Certain Polyethylene Terephthalate Resin From Canada, the People's Republic of China, India, and the Sultanate of Oman: Amended Final Affirmative Antidumping Determination (Sultanate of Oman) and Antidumping Duty Orders, 27979-27982 [2016-10762]

Download as PDF Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department’s discontinuation, effective December 12, 2015, of the suspension of liquidation. Suspension of Liquidation In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation of PET resin from India and the PRC, effective the date of publication of the ITC’s notice of final determinations in the Federal Register, and to assess, upon further instruction by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC’s final injury determinations in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below: Subsidy rate (percent) Exporter/producer from India Dhunseri Petrochem Ltd. (formerly Dhunseri Petrochem and Tea Ltd) (collectively, Dhunseri) ........................................................ JBF Industries Limited ......................................................................................................................................................................... All-Others ............................................................................................................................................................................................. Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co., Ltd., Jiangyin Hailun Petrochemicals Co., Ltd., Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin Huasheng Polymer Co., Ltd., Jiangsu SanFangxiang International Trading Co., Ltd., Jiangyin HuaYi Polymerization Co., Ltd., Jiangyin Xingsheng Plastic Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical Fiber Co., Ltd., (collectively, Xingyu) ................ Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu Petrochemicals Co., Ltd.; Xianglu Petrochemicals (Zhangzhou) Co. Ltd.; Xiamen Xianglu Chemical Fiber Company Limited; and Dragon Aromatics (Zhangzhou) Co., Ltd. (collectively, Dragon Group) All-Others ............................................................................................................................................................................................. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Notifications to Interested Parties This notice constitutes the countervailing duty orders with respect to PET resin from India and the PRC pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room B8024 of the main Commerce Building, for copies of an updated list of countervailing duty orders currently in effect. These orders are issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: May 3, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–10761 Filed 5–5–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 5.12 153.80 5.12 Amended subsidy rate (percent) Exporter/producer from the PRC Critical Circumstances With regard to the ITC’s negative critical circumstances determination on imports of PET resin from India, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after May 16, 2015 (i.e., 90 days prior to the date of the publication of the CVD Preliminary Determination), but before August 14, 2015 (i.e., the date of publication of the CVD Preliminary Determination). 27979 7.53 47.56 27.55 482–2924 (India), or Jonathan Hill at (202) 482–3518 (Oman), AD/CVD International Trade Administration Operations, Enforcement and Compliance, International Trade [A–122–855, A–533–861, A–523–810, A–570– Administration, U.S. Department of 024] Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. Certain Polyethylene Terephthalate Resin From Canada, the People’s SUPPLEMENTARY INFORMATION: Republic of China, India, and the Background Sultanate of Oman: Amended Final Affirmative Antidumping Determination In accordance with sections 735(d) (Sultanate of Oman) and Antidumping and 777(i)(1) of the Tariff Act of 1930, Duty Orders as amended (the ‘‘Act’’), and 19 CFR 351.210(c), on March 14, 2016, the AGENCY: Enforcement and Compliance, Department published its affirmative International Trade Administration, final determinations in the LTFV Department of Commerce. investigations of certain PET resin from SUMMARY: Based on affirmative final Canada, the PRC, India, and Oman.1 On determinations by the Department of March 14, 2016, the Department Commerce (the ‘‘Department’’) and the received a timely allegation from International Trade Commission (the OCTAL SAOC—FZC (‘‘OCTAL’’) that ‘‘ITC’’), the Department is issuing the Department made ministerial errors antidumping duty orders on certain in the final determination in the AD polyethylene terephthalate (‘‘PET’’) resin from Canada, the People’s 1 See Certain Polyethylene Terephthalate Resin Republic of China (‘‘PRC’’), India, and from Canada: Final Determination of Sales at Less Than Fair Value, 81 FR 13319 (March 14, 2016) the Sultanate of Oman (‘‘Oman’’). In (‘‘Canada Final’’); Certain Polyethylene addition, as a result of a ministerial Terephthalate Resin from the People’s Republic of error, the Department is amending its China: Final Determination of Sales at Less Than final determination of sales at less-than- Fair Value, 81 FR 13331 (March 14, 2016) (‘‘PRC Final’’); Certain Polyethylene Terephthalate Resin fair-value (‘‘LTFV’’) with regard to PET from India: Final Determination of Sales at Less resin from Oman. Than Fair Value and Final Affirmative DATES: Effective May 6, 2016. Determination of Critical Circumstances, 81 FR 13327 (March 14, 2016) (‘‘India Final’’); and Certain FOR FURTHER INFORMATION CONTACT: Polyethylene Terephthalate Resin from the Karine Gziryan at (202) 482–4081 Sultanate of Oman: Final Determination of Sales at (Canada), Steve Bezirganian at (202) Less Than Fair Value, 81 FR 13336 (March 14, 2016) (‘‘Oman Final’’). 