Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Negative Countervailing Duty Determination, 13321-13322 [2016-05713]

Download as PDF Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–523–811] Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Negative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are not being provided to producers and exporters of certain polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman). Specifically, the Department determines that the subsidy programs reviewed in this investigation do not yield an aggregate net countervailable subsidy rate above a de minimis level (i.e., one percent ad valorem). The period of investigation is January 1, 2014 through December 31, 2014. DATES: Effective Date: March 14, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Martin, Office IV, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: AGENCY: Background jstallworth on DSK7TPTVN1PROD with NOTICES Petitioners in this investigation are DAK Americas, LLC, M&G Chemicals, and Nan Ya Plastics Corporation, America, (collectively, Petitioners). In addition to the Government of the Sultanate of Oman (GSO), the mandatory respondent in this investigation is OCTAL SAOC–FZC and OCTAL Holding SAOC (collectively, OCTAL). The events that have occurred since the Department published the Preliminary Determination 1 on August 14, 2015 are discussed in the Issues and Decision Memorandum, which is hereby incorporated in this notice.2 This memorandum also details the changes 1 See Certain Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 80 FR 48808 (August 14, 2015) (Preliminary Determination). 2 See Memorandum to Paul Piquado, ‘‘Countervailing Duty Investigation of Certain Polyethylene Terephthalate resin from the Sultanate of Oman: Issues and Decision Memorandum for the Final Negative Determination’’ (March 4, 2015) (Issues and Decision Memorandum). VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondent. 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 is available 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/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination is now March 4, 2016.3 Scope of the Investigation The merchandise covered by this investigation is 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 complete description of the scope of this investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, dated concurrently with this notice. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. 3 See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 13321 Final Determination We determine the countervailable subsidy rates to be: Company Subsidy rate OCTAL SAOC—FZC and OCTAL Holding SAOC. 0.59 percent (de minimis).4 Because the total estimated net countervailable subsidy rate for the examined company is de minimis, we determine that countervailable subsidies are not being provided to producers or exporters of PET resin from Oman. We did not calculate an all-others rate pursuant to sections 705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act) because we did not reach an affirmative final determination. Because our final determination is negative, this proceeding is terminated in accordance with section 705(c)(2) of the Act. In the Preliminary Determination, the total net countervailable subsidy rate for the individually examined respondent was de minimis and, therefore, we did not suspend liquidation of entries of PET resin from Oman. Because the estimated subsidy rates for the examined company is de minimis in this final determination, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of PET resin from Oman. International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final determination. Because our final determination is negative, this investigation is terminated. Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the destruction 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 violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. 4 In accordance with section 703(b)(4) of the Act, we are disregarding de minimis subsidies for the purposes of this final determination. E:\FR\FM\14MRN1.SGM 14MRN1 13322 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices Comment 12: Whether The Department Should Have Investigated Other Potential Countervailable Subsidies Dated: March 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–05713 Filed 3–11–16; 8:45 am] BILLING CODE 3510–DS–P 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 Discussed in the Issues and Decision Memorandum Tariff Liability Issues Comment 1: Whether the Absence of Duty Liability Based on OCTAL’s Location in the SFZ Is a Countervailable Subsidy Comment 2: Whether Petitioners’ Subsidy Allegations Regarding OCTAL’s Tariff Exemptions Were Properly Alleged Provision of Land for Less Than Adequate Remuneration (LTAR) Issues Comment 3: Whether the