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]
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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]
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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
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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).
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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.
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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
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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
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16 See
section 777A(f) of the Act.
Canada Prelim; PRC Prelim; India Prelim;
and Oman Prelim.
17 See
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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
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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
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21:08 May 05, 2016
Jkt 238001
currently in effect at https://
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).
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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]
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]]>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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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'').
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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\
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\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.
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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 https://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