482–1131 (PRC), Fred Baker at (202) DEPARTMENT OF COMMERCE PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\06MYN2.SGM 06MYN2 27980 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices investigation of PET resin from Oman.2 The Department analyzed OCTAL’s comments and determined that ministerial errors exist, as defined by section 735(e) of the Act and 19 CFR 351.224(f). See ‘‘Amendment to Oman Final Determination’’ section below for further discussion. On April 28, 2016, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of certain PET resin from Canada, India, the PRC, and Oman and its determination that critical circumstances do not exist with respect to imports of subject merchandise from India 3 that are subject to the Department’s affirmative critical circumstances finding.4 Scope of the Orders The merchandise covered by these orders is 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 these orders 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 covered by these orders is dispositive. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Amendment to Oman Final Determination On March 14, 2016, OCTAL submitted an allegation claiming that the Department made a ministerial error 2 See Letter from OCTAL, ‘‘OCTAL’s Request to Correct Ministerial Errors in Final Determination Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,’’ dated March 14, 2016. 3 No critical circumstances were alleged with respect to imports of subject merchandise from Canada, the PRC, or Oman. 4 See Letter to Christian Marsh, Deputy Assistant Secretary of Commerce for Enforcement and Compliance, from Meredith Broadbent, Chairman of the U.S. International Trade Commission, regarding certain polyethylene terephthalate resin from Canada, China, India, and Oman (April 28, 2016) (‘‘ITC Letter’’); see also Certain Polyethylene Terephthalate Resin from Canada, China, India, and Oman, USITC Investigation Nos. 701–TA–531– 532 and 731–TA–1270–1273 (Final), USITC Publication 4604 (April 2016). VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 because its comparison market program failed to recognize the gross unit prices for all home market sales transactions invoiced in United States Dollars (‘‘USD’’).5 A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.6 The Department reviewed the record and agrees that the error referenced in OCTAL’s allegation constitutes a ministerial error within the meaning of 19 CFR 351.224(f).7 Specifically, the Department inadvertently omitted from its price comparisons the gross unit prices reported in the comparison market database for sales transactions in which the gross unit price was reported in USD.8 As a result of this omission, normal value (‘‘NV’’) was not calculated for all of OCTAL’s comparison market sales transactions and thus, a comparison between U.S. sales prices and NVs using all appropriate NVs was not made.9 Accordingly, because NV was not calculated for all comparison market sales, the Department is revising the comparison market programing language in a manner which will result in the program recognizing the gross unit prices of sales transactions for which the gross unit price was reported in USD.10 Pursuant to 19 CFR 351.224(f), the Department is amending the Oman Final to reflect the correction of the ministerial error described above. Based on our correction, OCTAL’s weighted-average dumping margin decreased from 7.82 percent to 7.62 percent. In addition, because the ‘‘allothers’’ rate is based on OCTAL’s dumping margin, the Department has revised the all-others rate in this amended final determination accordingly.11 Antidumping Duty Orders As stated above, on April 28, 2016, in accordance with section 735(d) of the Act, the ITC notified the Department of 5 See Letter from OCTAL to the Secretary of Commerce ‘‘OCTAL’s Request to Correct Ministerial Errors in Final Determination Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,’’ dated March 14, 2016. 6 See section 735(e) of the Act. 7 See Final Determination in the Antidumping Duty Investigation of Certain Polyethylene Terephthalate Resin from the Sultanate of Oman: Ministerial Error Memorandum,’’ dated April 4, 2016. 8 Id. 9 Id. 10 Id. 11 See the ‘‘Estimated Weighted-Average Dumping Margins’’ section below. PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of certain PET resin from Canada, the PRC, India, and Oman and that critical circumstances do not exist with respect to imports of subject merchandise from India that are subject to the Department’s affirmative critical circumstances finding.12 Therefore, in accordance with section 735(c)(2) of the Act, the Department is issuing these antidumping duty orders. Because the ITC determined that imports of certain PET resin from Canada, the PRC, India, and Oman are materially injuring a U.S. industry, unliquidated entries of such merchandise from Canada, the PRC, India, and Oman, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the NV of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of certain PET resin from Canada, the PRC, India, and Oman. Antidumping duties will be assessed on unliquidated entries of certain PET resin from Canada, the PRC, India, and Oman entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, the date of publication of the preliminary determinations,13 but will not include entries occurring after the expiration of the provisional measures period and before publication of the 12 See ITC Letter. Certain Polyethylene Terephthalate Resin from Canada: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 62019 (October 15, 2015) (‘‘Canada Prelim’’); Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 62024 (October 15, 2015) (‘‘PRC Prelim’’), as corrected by Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Notice of Correction to Preliminary Affirmative Less Than Fair Value Determination, 80 FR 69643 (November 10, 2015); 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, 80 FR 62029 (October 15, 2015) (‘‘India Prelim’’); and 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) (‘‘Oman Prelim’’). 13 See E:\FR\FM\06MYN2.SGM 06MYN2 27981 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices ITC’s final injury determination as further described below. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation on all relevant entries of certain PET resin from Canada, the PRC, India, and Oman. These instructions suspending liquidation will remain in effect until further notice. The Department will also instruct CBP to require cash deposits equal to the amounts as indicated below, which are adjusted for certain countervailable subsidies, where appropriate, as described below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the cash deposit rates listed below.14 The relevant all-others rates apply to all producers or exporters not specifically listed. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from the PRC and India have been adjusted, as appropriate, for export subsidies found in the final determinations of the companion countervailing duty investigations of this merchandise imported from the PRC and India.15 Regarding the cash deposit rates for subject merchandise from the PRC, estimated weighted-average dumping margins were also adjusted, where appropriate, for estimated domestic subsidy pass-through.16 Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of certain PET resin from Canada, the PRC, India, and Oman, the Department extended the four-month period to six months in each case.17 In the underlying investigations, the Department published the preliminary determinations on October 15, 2015. Therefore, the extended period, beginning on the date of publication of the preliminary determination, ended on April 11, 2016. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of certain PET resin from Canada, the PRC, India, and Oman entered, or withdrawn from warehouse, for consumption after April 11, 2016, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. Critical Circumstances With regard to the ITC’s negative critical circumstances determination on imports of subject merchandise from India, the Department will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after July 17, 2015 (i.e., 90 days prior to the date of publication of the India Prelim), but before October 15, 2015, (i.e., the date of publication of the India Prelim). Estimated Weighted-Average Dumping Margins The weighted-average antidumping duty margin percentages and cash deposit rates are as follows: Weightedaverage dumping margin (percent) Exporter or producer Canada: Selenis Canada ................................................................................................................................................ All-Others .......................................................................................................................................................... India: Dhunseri Petrochem, Ltd .................................................................................................................................. Ester Industries, Ltd ......................................................................................................................................... JBF Industries, Ltd ........................................................................................................................................... Reliance Industries, Ltd .................................................................................................................................... All-Others .......................................................................................................................................................... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Producer PRC: Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited. Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited. 14 See section 736(a)(3) of the Act. PRC Final and India Final. See also section 772(c)(1)(C) of the Act. 15 See VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 16 See section 777A(f) of the Act. Canada Prelim; PRC Prelim; India Prelim; and Oman Prelim. 17 See PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\06MYN2.SGM 13.60 13.60 13.60 13.60 19.41 14.23 19.41 8.03 11.13 14.31 9.31 0.00 2.93 6.03 Weightedaverage dumping margin (percent) Exporter 06MYN2 Cash deposit rate (percent) 104.98 Cash deposit rate (percent) 18 99.29 27982 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices Exporter Weightedaverage dumping margin (percent) Producer Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. Dragon Special Resin (XIAMEN) Co., Ltd ............ Hainan Yisheng Petrochemical Co., Ltd. .............. Shanghai Hengyi Polyester Fiber Co., Ltd ........... Zhejiang Wankai New Materials Co., Ltd ............. PRC-Wide Entity ................................................... Cash deposit rate (percent) 18 Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. 118.32 114.15 Dragon Special Resin (XIAMEN) Co., Ltd ................... Hainan Yisheng Petrochemical Co., Ltd ...................... Shanghai Hengyi Polyester Fiber Co., Ltd ................... Zhejiang Wankai New Materials Co., Ltd ..................... 114.47 114.47 114.47 114.47 126.58 100.85 105.70 105.70 105.70 125.75 18 Certain PRC cash deposit rates have changed since the PRC Final to reflect certain changes to the subsidy rates in the amended final determination of the companion countervailing duty investigation. See Memorandum from Tyler Weinhold, International Trade Analyst, AD/CVD Operations, Office VI and Steve Bezirganian, International Trade Analyst, AD/CVD Operations, Office VI to Robert James, Program Manager, AD/ CVD Operations, Office VI ‘‘Certain Polyethylene Terephthalate Resin from the People’s Republic of China: Adjustment to Final Double Remedies Calculations to Account for Corrections of Ministerial Errors in the Companion Countervailing Duty Investigation,’’ dated concurrently with this notice. Weightedaverage dumping margin (percent) Exporter or producer Oman: OCTAL SAOC–FZC ......................................................................................................................................... All-Others .......................................................................................................................................................... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS This notice constitutes the antidumping duty orders with respect to certain PET resin from Canada, the PRC, India, and Oman pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders VerDate Sep<11>2014 21:08 May 05, 2016 Jkt 238001 currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 Cash deposit rate (percent) 7.62 7.62 Dated: May 3, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–10762 Filed 5–5–16; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06MYN2.SGM 06MYN2 7.62 7.62