Department Should Recalculate the Land for LTAR Rate With a Revised Benchmark Comment 4: Whether the Provision of Land for LTAR to OCTAL Is an Export Subsidy Comment 5: Whether The Department Should Recalculate the Land for LTAR Rate To Adjust for OCTAL’s Expenses To Develop the Land jstallworth on DSK7TPTVN1PROD with NOTICES Provision of Infrastructure for LTAR Issues Comment 6: Whether the Department Should Continue To Find That OCTAL Benefited From GSO Non-General Infrastructure Funding in The Salalah Free Zone (SFZ) Comment 7: Whether GSO Non-General Infrastructure Funding in the SFZ Is an Export Subsidy Comment 8: Whether the Department Miscalculated the GSO Non-General Infrastructure Funding Subsidy Provision of Electricity for LTAR Issues Comment 9: Whether the Department Should Revise Its Electricity for LTAR Benchmark Comment 10: Whether the Provision of Electricity for LTAR Is Specific Miscellaneous Issues Comment 11: Whether the Department Should Countervail OCTAL’s Lease With Salalah Port Services Company SAOG (SPSC) VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–043] Stainless Steel Sheet and Strip From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective March 3, 2016. FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482–3964; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On February 12, 2016, the Department of Commerce (Department) received a countervailing duty (CVD) petition concerning imports of stainless steel sheet and strip from the People’s Republic of China (PRC), filed in proper form on behalf of AK Steel Corporation, Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American Stainless, and Outokumpu Stainless USA, LLC (collectively, Petitioners).1 The CVD petition was accompanied by an Antidumping Duty (AD) petition for stainless steel sheet and strip from the PRC.2 Petitioners are domestic producers of stainless steel sheet and strip, which represents the domestic industry engaged in the manufacture of stainless steel sheet and strip in the United States.3 On February 17, 2016, the Department requested information and clarification of certain areas of the Petition.4 On 1 See ‘‘Stainless Steel Sheet and Strip from the People’s Republic of China—Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated February 12, 2016 (Petition). 2 Id. 3 See Volume I of the Petition, at 2–3. 4 See the following February 17, 2016, letters from the Department to Petitioners: ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Stainless Steel Sheet and Strip from the People’s Republic of China: Supplemental Questions’’ (General Issues Supplemental Questionnaire), ‘‘Petition for the Imposition of Countervailing Duties on Imports of Stainless Steel Sheet and Strip from the People’s Republic of China: Supplemental Questions’’ (CVD Supplemental Questionnaire). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 February 19, 2016, Petitioners filed responses to these requests 5 and an amendment to the scope section of the petition.6 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioners allege that the Government of China (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) to imports of stainless steel sheet and strip from the PRC, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs in the PRC on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioners supporting their allegation. The Department finds that Petitioner filed this Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and Petitioner has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department to initiate.7 Period of Investigation Pursuant to 19 CFR 351.204(b)(2), because the Petition was filed on February 12, 2016, the period of investigation is January 1, 2015, through December 31, 2015. Scope of the Investigation The product covered by this investigation is stainless steel sheet and strip from the PRC. For a full description of the scope of the investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petition, the Department issued questions to, and received responses from, Petitioners pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection 5 See the following February 19, 2016, responses from Petitioners: ‘‘Stainless Steel Sheet and Strip from the People’s Republic of China—Petitioners’ Response to the Department’s Questions on General and Injury Volume of Petition and Amendment to Petition to Modify Scope Language,’’ (General Issues Supplement); ‘‘Stainless Steel Sheet and Strip from the People’s Republic of China— Petitioners’ Response to the CVD Supplemental Questionnaire’’ (CVD Supplemental Response). 6 See CVD Supplemental Response, at Exhibit GEN-Supp.2. 7 See the ‘‘Determination of Industry Support for the Petitions’’ section below. E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13321-13322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05713]



