Polyethylene Terephthalate Sheet From the Sultanate of Oman: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 12513-12515 [2020-04346]
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
lotter on DSKBCFDHB2PROD with NOTICES
aluminum extrusions from China.1 On
May 6, 2019, in response to a request
from Air Master Awning LLC (Air
Master), Commerce initiated anticircumvention inquiries regarding the
Orders with respect to aluminum
window frame extrusions processed into
aluminum jalousie shutters (jalousie
shutters) in the Dominican Republic,
and also self-initiated a scope inquiry to
determine whether the jalousie shutters
at issue are merchandise covered by the
scope of the Orders.2 On May 24, 2019,
Commerce invited interested parties to
submit comments on whether the
jalousie shutters are merchandise
covered by the scope of the Orders.3 On
June 11, 2019, we received comments
from Aluvinsa Industrial SRL
(Aluvinsa), a Dominican producer and
exporter of jalousie shutters.4 In June
2019, we received comments 5 and
rebuttal comments 6 from Air Master.
We also received letters in support of
Air Master’s submission from the
Aluminum Extrusions Fair Trade
Committee (the petitioner).7 On October
15, 2019, Commerce issued a final scope
ruling, in which it determined that the
jalousie shutters processed in the
Dominican Republic from Chinese
1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011); and Aluminum Extrusions
from the People’s Republic of China: Countervailing
Duty Order, 76 FR 30653 (May 26, 2011)
(collectively, the Orders).
2 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Anti-Circumvention
and Scope Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 84 FR 19757 (May 6,
2019).
3 See Commerce’s Letter, ‘‘Aluminum Extrusions
from the People’s Republic of China: Initiation of
Scope Inquiries on Window Frame Extrusions,’’
dated May 24, 2019.
4 See Aluvinsa’s Letter, dated June 6, 2019. Due
to filing deficiencies in Aluvinsa’s submission, on
September 30, 2019, we requested that Aluvinsa
revise and resubmit its June 6, 2019, submission,
consistent with Commerce’s filing requirements.
Aluvinsa resubmitted its comments on October 2,
2019, but we rejected these comments from the
record because they contained new factual
information. On October 2, 2019, Commerce again
requested that Aluvinsa submit a revised version of
its June 6, 2019, submission. Aluvinsa made that
submission on October 8, 2019.
5 See Air Master’s Letter, ‘‘Aluminum Extrusions
from the People’s Republic of China, A–570–967
and C–570–968; Scope Inquiries on Window Frame
Extrusions,’’ dated June 13, 2019.
6 See Air Master’s Letter, ‘‘Aluminum Extrusions
from the People’s Republic of China, A–570–967
and C–570–968; Scope Inquiries on Window Frame
Extrusions; Rebuttal Comments of Air master
Awning LLC,’’ dated June 24, 2019.
7 See Petitioner’s Letters, ‘‘Aluminum Extrusions
from the People’s Republic of China: Letter in
Support of Air Master Awning LLC’s Comments in
Scope Inquiries on Window Frame Extrusions,’’
dated June 13, 2019, and ‘‘Aluminum Extrusions
from the People’s Republic of China: Letter in
Support of Air Master Awning LLC’s Rebuttal
Comments,’’ dated June 24, 2019.
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aluminum extrusions are merchandise
covered by the scope of the Orders.8
Rescission of Circumvention Inquiries
In its final scope ruling, Commerce
indicated that it intended to rescind the
anti-circumvention inquiries as moot.9
This determination is consistent with
what Commerce has previously stated to
be the purpose of an anti-circumvention
inquiry. Specifically, Commerce has
stated that ‘‘[t]he purpose of an anticircumvention inquiry . . . is to
determine whether a product that is
outside the scope should be included
within the scope because it was altered
in form or appearance in minor
respects.’’ 10 Because we have
determined that aluminum jalousie
shutters processed in the Dominican
Republic from aluminum extrusions
produced in China are merchandise
covered by the scope of the Orders, we
are rescinding the anti-circumvention
inquiries.