Agencies

[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27979-27982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10762]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-855, A-533-861, A-523-810, A-570-024]


Certain Polyethylene Terephthalate Resin From Canada, the 
People's Republic of China, India, and the Sultanate of Oman: Amended 
Final Affirmative Antidumping Determination (Sultanate of Oman) and 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing antidumping duty orders on 
certain polyethylene terephthalate (``PET'') resin from Canada, the 
People's Republic of China (``PRC''), India, and the Sultanate of Oman 
(``Oman''). In addition, as a result of a ministerial error, the 
Department is amending its final determination of sales at less-than-
fair-value (``LTFV'') with regard to PET resin from Oman.

DATES: Effective May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 
(Canada), Steve Bezirganian at (202) 482-1131 (PRC), Fred Baker at 
(202) 482-2924 (India), or Jonathan Hill at (202) 482-3518 (Oman), 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: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.210(c), on March 14, 
2016, the Department published its affirmative final determinations in 
the LTFV investigations of certain PET resin from Canada, the PRC, 
India, and Oman.\1\ On March 14, 2016, the Department received a timely 
allegation from OCTAL SAOC--FZC (``OCTAL'') that the Department made 
ministerial errors in the final determination in the AD

[[Page 27980]]

investigation of PET resin from Oman.\2\ The Department analyzed 
OCTAL's comments and determined that ministerial errors exist, as 
defined by section 735(e) of the Act and 19 CFR 351.224(f). See 
``Amendment to Oman Final Determination'' section below for further 
discussion.
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin from Canada: 
Final Determination of Sales at Less Than Fair Value, 81 FR 13319 
(March 14, 2016) (``Canada Final''); Certain Polyethylene 
Terephthalate Resin from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 81 FR 13331 (March 
14, 2016) (``PRC Final''); Certain Polyethylene Terephthalate Resin 
from India: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, 81 FR 
13327 (March 14, 2016) (``India Final''); and Certain Polyethylene 
Terephthalate Resin from the Sultanate of Oman: Final Determination 
of Sales at Less Than Fair Value, 81 FR 13336 (March 14, 2016) 
(``Oman Final'').
    \2\ See Letter from OCTAL, ``OCTAL's Request to Correct 
Ministerial Errors in Final Determination Certain Polyethylene 
Terephthalate (PET) Resin from the Sultanate of Oman,'' dated March 
14, 2016.
---------------------------------------------------------------------------

    On April 28, 2016, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of certain PET resin from Canada, 
India, the PRC, and Oman and its determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from India \3\ that are subject to the Department's 
affirmative critical circumstances finding.\4\
---------------------------------------------------------------------------

    \3\ No critical circumstances were alleged with respect to 
imports of subject merchandise from Canada, the PRC, or Oman.
    \4\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
certain polyethylene terephthalate resin from Canada, China, India, 
and Oman (April 28, 2016) (``ITC Letter''); see also Certain 
Polyethylene Terephthalate Resin from Canada, China, India, and 
Oman, USITC Investigation Nos. 701-TA-531-532 and 731-TA-1270-1273 
(Final), USITC Publication 4604 (April 2016).
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Scope of the Orders

    The merchandise covered by these orders is 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 these orders 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 covered by these orders is dispositive.