[[Page 13321]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-811]


Certain Polyethylene Terephthalate Resin From the Sultanate of 
Oman: Final Negative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
countervailable subsidies are not being provided to producers and 
exporters of certain polyethylene terephthalate resin (PET resin) from 
the Sultanate of Oman (Oman). Specifically, the Department determines 
that the subsidy programs reviewed in this investigation do not yield 
an aggregate net countervailable subsidy rate above a de minimis level 
(i.e., one percent ad valorem). The period of investigation is January 
1, 2014 through December 31, 2014.

DATES: Effective Date: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, Office IV, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936.

SUPPLEMENTARY INFORMATION: 

Background

    Petitioners in this investigation are DAK Americas, LLC, M&G 
Chemicals, and Nan Ya Plastics Corporation, America, (collectively, 
Petitioners). In addition to the Government of the Sultanate of Oman 
(GSO), the mandatory respondent in this investigation is OCTAL SAOC-FZC 
and OCTAL Holding SAOC (collectively, OCTAL).
    The events that have occurred since the Department published the 
Preliminary Determination \1\ on August 14, 2015 are discussed in the 
Issues and Decision Memorandum, which is hereby incorporated in this 
notice.\2\ This memorandum also details the changes we made since the 
Preliminary Determination to the subsidy rates calculated for the 
mandatory respondent. 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 is available 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/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin From the 
Sultanate of Oman: Preliminary Negative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determination, 80 FR 48808 
(August 14, 2015) (Preliminary Determination).
    \2\ See Memorandum to Paul Piquado, ``Countervailing Duty 
Investigation of Certain Polyethylene Terephthalate resin from the 
Sultanate of Oman: Issues and Decision Memorandum for the Final 
Negative Determination'' (March 4, 2015) (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

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

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

Scope of the Investigation

    The merchandise covered by this investigation is 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 complete 
description of the scope of this investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, dated concurrently 
with this notice. A list of the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
to this notice as Appendix II.

Final Determination

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                  Company                           Subsidy rate
------------------------------------------------------------------------
OCTAL SAOC--FZC and OCTAL Holding SAOC....  0.59 percent (de minimis).4
------------------------------------------------------------------------

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

    \4\ In accordance with section 703(b)(4) of the Act, we are 
disregarding de minimis subsidies for the purposes of this final 
determination.
---------------------------------------------------------------------------

    Because the total estimated net countervailable subsidy rate for 
the examined company is de minimis, we determine that countervailable 
subsidies are not being provided to producers or exporters of PET resin 
from Oman. We did not calculate an all-others rate pursuant to sections 
705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act) 
because we did not reach an affirmative final determination. Because 
our final determination is negative, this proceeding is terminated in 
accordance with section 705(c)(2) of the Act.
    In the Preliminary Determination, the total net countervailable 
subsidy rate for the individually examined respondent was de minimis 
and, therefore, we did not suspend liquidation of entries of PET resin 
from Oman. Because the estimated subsidy rates for the examined company 
is de minimis in this final determination, we are not directing U.S. 
Customs and Border Protection to suspend liquidation of entries of PET 
resin from Oman.

International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final determination. Because our final determination is 
negative, this investigation is terminated.

Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the destruction 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 violation which is 
subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.


[[Page 13322]]


     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 Discussed in the Issues and Decision Memorandum

Tariff Liability Issues

Comment 1: Whether the Absence of Duty Liability Based on OCTAL's 
Location in the SFZ Is a Countervailable Subsidy
Comment 2: Whether Petitioners' Subsidy Allegations Regarding 
OCTAL's Tariff Exemptions Were Properly Alleged

Provision of Land for Less Than Adequate Remuneration (LTAR) Issues

Comment 3: Whether the Department Should Recalculate the Land for 
LTAR Rate With a Revised Benchmark
Comment 4: Whether the Provision of Land for LTAR to OCTAL Is an 
Export Subsidy
Comment 5: Whether The Department Should Recalculate the Land for 
LTAR Rate To Adjust for OCTAL's Expenses To Develop the Land

Provision of Infrastructure for LTAR Issues

Comment 6: Whether the Department Should Continue To Find That OCTAL 
Benefited From GSO Non-General Infrastructure Funding in The Salalah 
Free Zone (SFZ)
Comment 7: Whether GSO Non-General Infrastructure Funding in the SFZ 
Is an Export Subsidy
Comment 8: Whether the Department Miscalculated the GSO Non-General 
Infrastructure Funding Subsidy

Provision of Electricity for LTAR Issues

Comment 9: Whether the Department Should Revise Its Electricity for 
LTAR Benchmark
Comment 10: Whether the Provision of Electricity for LTAR Is 
Specific

Miscellaneous Issues

Comment 11: Whether the Department Should Countervail OCTAL's Lease 
With Salalah Port Services Company SAOG (SPSC)
Comment 12: Whether The Department Should Have Investigated Other 
Potential Countervailable Subsidies

[FR Doc. 2016-05713 Filed 3-11-16; 8:45 am]
 BILLING CODE 3510-DS-P