Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2017-2018, 64460-64462 [2019-25375]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
POSCO.’’ 7 Because the Court remanded
Commerce’s Final Determination on
these bases, it did not address whether
the agency corroborated the AFA rates
at issue.8
Shortly thereafter, POSCO filed a
motion for reconsideration of the
Court’s opinion. In its Reconsideration
Order,9 the Court concluded that
‘‘Commerce did not provide any
additional explanation of how it
determined that there was no identical
program before moving to the second
step of its AFA methodology—using the
rate in another investigation—and, thus,
did not make the requisite factual
findings to address POSCO’s contention
that the {Industrial Technology
Innovation Promotion Act} grant was an
identical program in the proceeding.’’ 10
Accordingly, it further remanded the
Final Determination to Commerce for
consideration of this issue.
Pursuant to the Remand Order and
Reconsideration Order, Commerce
issued its Final Redetermination, which
addressed the Court’s holdings and
revised the net countervailable subsidy
rate assigned to POSCO to 3.72
percent.11 On November 8, 2019, the
Court sustained Commerce’s Final
Redetermination and entered final
judgment.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
United States Court of Appeals for the
Federal Circuit held that, pursuant to
sections 516A(e) of the Act, Commerce
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Commerce determination, and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s November 8, 2019, judgment
sustaining Commerce’s Final
Redetermination constitutes a final
decision of that court, which is not in
harmony with Commerce’s Final
Determination. This notice is published
in fulfillment of the publication
requirements of Timken. Commerce will
continue the suspension of liquidation
of the subject merchandise at issue
7 Id.
at 1374 and 1383.
at 1383 n.15.
9 See POSCO v. United States, 382 F. Supp. 3d
1346 (CIT 2019) (Reconsideration Order).
10 Id. at 1349.
11 See Final Results of Redetermination Pursuant
to Court Order, Consol. Court No. 17–00137, dated
July 1, 2019 (Final Redetermination).
12 See POSCO v. United States, Slip Op. 18–169,
Consol. Ct. No. 17–00137 (CIT 2018).
13 See Timken Co. v. United States, 893 F. 2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F. 3d 1374 (Fed. Cir. 20 10)
(Diamond Sawblades).
khammond on DSKJM1Z7X2PROD with NOTICES
8 Id.
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Dated: November 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
pending a final and conclusive court
decision.
Amended Final Determination
Because there is now a final court
decision, Commerce is amending its
Final Determination with respect to the
net countervailable subsidy rate
assigned to POSCO. Additionally,
because the rate for all other producers/
exporters not individually investigated
was based on the net countervailable
subsidy rate calculated for POSCO,
Commerce is amending the all-others
rate.15 As previously indicated, in
accordance with the scope of the
underlying investigation, this
application of POSCO’s subsidy rate to
all other producers/exporters applies
only to subject CTL plate not within the
physical description of cut-to-length
carbon quality steel plate in the 1999
Korea CVD Order.16 The revised net
countervailable subsidy rates for
POSCO, and all other producers/
exporters not individually investigated
for the period January 1, 2015, through
December 31, 2015, are as follows:
Producer/exporter
POSCO .......................................
All Others ....................................
Subsidy
rate
(percent)
3.72
3.72
Cash Deposit Requirements
Because POSCO does not have a
superseding cash deposit rate, i.e., there
have been no final results published in
a subsequent administrative review for
POSCO, Commerce will issue revised
cash deposit instructions to U.S.
Customs and Border Protection (CBP).
Effective November 18, 2019, the cash
deposit rate applicable to entries of
subject merchandise exported by
POSCO is 3.72 percent. Similarly,
Commerce will also instruct CBP to
collect cash deposits for companies
covered by the all-others cash deposit
rate according to the table above,
effective November 18, 2019.
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e)(1), 705(c)(1)(B), and 777(i)(1) of the
Act.
15 See
Final Determination, 82 FR at 16342.
id. n.10 (citing Final Affirmative
Countervailing Duty Determination: Certain Cut-toLength Carbon-Quality Steel Plate from the
Republic of Korea, 64 FR 6587 (December 29, 1999),
as amended, 65 FR 6587 (February 10, 2000) (1999
Korea CVD Order)).