Amendment to Oman Final Determination

    On March 14, 2016, OCTAL submitted an allegation claiming that the 
Department made a ministerial error because its comparison market 
program failed to recognize the gross unit prices for all home market 
sales transactions invoiced in United States Dollars (``USD'').\5\ A 
ministerial error is defined as an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.\6\
---------------------------------------------------------------------------

    \5\ See Letter from OCTAL to the Secretary of Commerce ``OCTAL's 
Request to Correct Ministerial Errors in Final Determination Certain 
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,'' 
dated March 14, 2016.
    \6\ See section 735(e) of the Act.
---------------------------------------------------------------------------

    The Department reviewed the record and agrees that the error 
referenced in OCTAL's allegation constitutes a ministerial error within 
the meaning of 19 CFR 351.224(f).\7\ Specifically, the Department 
inadvertently omitted from its price comparisons the gross unit prices 
reported in the comparison market database for sales transactions in 
which the gross unit price was reported in USD.\8\ As a result of this 
omission, normal value (``NV'') was not calculated for all of OCTAL's 
comparison market sales transactions and thus, a comparison between 
U.S. sales prices and NVs using all appropriate NVs was not made.\9\ 
Accordingly, because NV was not calculated for all comparison market 
sales, the Department is revising the comparison market programing 
language in a manner which will result in the program recognizing the 
gross unit prices of sales transactions for which the gross unit price 
was reported in USD.\10\ Pursuant to 19 CFR 351.224(f), the Department 
is amending the Oman Final to reflect the correction of the ministerial 
error described above. Based on our correction, OCTAL's weighted-
average dumping margin decreased from 7.82 percent to 7.62 percent. In 
addition, because the ``all-others'' rate is based on OCTAL's dumping 
margin, the Department has revised the all-others rate in this amended 
final determination accordingly.\11\
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    \7\ See Final Determination in the Antidumping Duty 
Investigation of Certain Polyethylene Terephthalate Resin from the 
Sultanate of Oman: Ministerial Error Memorandum,'' dated April 4, 
2016.
    \8\ Id.
    \9\ Id.
    \10\ Id.
    \11\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
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Antidumping Duty Orders

    As stated above, on April 28, 2016, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of certain PET resin from Canada, the PRC, India, and Oman and 
that critical circumstances do not exist with respect to imports of 
subject merchandise from India that are subject to the Department's 
affirmative critical circumstances finding.\12\ Therefore, in 
accordance with section 735(c)(2) of the Act, the Department is issuing 
these antidumping duty orders. Because the ITC determined that imports 
of certain PET resin from Canada, the PRC, India, and Oman are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Canada, the PRC, India, and Oman, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
---------------------------------------------------------------------------

    \12\ See ITC Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the NV of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of certain PET resin from Canada, the PRC, India, and 
Oman. Antidumping duties will be assessed on unliquidated entries of 
certain PET resin from Canada, the PRC, India, and Oman entered, or 
withdrawn from warehouse, for consumption on or after October 15, 2015, 
the date of publication of the preliminary determinations,\13\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the

[[Page 27981]]

ITC's final injury determination as further described below.
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    \13\ See Certain Polyethylene Terephthalate Resin from Canada: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 80 FR 62019 (October 
15, 2015) (``Canada Prelim''); Certain Polyethylene Terephthalate 
Resin From the People's Republic of China: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 80 FR 62024 (October 15, 2015) (``PRC Prelim''), as 
corrected by Certain Polyethylene Terephthalate Resin From the 
People's Republic of China: Notice of Correction to Preliminary 
Affirmative Less Than Fair Value Determination, 80 FR 69643 
(November 10, 2015); 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, 80 FR 62029 
(October 15, 2015) (``India Prelim''); and 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) 
(``Oman Prelim'').
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of certain PET resin from Canada, the PRC, India, and Oman. 
These instructions suspending liquidation will remain in effect until 
further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below, which are adjusted for certain 
countervailable subsidies, where appropriate, as described below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the cash deposit rates listed 
below.\14\ The relevant all-others rates apply to all producers or 
exporters not specifically listed. For the purpose of determining cash 
deposit rates, the estimated weighted-average dumping margins for 
imports of subject merchandise from the PRC and India have been 
adjusted, as appropriate, for export subsidies found in the final 
determinations of the companion countervailing duty investigations of 
this merchandise imported from the PRC and India.\15\ Regarding the 
cash deposit rates for subject merchandise from the PRC, estimated 
weighted-average dumping margins were also adjusted, where appropriate, 
for estimated domestic subsidy pass-through.\16\
---------------------------------------------------------------------------

