Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2018-2019, 7361-7362 [2021-01801]

Download as PDF Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices regarding the reimbursement of antidumping 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 antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: January 19, 2021. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Scope of the Order Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2021–01799 Filed 1–27–21; 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; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that OCTAL SAOC–FZC (OCTAL) made U.S. sales of polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman) at less than normal value during the period of review (POR), i.e., May 1, 2018 through April 30, 2019. DATES: Applicable January 28, 2021. 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: AGENCY: Background On July 24, 2020, Commerce published the Preliminary Results of the 2018–2019 antidumping duty administrative review of PET resin from VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 Oman.1 On August 31, 2020, we received a case brief from DAK Americas, LLC, Indorama Ventures USA, Inc., and Nan Ya Plastics Corporation, America (collectively, petitioners). On September 8, 2020, we received a rebuttal brief from OCTAL.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.3 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.4 The revised deadline for the final results of this administrative review is now January 19, 2021. 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.6 1 See Polyethylene Terephthalate Resin from the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2018– 2019, 85 FR 44856 (July 24, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Petitioners’ Case Brief, ‘‘Polyethylene Terephthalate Resin from Oman: Petitioners’ Case Brief,’’ dated August 31, 2020 (Petitioners’ Brief); see also ‘‘OCTAL’s Rebuttal Brief: Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,’’ dated September 8, 2020 (OCTAL’s Rebuttal). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 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 For a complete description of the scope of the order, see memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018– 2019 Administrative Review of the Antidumping Duty Order on Polyethylene Terephthalate Resin from the Sultanate of Oman,’’ dated concurrently PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 7361 Analysis of Comments Received All issues raised in the case and rebuttal briefs filed in this administrative review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of issues raised is attached as the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on-file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, we included in our calculation certain commission expenses which had been omitted from our preliminary dumping margin calculation. Additionally, after reviewing our preliminary dumping margin calculation, we determined that it was appropriate to exclude certain home market sales of samples, and to revise programming language that we added to the preliminary dumping margin calculation to account for certain items reported in multiple currencies.7 We made no other changes to the Preliminary Results. Final Results of Review We are assigning the following dumping margin to the firm listed below for the period May 1, 2018 through April 30, 2019: Exporter/producer Weightedaverage dumping margin (percent) OCTAL SAOC–FZC ................... 0.75 Disclosure Commerce intends to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 See Memorandum, ‘‘2018–2019 Antidumping Duty Administrative Review of Polyethylene Terephthalate Resin from the Sultanate of Oman: Final Results Analysis Memorandum for OCTAL SAOC–FZC,’’ dated concurrently with this notice. E:\FR\FM\28JAN1.SGM 28JAN1 7362 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices Federal Register, in accordance with 19 CFR 351.224(b). 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 has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries.8 Commerce calculated importerspecific ad valorem antidumping duty assessment rates by aggregating for each importer identified for the reported sales, the total amount of dumping calculated for sales for which that importer was reported and dividing each of these amounts by the total entered value of those sales. Commerce will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importerspecific assessment rate is not zero or de minimis. For entries of subject merchandise during the POR produced by OCTAL for which it did not know its merchandise was destined for the United States, Commerce will instruct CBP to liquidate such unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transactions. Consistent with its recent notice,9 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). 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) 8 In these final results, Commerce applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). 9 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 15, 2021). VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 of the Act: (1) The cash deposit rate for OCTAL is the rate listed in the table above; (2) for previously reviewed or investigated companies not listed in the table above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter was not covered in this review, a prior review, or the investigation, but the producer was covered, 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 in this proceeding.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Dated: January 19, 2021. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant POR entries. 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. Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; SABIT Participant Application, Participant Survey, Alumni Survey Notification Regarding Administrative Protective Orders 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), which continues to govern business proprietary information in this segment of the proceeding. 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). 10 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 V. Discussion of the Issues Comment 1: Reprocessing Costs Comment 2: U.S. Commission Expenses VI. Recommendation [FR Doc. 2021–01801 Filed 1–27–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on November 23, 2020, during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: International Trade Administration. Title: SABIT Program: Applications and Questionnaires. OMB Control Number: 0625–0225. Form Number(s): ITA–4143P. Type of Request: Regular. Number of Respondents: 3,500. Average Hours per Response: 3 hours for application; 1 hour for program exit questionnaire; 1 hour for alumni success story form. Burden Hours: 7,000. Needs and Uses: The information collected by the SABIT application for participation in the SABIT Group Program will be used by ITA staff to determine the quality of applicants for SABIT’s programs and create E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7361-7362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-810]