16 See
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[FR Doc. 2019–25392 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that OCTAL
SAOC–FZC (OCTAL) did not make sales
of polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman
(Oman) at less than normal value during
the period of review (POR), May 1, 2017
through April 30, 2018.
SUMMARY:
DATES:
Applicable November 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2019, Commerce
published the Preliminary Results of the
2017–2018 antidumping duty (AD)
administrative review of PET resin from
Oman.1 On August 19, 2019, DAK
Americas, LLC, Indorama Ventures
USA, Inc., and Nan Ya Plastics
Corporation, America (petitioners)
requested that Commerce conduct a
hearing in this proceeding.2 On August
20, 2019, we received a case brief from
the petitioners and on August 30, 2019,
we received a rebuttal brief from
1 See Polyethylene Terephthalate Resin from the
Sultanate of Oman: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 34343 (July 18, 2019) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Resin from the Sultanate of Oman—
Petitioners’ Request for Hearing,’’ dated August 19,
2019.
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
OCTAL.3 On October 3, 2019, we held
a public hearing.4
Scope of the Order
The merchandise covered by this
order is PET resin having an intrinsic
viscosity of at least 0.70, but not more
than 0.88, deciliters per gram. The
merchandise subject to this order is
properly classified under subheadings
3907.60.00.30, 3907.61.0000,
3907.61.0010, 3907.61.0050,
3907.69.0000, 3907.69.0010, and
3907.69.0050 of the Harmonized Tariff
Schedule of the United States
(HTSUS).5 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this order is dispositive. For
a complete description of the scope of
the order, see the Issues and Decision
Memorandum (IDM).6
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM, which is hereby adopted by
this notice. A list of the issues raised is
attached to this notice as an Appendix.
The IDM 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 https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the IDM
3 See Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Resin from the Sultanate of Oman:
Petitioners’ Case Brief,’’ dated August 20, 2019’; see
also OCTAL’s Rebuttal Brief, ‘‘OCTAL’s Rebuttal
Brief: Polyethylene Terephthalate Resin (PET) from
the Sultanate of Oman,’’ dated August 30, 2019.
4 See Memorandum, ‘‘2017–2018 Antidumping
Duty Administrative Review of Polyethylene
Terephthalate Resin from the Sultanate of Oman:
Hearing Schedule,’’ dated September 25, 2019; see
also Public Hearing Transcript dated October 10,
2019.
5 On January 27, 2017, Commerce added HTS
numbers 3907.61.0000 and 3907.69.0000 to the
Case Reference File. See Memorandum, ‘‘Request
from Customs and Border Protection to Update the
ACE Case Reference File: Polyethylene
Terephthalate Resin form the Sultanate of Oman
(A–523–810),’’ dated January 31, 2017. Further, on
February 28, 2019, Commerce added HTS numbers
3907.61.0010, 3907.61.0050, 3907.69.0010, and
3907.69.0050 to the Case Reference File. See
Memorandum, ‘‘Request from U.S. Customs and
Border Protection to Update the ACE Case
Reference File: Polyethylene Terephthalate Resin
form the Sultanate of Oman (A–523–810),’’ dated
February 28, 2019.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Resin
from the Sultanate of Oman,’’ dated concurrently
with, and hereby adopted by, this notice.
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Jkt 250001
can be accessed directly at https://
enforcement.trade.gov/frn/.
The signed IDM and the electronic
version of the IDM are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties, we made no revisions to the
preliminary dumping margin
calculations for OCTAL.
Final Results of the Administrative
Review
We have determined that the
following weighted-average dumping
margin exists for the firm listed below
for the period May 1, 2017 through
April 30, 2018:
64461
company-specific rate published for the
most recent period; (3) if the exporter
was not covered in this review, a prior
review, or the investigation, but the
producer was, the cash deposit rate will
be the rate established in the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 7.62
percent ad valorem, the all-others rate
established in the investigation.7 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
Weighted- under 19 CFR 351.402(f) to file a
average
certificate regarding the reimbursement
Exporter\producer
dumping
of AD duties prior to liquidation of the
margin
(percent)
relevant entries during the POR. Failure
to comply with this requirement could
OCTAL SAOC–FZC ...................