Notification Regarding Administrative
Protective Orders
This notice will serve as the only
reminder to all parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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
This notice and determinations are
issued and published in accordance
with section 781 of the Tariff Act of
1930, as amended, and 19 CFR 351.225.
Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
12513
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–813]
Polyethylene Terephthalate Sheet
From the Sultanate of Oman:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that polyethylene terephthalate sheet
(PET sheet) from the Sultanate of Oman
(Oman) is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation is July 1, 2018 through
June 30, 2019. Interested parties are
invited to comment on this preliminary
determination.
AGENCY:
DATES:
Applicable March 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2312.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 27, 2019.1 On December 17,
2019, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now February 25, 2020.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
[FR Doc. 2020–04345 Filed 3–2–20; 8:45 am]
BILLING CODE 3510–DS–P
8 See Memorandum, ‘‘Final Scope Ruling on the
Antidumping and Countervailing Duty Orders on
Aluminum Extrusions from the People’s Republic
of China: Aluminum Jalousie Shutters,’’ dated
October 15, 2019, at 20.
9 Id.
10 See Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610
(September 1, 2017), and accompanying Issues and
Decision Memorandum at Comment 1.
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1 See Polyethylene Terephthalate Sheet from the
Republic of Korea, Mexico, and the Sultanate of
Oman: Initiation of Less-than-Fair-Value
Investigations, 84 FR 44854 (August 27, 2019)
(Initiation Notice).
2 See Polyethylene Terephthalate Sheet from the
Republic of Korea and the Sultanate of Oman:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 84 FR 70941
(December 26, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-thanFair-Value Investigation of Polyethylene
Terephthalate Sheet from Oman,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\03MRN1.SGM
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12514
Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
Memorandum is included as Appendix
II to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is PET Sheet from Oman.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Methodology
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Commerce is conducting this
investigation in accordance with section
733(b) of the Act. Commerce has
calculated constructed export price in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 84 FR at 44855.
6 See Memorandum, ‘‘Polyethylene Terephthalate
Sheet from Oman and Korea: Preliminary Scope
Decision Memorandum,’’ dated concurrently with
this preliminary determination (Preliminary Scope
Decision Memorandum).
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All-Others Rate
Section 733(d)(1)(ii) of the Act
provides that, in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an estimated weightedaverage dumping margin for OCTAL
SAOC—FZC (OCTAL) that is not zero,
de minimis, or based entirely on facts
otherwise available. Commerce
determined the all-others rate using the
estimated weighted-average dumping
margin calculated for OCTAL, the sole
respondent.
and exporters will be equal to the allothers estimated weighted-average
dumping margin. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Commerce is setting different
deadlines for scope-related case and
rebuttal briefs, and case and rebuttal
briefs addressing all other issues.
Preliminary Determination
Scope briefs may be submitted to the
Commerce preliminarily determines
Assistant Secretary for Enforcement and
that the following estimated weightedCompliance no later than 30 days after
average dumping margins exist:
the publication of the preliminary
antidumping duty (AD) determinations
Estimated for Korea and Oman in the Federal
weighted- Register. Rebuttal scope briefs, limited
average
Exporter/producer
to issues raised in the scope case briefs,
dumping
may be submitted no later than three
margin
(percent)
days after the deadline for the scope
case briefs. These deadlines are based
OCTAL SAOC—FZC (OCTAL) ..
2.78
on publication in the Federal Register
All Others ....................................
2.78
of the preliminary determinations in the
AD investigations of PET sheet. There is
Suspension of Liquidation
only one briefing schedule for scope
In accordance with section 733(d)(2)
case and rebuttal briefs in the AD
of the Act, Commerce will direct U.S.
investigations. For all scope issues,
Customs and Border Protection (CBP) to parties must file separate and identical
suspend liquidation of entries of subject documents on the records of all of the
merchandise, as described in Appendix ongoing AD PET sheet investigations.
