price Comment 2: Indirect Selling Expenses Incurred in the United States Comment 3: Affiliated Party Expenses Comment 4: Ministerial Errors Comment 5: Cost Data Revisions V. Recommendation [FR Doc. 2016–05705 Filed 3–11–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–025] Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Final Affirmative Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain polyethylene terephthalate (PET) resin from the People’s Republic of China (PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. The period of investigation is January 1, 2014, through December 31, 2014. DATES: Effective Date: March 14, 2016. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Emily Maloof, 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) 482–3813 or (202) 482– 5649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published the Preliminary Determination on August 14, 2015.1 A summary of the events that 1 See Countervailing Duty Investigation of Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Preliminary Affirmative Determination and Alignment of Final E:\FR\FM\14MRN1.SGM Continued 14MRN1

Agencies

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13336-13337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05705]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-810]


Certain Polyethylene Terephthalate Resin From the Sultanate of 
Oman: Final Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines 
that imports of certain polyethylene terephthalate resin (``PET 
resin'') from the Sultanate of Oman (``Oman'') are being sold in the 
United States at less than fair value (``LTFV''), as provided in 
section 735 of the Tariff Act of 1930, as amended (the ``Act''). The 
final weighted-average dumping margins of sales at LTFV are listed 
below in the section entitled ``Final Determination Margins.''

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3518.

SUPPLEMENTARY INFORMATION: 

Background

    On October 15, 2015, the Department published in the Federal 
Register the preliminary determination in the LTFV investigation of PET 
resin from Oman.\1\ For a description of the events that have occurred 
since the Preliminary Determination, see the Issue and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin From the 
Sultanate of Oman: Affirmative Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 80 FR 
62021 (October 15, 2015) (``Preliminary Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
``Certain Polyethylene Terephthalate Resin From the Sultanate of 
Oman: Issues and Decision Memorandum for the Final Determination of 
Sales at Less-Than-Fair Value'' (``Issues and Decision 
Memorandum''), dated concurrently with this notice.
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government because of snowstorm ``Jonas''. All 
deadlines in this segment of the proceeding have been extended by four 
business days. The revised deadline for the final determination of this 
investigation is now March 4, 2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is January 1, 2014, through 
December 31, 2014.

Scope of the Investigation

    The product covered by this investigation is certain PET resin from 
Oman. For a full description of the scope of the investigation, see 
Appendix I to this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, and which is hereby adopted by this notice. A 
list of the issues addressed in the Issues and

[[Page 13337]]

Decision Memorandum is appended to the notice.

Final Determination Margins

    The Department determines that the following weighted-average 
dumping margins exist for the period January 1, 2014, through December 
31, 2014:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC.............................................         7.82
All-Others.................................................         7.82
------------------------------------------------------------------------

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 OCTAL, the only mandatory respondent in this 
investigation.

Disclosure

    We will disclose to parties in this proceeding the calculations 
performed for this final determination within five days of the date of 
public announcement of our final determination, in accordance with 19 
CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of certain PET resin from Oman which 
were entered, or withdrawn from warehouse, for consumption on or after 
October 15, 2015, the date of publication of the Preliminary 
Determination. We also will instruct CBP to require a cash deposit 
equal to the weighted-average amount by which normal value exceeds U.S. 
price, as follows: (1) The cash deposit rate for OCTAL will be equal to 
the estimated weighted-average dumping margin determined in this final 
determination; (2) if the exporter is not a firm identified in this 
investigation but the producer is, the cash deposit rate will be equal 
to the estimated weighted-average dumping margin established for the 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers or exporters will be 7.82 percent. The instructions 
suspending liquidation will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of our final 
determination. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will determine within 45 
days whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of the subject 
merchandise. If the ITC determines that such injury exists, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

     Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
0.70, but not more than 0.88, deciliters per gram. The scope 
includes blends of virgin PET resin and recycled PET resin 
containing 50 percent or more virgin PET resin content by weight, 
provided such blends meet the intrinsic viscosity requirements 
above. The scope includes all PET resin meeting the above 
specifications regardless of additives introduced in the 
manufacturing process. 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.

Appendix II-- List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues:
    Comment 1: Sale Type Classification Export Price or Constructed 
Export Price
    Comment 2: Indirect Selling Expenses Incurred in the United 
States
    Comment 3: Affiliated Party Expenses
    Comment 4: Ministerial Errors
    Comment 5: Cost Data Revisions
V. Recommendation

[FR Doc. 2016-05705 Filed 3-11-16; 8:45 am]
 BILLING CODE 3510-DS-P