Polyethylene Terephthalate Sheet From the Sultanate of Oman: Preliminary Results of Changed Circumstances Review and Intent To Revoke the Antidumping Duty Order, 79277-79279 [2022-28101]
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Nordwind, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Nordwind if such service involves
the use of any item subject to the EAR
that has been or will be exported from
the United States except directly related
to safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Nordwind by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
Sections 766.24(e) of the EAR,
Nordwind may, at any time, appeal this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
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21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Nordwind as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
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expiration date of the Order.
A copy of this Order shall be provided
to Nordwind and shall be published in
the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
TKELLEY on DSK125TN23PROD with NOTICES
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2022–28029 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–DT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–813]
Polyethylene Terephthalate Sheet
From the Sultanate of Oman:
Preliminary Results of Changed
Circumstances Review and Intent To
Revoke the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2022, the
U.S. Department of Commerce
(Commerce) initiated a changed
circumstances review (CCR) of the
antidumping duty order on
polyethylene terephthalate (PET) sheet
from the Sultanate of Oman (Oman). We
preliminarily determine that revocation
of the order is warranted. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 27, 2022.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, 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) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 10, 2020, Commerce
published the antidumping duty order
on PET sheet from Oman.1 On October
26, 2022, the petitioners 2 (i.e., domestic
producers of subject merchandise)
requested, through a CCR, revocation of
the Order, pursuant to section
751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.222(g)(1).3 Commerce published the
notice of initiation of the CCR on
November 18, 2022.4 Because the
petitioners did not indicate whether
they account for substantially all of the
domestic production of PET sheet, in
the Initiation Notice we invited
interested parties to submit comments
regarding industry support for the
potential revocation, as well as
1 See Polyethylene Terephthalate Sheet from the
Republic of Korea and the Sultanate of Oman:
Antidumping Duty Orders, 85 FR 55824 (September
10, 2020) (Order).
2 The petitioners are Advanced Extrusion, Inc.,
Good Natured Products, IL dba Ex-Tech Inc., and
Multi-Plastics Extrusions, Inc.
3 See Petitioners’ Letter, ‘‘Request for a ‘No
Interest’ Changed Circumstances Review and
Revocation of the Order,’’ dated October 26, 2022.
4 See Polyethylene Terephthalate Sheet from the
Sultanate of Oman: Notice of Initiation of Changed
Circumstances Review and Consideration of
Revocation of the Antidumping Duty Order, 87 FR
69252 (November 18, 2022) (Initiation Notice).
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79277
comments and/or factual information
regarding the CCR.
On November 22, 2022, OCTAL
Extrusion Corporation (OCTAL
Extrusion), a U.S. producer of PET
sheet, submitted comments in support
of the revocation of the Order.5 We
received no further comments on the
Initiation Notice.
Scope of the Order
The merchandise covered by the
Order 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 the Order
is properly classified under statistical
reporting subheading 3920.62.0090 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Preliminary Results of the Changed
Circumstances Review and Intent To
Revoke the Order
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an antidumping or
countervailing duty order, in whole or
in part, based on a review under section
751(b) of the Act (i.e., a CCR). Section
751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request
which shows changed circumstances
sufficient to warrant a review. Section
782(h)(2) of the Act gives Commerce the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order. Section 351.222(g) of Commerce’s
regulations provides that Commerce
will conduct a CCR under 19 CFR
351.216, and may revoke an order (in
whole or in part), if it concludes that: (i)
producers accounting for substantially
all of the production of the domestic
like product to which the order pertains
have expressed a lack of interest in the
relief provided by the order, in whole or
5 See OCTAL Extrusion’s Letter, ‘‘OCTAL
Extrusion’s Comments Supporting Revocation of
AD Order,’’ dated November 22, 2022 (OCTAL
Extrusion’s Letter).
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79278
Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
TKELLEY on DSK125TN23PROD with NOTICES
in part; or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and
Commerce’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
Commerce to revoke the order, in whole
or in part.6 In its administrative
practice, Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.7
Commerce did not issue a combined
notice of initiation and preliminary
results in this CCR because the record
was unclear as to whether the
petitioners account for substantially all
domestic production of PET sheet.8
Thus, Commerce did not determine in
the Initiation Notice whether producers
accounting for substantially all of the
production of the domestic like product
lacked interest in maintaining the
Order. Instead, we invited interested
parties to submit comments concerning
domestic industry support with respect
to the requested revocation of the
Order.9 Although OCTAL Extrusion
submitted comments in response to the
initiation of this CCR, it did not
comment on whether it, or the
petitioners, account for substantially all
domestic production of PET sheet.10
Commerce, therefore, received no
additional comments on industry
support aside from comments by a
domestic producer of PET sheet, OCTAL
Extrusion, in support of the revocation.