Polyethylene Terephthalate Resin From the Sultanate of Oman: 
Final Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that OCTAL 
SAOC-FZC (OCTAL) made U.S. sales of polyethylene terephthalate resin 
(PET resin) from the Sultanate of Oman (Oman) at less than normal value 
during the period of review (POR), i.e., May 1, 2018 through April 30, 
2019.

DATES: Applicable January 28, 2021.

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 24, 2020, Commerce published the Preliminary Results of the 
2018-2019 antidumping duty administrative review of PET resin from 
Oman.\1\ On August 31, 2020, we received a case brief from DAK 
Americas, LLC, Indorama Ventures USA, Inc., and Nan Ya Plastics 
Corporation, America (collectively, petitioners). On September 8, 2020, 
we received a rebuttal brief from OCTAL.\2\
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Resin from the Sultanate of 
Oman: Preliminary Results of Antidumping Duty Administrative Review; 
2018-2019, 85 FR 44856 (July 24, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioners' Case Brief, ``Polyethylene Terephthalate 
Resin from Oman: Petitioners' Case Brief,'' dated August 31, 2020 
(Petitioners' Brief); see also ``OCTAL's Rebuttal Brief: 
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,'' 
dated September 8, 2020 (OCTAL's Rebuttal).
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\3\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\4\ The revised 
deadline for the final results of this administrative review is now 
January 19, 2021.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

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.\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\ For a complete description of the scope of the order, see 
memorandum, ``Issues and Decision Memorandum for the Final Results 
of the 2018-2019 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 (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed in this 
administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of issues 
raised is attached as the Appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we included in our calculation certain commission 
expenses which had been omitted from our preliminary dumping margin 
calculation. Additionally, after reviewing our preliminary dumping 
margin calculation, we determined that it was appropriate to exclude 
certain home market sales of samples, and to revise programming 
language that we added to the preliminary dumping margin calculation to 
account for certain items reported in multiple currencies.\7\ We made 
no other changes to the Preliminary Results.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Polyethylene Terephthalate Resin from the Sultanate of 
Oman: Final Results Analysis Memorandum for OCTAL SAOC-FZC,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Final Results of Review

    We are assigning the following dumping margin to the firm listed 
below for the period May 1, 2018 through April 30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC.............................................        0.75
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the

[[Page 7362]]

Federal Register, in accordance with 19 CFR 351.224(b).

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 has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries.\8\ Commerce calculated importer-
specific ad valorem antidumping duty assessment rates by aggregating 
for each importer identified for the reported sales, the total amount 
of dumping calculated for sales for which that importer was reported 
and dividing each of these amounts by the total entered value of those 
sales. Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review where an importer-specific 
assessment rate is not zero or de minimis.
---------------------------------------------------------------------------

    \8\ In these final results, Commerce applied the assessment rate 
calculation methodology adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by OCTAL 
for which it did not know its merchandise was destined for the United 
States, Commerce will instruct CBP to liquidate such unreviewed entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transactions.
    Consistent with its recent notice,\9\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

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 the rate listed in the table 
above; (2) for previously reviewed or investigated companies not listed 
in the table above, the cash deposit rate will continue to be the 
company-specific rate published for the most recently completed segment 
of this proceeding; (3) if the exporter was not covered in this review, 
a prior review, or the investigation, but the producer was covered, 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 in this proceeding.\10\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ 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).
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant POR entries. 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.

Notification Regarding Administrative Protective Orders

    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), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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: January 19, 2021.
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
V. Discussion of the Issues
    Comment 1: Reprocessing Costs
    Comment 2: U.S. Commission Expenses
VI. Recommendation

[FR Doc. 2021-01801 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P