I, entered or withdrawn from
No new factual information should be
warehouse, for consumption on or after
included in scope case briefs or rebuttal
the date of publication of this notice in
scope briefs, and no proprietary
the Federal Register. Further, pursuant
information should be submitted in the
to section 733(d)(1)(B) of the Act and 19 scope case briefs and rebuttal scope
CFR 351.205(d), Commerce will instruct briefs.
CBP to require a cash deposit equal to
Pursuant to 19 CFR 351.310(c),
the estimated weighted-average
interested parties who wish to request a
dumping margin or the estimated allhearing on the revised scope, limited to
others rate, as follows: (1) The cash
issues raised in the scope case and
deposit rate for the respondent listed
rebuttal briefs, must submit a written
above will be equal to the companyrequest to the Assistant Secretary for
specific estimated weighted-average
Enforcement and Compliance, U.S.
dumping margin determined in this
Department of Commerce, separate from
preliminary determination; (2) if the
the hearing on issues raised in case
exporter is not identified above, but the
briefs, within five days after the date of
producer is, then the cash deposit rate
publication of this notice. Requests
will be equal to the company-specific
should contain the party’s name,
estimated weighted-average dumping
address, and telephone number, the
margin established for that producer of
number of participants, whether any
the subject merchandise; and (3) the
participant is a foreign national, and a
cash deposit rate for all other producers list of the issues to be discussed. If a
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
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request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Scope comments may only be
included in the scope case brief and
scope rebuttal brief. Should this
investigation result in an order,
interested parties may submit requests
for a scope ruling afterwards.
Case briefs or other non-scope written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
7 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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12515
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On February 12, 2020, pursuant to 19
CFR 351.210(b)(2)(ii) and 19 CFR
351.210(e)(2), OCTAL requested that,
contingent upon an affirmative
preliminary determination of sales at
LTFV, Commerce postpone the final
determination, and that provisional
measures be extended to a period not to
exceed six months. In addition, on
February 14, 2020, the petitioners 8
requested that Commerce fully postpone
the deadline for the final determination
in this investigation. In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
International Trade Commission (ITC)
Notification
[FR Doc. 2020–04346 Filed 3–2–20; 8:45 am]
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of this preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
subject imports are materially injuring,
or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
8 The petitioners are Advanced Extrusion Inc., ExTech Plastics, Inc., and Multi-Plastics Extrusions,
Inc.
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is raw, pretreated, or primed
polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal
thicknesses of equal to or greater than 7 mil
(0.007 inches or 177.8 mm) and not exceeding
45 mil (0.045 inches or 1143 mm) (PET sheet).
The scope includes all PET sheet whether
made from prime (virgin) inputs or recycled
inputs, as well as any blends thereof. The
scope includes all PET sheet meeting the
above specifications regardless of width,
color, surface treatment, coating, lamination,
or other surface finish.
The merchandise subject to this
investigation is properly classified under
statistical reporting number 3920.62.0090 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
statistical reporting number is provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable March 3, 2020.
SUMMARY: The Department of Commerce
(Commerce) hereby publishes a list of
scope rulings and anti-circumvention
determinations made during the period
October 1, 2019 through December 31,
2019. We intend to publish future lists
after the close of the next calendar
quarter.
FOR FURTHER INFORMATION CONTACT:
Marcia E. Short, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
AGENCY:
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Agencies
[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12513-12515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04346]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-813]
Polyethylene Terephthalate Sheet From the Sultanate of Oman:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that polyethylene terephthalate sheet (PET sheet) from the Sultanate of
Oman (Oman) is being, or is likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation is July 1,
2018 through June 30, 2019. Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable March 3, 2020.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 27,
2019.\1\ On December 17, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
February 25, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision
[[Page 12514]]
Memorandum is included as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Sheet from the Republic of
Korea, Mexico, and the Sultanate of Oman: Initiation of Less-than-
Fair-Value Investigations, 84 FR 44854 (August 27, 2019) (Initiation
Notice).