As a result, we find that the domestic
industry has expressed no opposition
with respect to the proposed revocation
of the Order.
In light of the petitioners’ statement of
lack of interest, OCTAL Extrusion’s
comments in support of the revocation,
and the absence of comments from any
interested party addressing the issue of
domestic industry support, we
preliminarily conclude that producers
accounting for substantially all of the
production of the domestic like product
to which the Order pertains lack interest
in the relief provided by the Order.
Thus, we preliminarily determine that
6 See section 782(h) of the Act and 19 CFR
351.222(g).
7 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
8 See Initiation Notice.
9 Id., 87 FR at 69253.
10 See OCTAL Extrusion’s Letter.
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changed circumstances warrant
revocation of the Order. We will
consider comments from interested
parties on these preliminary results
before issuing the final results of this
review.
Accordingly, we are notifying the
public of our intent to revoke the Order.
If we make a final determination to
revoke the Order, then section 751(d)(3)
of the Act provides that ‘‘{a}
determination under this section to
revoke an order . . . shall apply with
respect to unliquidated entries of the
subject merchandise which are entered,
or withdrawn from warehouse, for
consumption on or after the date
determined by the administering
authority.’’ Consequently, Commerce’s
general practice is to instruct U.S.
Customs and Border Protection (CBP) to
liquidate without regard to antidumping
and countervailing duties, and to refund
any estimated deposits of those duties,
on all unliquidated entries of the
merchandise covered by a revocation
that are not covered by the final results
of an administrative review or automatic
liquidation.11 However, certain
unliquidated entries are currently
enjoined from liquidation by litigation.
Thus, Commerce is also requesting
comments from interested parties
regarding the treatment of entries that
are covered by this revocation request
but remain enjoined due to an
injunction issued in ongoing litigation.
Public Comment
Interested parties are invited to
comment on these preliminary results,
as well as the treatment of unliquidated
entries covered by an injunction, in
accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted to Commerce no later than
14 days after the date of publication of
these preliminary results. Rebuttal
comments, limited to issues raised in
such comments, may be filed with
Commerce no later than seven days after
11 See, e.g., Certain Pasta from Italy: Final Results
of Countervailing Duty Changed Circumstances
Review and Revocation, In Part, 76 FR 27634 (May
12, 2011); Stainless Steel Bar from the United
Kingdom: Notice of Final Results of Changed
Circumstances Review and Revocation of Order, in
Part, 72 FR 65706 (November 23, 2007); Notice of
Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In
Part: Certain Corrosion-Resistant Carbon Steel Flat
Products from Germany, 71 FR 66163 (November
13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and
Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and
Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from
the People’s Republic of China, 68 FR 62428
(November 4, 2003).
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the initial comments are filed.12 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.13 All submissions must be filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. An
electronically-filed document must be
received successfully in its entirety in
ACCESS by 5:00 p.m. Eastern Time on
the due date set forth in this notice.
Final Results of the Changed
Circumstances Review
Commerce’s regulations provide that
it will issue the final results of a CCR,
which will include analysis of any
written comments, no later than 270
days after the date on which a review
was initiated, or within 45 days if all
parties to the proceeding agree to the
outcome of the review.14 If, in the final
result of this review, Commerce
continues to determine that changed
circumstances warrant the revocation of
the Order, we intend to instruct CBP to
liquidate without regard to antidumping
duties, and to refund any deposits of
estimated antidumping duties, on all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.15 The current requirement
for cash deposit of estimated
antidumping duties on all entries of
subject merchandise will continue
unless they are modified pursuant to the
final results of this CCR.
Notification to Interested Parties
These preliminary results of review
are being issued and published in
accordance with sections 751(b) and
777(i) of the Act, and 19 CFR 351.216,
19 CFR 351.221(c)(3), and 19 CFR
351.222.
12 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
13 See Temporary Rule.
14 See 19 CFR 351.216(e).
15 As noted above, certain unliquidated entries
are currently enjoined from liquidation by
litigation, and parties may submit comments
relating to Commerce’s treatment of such entries.