    \14\ See section 736(a)(3) of the Act.
    \15\ See PRC Final and India Final. See also section 
772(c)(1)(C) of the Act.
    \16\ See section 777A(f) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain PET resin from Canada, the PRC, India, and Oman, 
the Department extended the four-month period to six months in each 
case.\17\ In the underlying investigations, the Department published 
the preliminary determinations on October 15, 2015. Therefore, the 
extended period, beginning on the date of publication of the 
preliminary determination, ended on April 11, 2016. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
---------------------------------------------------------------------------

    \17\ See Canada Prelim; PRC Prelim; India Prelim; and Oman 
Prelim.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, the Department will instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain PET resin from Canada, the PRC, India, 
and Oman entered, or withdrawn from warehouse, for consumption after 
April 11, 2016, the date on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from India, the 
Department will instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after July 17, 2015 (i.e., 90 
days prior to the date of publication of the India Prelim), but before 
October 15, 2015, (i.e., the date of publication of the India Prelim).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages and cash 
deposit rates are as follows:

------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Canada:
    Selenis Canada......................           13.60           13.60
    All-Others..........................           13.60           13.60
India:
    Dhunseri Petrochem, Ltd.............           19.41           14.31
    Ester Industries, Ltd...............           14.23            9.31
    JBF Industries, Ltd.................           19.41            0.00
    Reliance Industries, Ltd............            8.03            2.93
    All-Others..........................           11.13            6.03
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumping margin  rate (percent)
                                                                                     (percent)         \18\
----------------------------------------------------------------------------------------------------------------
PRC:
    Far Eastern Industries (Shanghai) Ltd. or   Far Eastern Industries                    104.98           99.29
     Oriental Industries (Suzhou) Limited.       (Shanghai) Ltd. or Oriental
                                                 Industries (Suzhou) Limited.

[[Page 27982]]

 
    Jiangyin Xingyu New Material Co., Ltd. or   Jiangyin Xingyu New Material              118.32          114.15
     Jiangsu Xingye Plastic Co., Ltd. or         Co., Ltd. or Jiangsu Xingye
     Jiangyin Xingjia Plastic Co., Ltd. or       Plastic Co., Ltd. or Jiangyin
     Jiangyin Xingtai New Material Co., Ltd.     Xingjia Plastic Co., Ltd. or
     or Jiangsu Xingye Polytech Co., Ltd.        Jiangyin Xingtai New Material
                                                 Co., Ltd. or Jiangsu Xingye
                                                 Polytech Co., Ltd.
    Dragon Special Resin (XIAMEN) Co., Ltd....  Dragon Special Resin (XIAMEN)             114.47          100.85
                                                 Co., Ltd.
    Hainan Yisheng Petrochemical Co., Ltd.....  Hainan Yisheng Petrochemical              114.47          105.70
                                                 Co., Ltd.
    Shanghai Hengyi Polyester Fiber Co., Ltd..  Shanghai Hengyi Polyester Fiber           114.47          105.70
                                                 Co., Ltd.
    Zhejiang Wankai New Materials Co., Ltd....  Zhejiang Wankai New Materials             114.47          105.70
                                                 Co., Ltd.
    PRC-Wide Entity...........................                                            126.58          125.75
----------------------------------------------------------------------------------------------------------------
\18\ Certain PRC cash deposit rates have changed since the PRC Final to reflect certain changes to the subsidy
  rates in the amended final determination of the companion countervailing duty investigation. See Memorandum
  from Tyler Weinhold, International Trade Analyst, AD/CVD Operations, Office VI and Steve Bezirganian,
  International Trade Analyst, AD/CVD Operations, Office VI to Robert James, Program Manager, AD/CVD Operations,
  Office VI ``Certain Polyethylene Terephthalate Resin from the People's Republic of China: Adjustment to Final
  Double Remedies Calculations to Account for Corrections of Ministerial Errors in the Companion Countervailing
  Duty Investigation,'' dated concurrently with this notice.


------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
          Exporter or producer            dumping margin  rate (percent)
                                             (percent)
------------------------------------------------------------------------
Oman:
    OCTAL SAOC-FZC......................            7.62            7.62
    All-Others..........................            7.62            7.62
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
certain PET resin from Canada, the PRC, India, and Oman pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10762 Filed 5-5-16; 8:45 am]
BILLING CODE 3510-DS-P