\2\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 84 FR
70941 (December 26, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-than-Fair-Value Investigation of
Polyethylene Terephthalate Sheet from Oman,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Scope of the Investigation
The product covered by this investigation is PET Sheet from Oman.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties Final Rule, 62
FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 84 FR at 44855.
\6\ See Memorandum, ``Polyethylene Terephthalate Sheet from Oman
and Korea: Preliminary Scope Decision Memorandum,'' dated
concurrently with this preliminary determination (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 733(b) of the Act. Commerce has calculated constructed export
price in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that, in the preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for OCTAL SAOC--FZC (OCTAL) that is not zero, de
minimis, or based entirely on facts otherwise available. Commerce
determined the all-others rate using the estimated weighted-average
dumping margin calculated for OCTAL, the sole respondent.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC--FZC (OCTAL)..................................... 2.78
All Others.................................................. 2.78
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not identified above, but the producer is, then the cash deposit rate
will be equal to the company-specific estimated weighted-average
dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Commerce is setting different deadlines for scope-related case and
rebuttal briefs, and case and rebuttal briefs addressing all other
issues.
Scope briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance no later than 30 days after the publication
of the preliminary antidumping duty (AD) determinations for Korea and
Oman in the Federal Register. Rebuttal scope briefs, limited to issues
raised in the scope case briefs, may be submitted no later than three
days after the deadline for the scope case briefs. These deadlines are
based on publication in the Federal Register of the preliminary
determinations in the AD investigations of PET sheet. There is only one
briefing schedule for scope case and rebuttal briefs in the AD
investigations. For all scope issues, parties must file separate and
identical documents on the records of all of the ongoing AD PET sheet
investigations. No new factual information should be included in scope
case briefs or rebuttal scope briefs, and no proprietary information
should be submitted in the scope case briefs and rebuttal scope briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing on the revised scope, limited to issues raised in the
scope case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, separate from the hearing on issues raised in case briefs,
within five days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. If a
[[Page 12515]]
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
Scope comments may only be included in the scope case brief and
scope rebuttal brief. Should this investigation result in an order,
interested parties may submit requests for a scope ruling afterwards.
Case briefs or other non-scope written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the last verification report is
issued in this investigation. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than five days after the
deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On February 12, 2020, pursuant to 19 CFR 351.210(b)(2)(ii) and 19
CFR 351.210(e)(2), OCTAL requested that, contingent upon an affirmative
preliminary determination of sales at LTFV, Commerce postpone the final
determination, and that provisional measures be extended to a period
not to exceed six months. In addition, on February 14, 2020, the
petitioners \8\ requested that Commerce fully postpone the deadline for
the final determination in this investigation. In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\8\ The petitioners are Advanced Extrusion Inc., Ex-Tech
Plastics, Inc., and Multi-Plastics Extrusions, Inc.
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of this preliminary determination. If the final determination
is affirmative, the ITC will determine before the later of 120 days
after the date of this preliminary determination or 45 days after the
final determination whether subject imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is raw,
pretreated, or primed polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal thicknesses of equal to or
greater than 7 mil (0.007 inches or 177.8 [micro]m) and not
exceeding 45 mil (0.045 inches or 1143 [micro]m) (PET sheet). The
scope includes all PET sheet whether made from prime (virgin) inputs
or recycled inputs, as well as any blends thereof. The scope
includes all PET sheet meeting the above specifications regardless
of width, color, surface treatment, coating, lamination, or other
surface finish.
The merchandise subject to this investigation is properly
classified under statistical reporting number 3920.62.0090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS statistical reporting number is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2020-04346 Filed 3-2-20; 8:45 am]
BILLING CODE 3510-DS-P