E:\FR\FM\27DEN1.SGM
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–28101 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of
Apparel Articles Assembled in Haiti
Under the Caribbean Basin Economic
Recovery Act (CBERA), as Amended
by the Haitian Hemispheric
Opportunity Through Partnership
Encouragement Act (HOPE)
International Trade
Administration, Department of
Commerce.
ACTION: Notification of Annual
Quantitative Limit on Imports of Certain
Apparel from Haiti.
AGENCY:
CBERA, as amended,
provides duty-free treatment for certain
apparel articles imported directly from
Haiti. One of the preferences is known
as the ‘‘value-added’’ provision, which
requires that apparel meet a minimum
threshold percentage of value added in
Haiti, the United States, and/or certain
beneficiary countries. The provision is
subject to a quantitativ elimitation,
which is calculated as a percentage of
total apparel imports into the United
States for each 12-month period. For the
period from December 20, 2022 through
December 19, 2023, the quantity of
imports eligible for preferential
treatment under the value-added
provision is 412,506,163 square meters
equivalent.
DATES: The new limitations become
applicable December 20, 2022.
FOR FURTHER INFORMATION CONTACT:
Laurie Mease, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–2043.
SUPPLEMENTARY INFORMATION:
Authority: Section 213A of the
Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703a) (‘‘CBERA’’), as
amended; and as implemented by
Presidential Proc. No. 8114, 72 FR
13655 (March 22, 2007), and No. 8596,
75 FR 68153 (November 4, 2010).
Background: Section 213A(b)(1)(B) of
CBERA, as amended (19 U.S.C.
2703a(b)(1)(B)), outlines the
requirements for certain apparel articles
imported directly from Haiti to qualify
for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for
duty-free treatment, apparel articles
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SUMMARY:
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must be wholly assembled, or knit-toshape, in Haiti from any combination of
fabrics, fabric components, components
knit-to-shape, and yarns, as long as the
sum of the cost or value of materials
produced in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, plus the direct
costs of processing operations
performed in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, is not less than an
applicable percentage of the declared
customs value of such apparel articles.
Pursuant to CBERA, as amended, the
applicable percentage for the period
December 20, 2022 through December
19, 2023, is 60 percent.
For every twelve-month period
following the effective date of CBERA,
as amended, duty-free treatment under
the value-added provision is subject to
a quantitative limitation. CBERA, as
amended, provides that the quantitative
limitation will be recalculated for each
subsequent 12-month period. Section
213A(b)(1)(C) of CBERA, as amended
(19 U.S.C. 2703a(b)(1)(C)), requires that,
for the twelve-month period beginning
on December 20, 2022, the quantitative
limitation for qualifying apparel
imported from Haiti under the valueadded provision will be an amount
equivalent to 1.25 percent of the
aggregate square meter equivalent of all
apparel articles imported into the
United States in the most recent 12month period for which data are
available. The aggregate square meters
equivalent of all apparel articles
imported into the United States is
derived from the set of Harmonized
System lines listed in the Annex to the
World Trade Organization Agreement
on Textiles and Clothing (‘‘ATC’’), and
the conversion factors for units of
measure into square meter equivalents
used by the United States in
implementing the ATC.
For purposes of this notice, the most
recent 12-month period for which data
are available as of December 20, 2022 is
the 12-month period ending on October
31, 2022. Therefore, for the one-year
period beginning on December 20, 2022
and extending through December 19,
2022, the quantity of imports eligible for
preferential treatment under the valueadded provision is 412,506,163 square
meters equivalent. Apparel articles
entered in excess of these quantities will
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79279
be subject to otherwise applicable
tariffs.
Jennifer Knight,
Deputy Assistant Secretary for Textiles,
Consumer Goods, Materials, Critical Minerals
and Metals.
[FR Doc. 2022–28047 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Workplace Violence
Prevention and Response Forms
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites 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. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before February 27, 2023.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at NOAA.PRA@noaa.gov. Please
reference OMB Control Number 0648xxxx in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Dr. Lisa
Charles, Acting Director, Workplace
Violence Prevention and Response,
(202) 236–9672, and lisa.charles@
noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This is a request for a new
information collection.