0.00
result in Commerce’s presumption that
reimbursement of AD duties occurred
Assessment Rates
and the subsequent assessment of
Pursuant to section 751(a)(2)(A) of the doubled AD duties.
Tariff Act of 1930, as amended (the Act),
Administrative Protective Order
and 19 CFR 351.212(b)(1), Commerce
This notice also serves as a reminder
will determine, and U.S. Customs and
to parties subject to administrative
Border Protections (CBP) shall assess,
protective orders (APO) of their
AD duties on all appropriate entries of
subject merchandise in accordance with responsibility concerning the return or
destruction of proprietary information
the final results of this review. Because
disclosed under APO in accordance
OCTAL’s weighted-average dumping
margin is zero percent, we will instruct
with 19 CFR 351.305(a)(3). Timely
CBP to liquidate the appropriate entries written notification of the return or
without regard to AD duties.
destruction of APO materials, or
For POR entries of subject
conversion to judicial protective order,
merchandise produced by OCTAL for
is hereby requested. Failure to comply
which it did not know the merchandise
with the regulations and the terms of an
was destined for the United States, we
APO is a sanctionable violation.
will instruct CBP to liquidate these
unreviewed entries at the all-others rate Notification to Interested Parties
We are issuing and publishing this
if there is no rate for the intermediate
notice in accordance with sections
company(ies) involved in the
751(a)(1) and 777(i) of the Act and 19
transaction. We intend to issue
CFR 351.221(b)(5).
liquidation instructions to CBP 15 days
after publication of the final results of
Dated: November 15, 2019.
this review.
Jeffrey I. Kessler,
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review in the Federal
Register for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the
notice, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for
OCTAL is zero percent; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the final
PO 00000
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Sfmt 4703
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
7 See 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, 81 FR
27979 (May 6, 2016).
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
V. Discussion of the Issues
Comment 1: Whether to Apply Total
Adverse Facts Available
VI. Recommendation
[FR Doc. 2019–25375 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857]
Oil Country Tubular Goods From India:
Final Results and No Shipments
Determination of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that GVN
Fuels, Ltd. (GVN) had no shipments of
subject merchandise during the period
of review (POR) September 1, 2017
through August 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Charlotte Baskin-Gerwitz, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4880.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On August 13, 2019, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results, but we received
no comments. Accordingly, we made no
changes to the Preliminary Results for
purposes of these final results.
Scope of the Order
The merchandise covered by the order
is certain oil country tubular goods
(OCTG), which are hollow steel
products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
1 See Oil Country Tubular Goods from India:
Preliminary No Shipments Determination of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 40028 (August 13, 2019) (Preliminary
Results).
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16:57 Nov 21, 2019
Jkt 250001
protectors are attached. The scope of the
order also covers OCTG coupling stock.
Excluded from the scope of the order
are: Casing or tubing containing 10.5
percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise subject to the order
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the order
may also enter under the following
HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55,
7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the order is dispositive.
Final Determination of No Shipments
Commerce preliminarily determined
that GVN had no shipments of subject
merchandise during the POR.2 As we
received no comments concerning our
2 Id.
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Sfmt 4703
preliminary determination, we continue
to find that GVN had no shipments of
subject merchandise during the POR.3
Consistent with our practice, we will
issue appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on these final results.4
Assessment Rates
We have calculated no assessment
rates in this administrative review.
Pursuant to Commerce’s assessment
practice, because we have determined
that GVN had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
all-others rate. Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of these final results.
Cash Deposit Requirements
As a result of this administrative
review, there are no changes to the
existing cash deposit requirements,
which shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
3 Because Commerce did not modify its analysis
from that presented in the Preliminary Results, no
decision memorandum accompanies this Federal
Register notice.
4 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
E:\FR\FM\22NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64460-64462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25375]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Final Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that OCTAL
SAOC-FZC (OCTAL) did not make sales of polyethylene terephthalate resin
(PET resin) from the Sultanate of Oman (Oman) at less than normal value
during the period of review (POR), May 1, 2017 through April 30, 2018.
DATES: Applicable November 22, 2019.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2019, Commerce published the Preliminary Results of the
2017-2018 antidumping duty (AD) administrative review of PET resin from
Oman.\1\ On August 19, 2019, DAK Americas, LLC, Indorama Ventures USA,
Inc., and Nan Ya Plastics Corporation, America (petitioners) requested
that Commerce conduct a hearing in this proceeding.\2\ On August 20,
2019, we received a case brief from the petitioners and on August 30,
2019, we received a rebuttal brief from
[[Page 64461]]
OCTAL.\3\ On October 3, 2019, we held a public hearing.\4\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Resin from the Sultanate of
Oman: Preliminary Results of Antidumping Duty Administrative Review;
2017-2018, 84 FR 34343 (July 18, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin
from the Sultanate of Oman--Petitioners' Request for Hearing,''
dated August 19, 2019.
\3\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin
from the Sultanate of Oman: Petitioners' Case Brief,'' dated August
20, 2019'; see also OCTAL's Rebuttal Brief, ``OCTAL's Rebuttal
Brief: Polyethylene Terephthalate Resin (PET) from the Sultanate of
Oman,'' dated August 30, 2019.
\4\ See Memorandum, ``2017-2018 Antidumping Duty Administrative
Review of Polyethylene Terephthalate Resin from the Sultanate of
Oman: Hearing Schedule,'' dated September 25, 2019; see also Public
Hearing Transcript dated October 10, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is PET resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88,
deciliters per gram. The merchandise subject to this order is properly
classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010,
3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the
Harmonized Tariff Schedule of the United States (HTSUS).\5\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise covered by this
order is dispositive. For a complete description of the scope of the
order, see the Issues and Decision Memorandum (IDM).\6\
---------------------------------------------------------------------------
\5\ On January 27, 2017, Commerce added HTS numbers 3907.61.0000
and 3907.69.0000 to the Case Reference File. See Memorandum,
``Request from Customs and Border Protection to Update the ACE Case
Reference File: Polyethylene Terephthalate Resin form the Sultanate
of Oman (A-523-810),'' dated January 31, 2017. Further, on February
28, 2019, Commerce added HTS numbers 3907.61.0010, 3907.61.0050,
3907.69.0010, and 3907.69.0050 to the Case Reference File. See
Memorandum, ``Request from U.S. Customs and Border Protection to
Update the ACE Case Reference File: Polyethylene Terephthalate Resin
form the Sultanate of Oman (A-523-810),'' dated February 28, 2019.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Polyethylene Terephthalate Resin from the
Sultanate of Oman,'' dated concurrently with, and hereby adopted by,
this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the IDM, which is hereby
adopted by this notice. A list of the issues raised is attached to this
notice as an Appendix. The IDM 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 https://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Commerce building.
In addition, a complete version of the IDM can be accessed directly at
https://enforcement.trade.gov/frn/. The signed IDM and the
electronic version of the IDM are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made no revisions to the preliminary dumping
margin calculations for OCTAL.
Final Results of the Administrative Review
We have determined that the following weighted-average dumping
margin exists for the firm listed below for the period May 1, 2017
through April 30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter\producer dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC.............................................. 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, AD duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. Because OCTAL's weighted-average
dumping margin is zero percent, we will instruct CBP to liquidate the
appropriate entries without regard to AD duties.
For POR entries of subject merchandise produced by OCTAL for which
it did not know the merchandise was destined for the United States, we
will instruct CBP to liquidate these unreviewed entries at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction. We intend to issue liquidation
instructions to CBP 15 days after publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review in
the Federal Register for all shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the notice, as provided by section 751(a)(2) of the Act:
(1) The cash deposit rate for OCTAL is zero percent; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the final company-specific rate published for
the most recent period; (3) if the exporter was not covered in this
review, a prior review, or the investigation, but the producer was, the
cash deposit rate will be the rate established in the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.62 percent ad valorem, the all-others
rate established in the investigation.\7\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ See 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, 81 FR 27979 (May 6, 2016).
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Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of AD duties prior to liquidation of the relevant
entries during the POR. Failure to comply with this requirement could
result in Commerce's presumption that reimbursement of AD duties
occurred and the subsequent assessment of doubled AD duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
[[Page 64462]]
V. Discussion of the Issues
Comment 1: Whether to Apply Total Adverse Facts Available
VI. Recommendation
[FR Doc. 2019-25375 Filed 11-21-19; 8:45 am]
BILLING CODE 3510-DS-P