This information collection will be
used to document elements of the
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Agencies
[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79277-79279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28101]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-813]
Polyethylene Terephthalate Sheet From the Sultanate of Oman:
Preliminary Results of Changed Circumstances Review and Intent To
Revoke the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2022, the U.S. Department of Commerce
(Commerce) initiated a changed circumstances review (CCR) of the
antidumping duty order on polyethylene terephthalate (PET) sheet from
the Sultanate of Oman (Oman). We preliminarily determine that
revocation of the order is warranted. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 27, 2022.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2020, Commerce published the antidumping duty
order on PET sheet from Oman.\1\ On October 26, 2022, the petitioners
\2\ (i.e., domestic producers of subject merchandise) requested,
through a CCR, revocation of the Order, pursuant to section
751(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.222(g)(1).\3\ Commerce published the notice of initiation of
the CCR on November 18, 2022.\4\ Because the petitioners did not
indicate whether they account for substantially all of the domestic
production of PET sheet, in the Initiation Notice we invited interested
parties to submit comments regarding industry support for the potential
revocation, as well as comments and/or factual information regarding
the CCR.
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\1\ See Polyethylene Terephthalate Sheet from the Republic of
Korea and the Sultanate of Oman: Antidumping Duty Orders, 85 FR
55824 (September 10, 2020) (Order).
\2\ The petitioners are Advanced Extrusion, Inc., Good Natured
Products, IL dba Ex-Tech Inc., and Multi-Plastics Extrusions, Inc.
\3\ See Petitioners' Letter, ``Request for a `No Interest'
Changed Circumstances Review and Revocation of the Order,'' dated
October 26, 2022.
\4\ See Polyethylene Terephthalate Sheet from the Sultanate of
Oman: Notice of Initiation of Changed Circumstances Review and
Consideration of Revocation of the Antidumping Duty Order, 87 FR
69252 (November 18, 2022) (Initiation Notice).
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On November 22, 2022, OCTAL Extrusion Corporation (OCTAL
Extrusion), a U.S. producer of PET sheet, submitted comments in support
of the revocation of the Order.\5\ We received no further comments on
the Initiation Notice.
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\5\ See OCTAL Extrusion's Letter, ``OCTAL Extrusion's Comments
Supporting Revocation of AD Order,'' dated November 22, 2022 (OCTAL
Extrusion's Letter).
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Scope of the Order
The merchandise covered by the Order 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 [mu]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 the Order is properly classified under
statistical reporting subheading 3920.62.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the scope is dispositive.
Preliminary Results of the Changed Circumstances Review and Intent To
Revoke the Order
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an antidumping or countervailing duty order, in
whole or in part, based on a review under section 751(b) of the Act
(i.e., a CCR). Section 751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request which shows changed circumstances
sufficient to warrant a review. Section 782(h)(2) of the Act gives
Commerce the authority to revoke an order if producers accounting for
substantially all of the production of the domestic like product have
expressed a lack of interest in the order. Section 351.222(g) of
Commerce's regulations provides that Commerce will conduct a CCR under
19 CFR 351.216, and may revoke an order (in whole or in part), if it
concludes that: (i) producers accounting for substantially all of the
production of the domestic like product to which the order pertains
have expressed a lack of interest in the relief provided by the order,
in whole or
[[Page 79278]]
in part; or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\6\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\7\
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\6\ See section 782(h) of the Act and 19 CFR 351.222(g).
\7\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012), unchanged in Honey from Argentina; Final
Results of Antidumping and Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and Countervailing Duty Orders,
77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------
Commerce did not issue a combined notice of initiation and
preliminary results in this CCR because the record was unclear as to
whether the petitioners account for substantially all domestic
production of PET sheet.\8\ Thus, Commerce did not determine in the
Initiation Notice whether producers accounting for substantially all of
the production of the domestic like product lacked interest in
maintaining the Order. Instead, we invited interested parties to submit
comments concerning domestic industry support with respect to the
requested revocation of the Order.\9\ Although OCTAL Extrusion
submitted comments in response to the initiation of this CCR, it did
not comment on whether it, or the petitioners, account for
substantially all domestic production of PET sheet.\10\ Commerce,
therefore, received no additional comments on industry support aside
from comments by a domestic producer of PET sheet, OCTAL Extrusion, in
support of the revocation. As a result, we find that the domestic
industry has expressed no opposition with respect to the proposed
revocation of the Order.
---------------------------------------------------------------------------
\8\ See Initiation Notice.
\9\ Id., 87 FR at 69253.
\10\ See OCTAL Extrusion's Letter.
---------------------------------------------------------------------------
In light of the petitioners' statement of lack of interest, OCTAL
Extrusion's comments in support of the revocation, and the absence of
comments from any interested party addressing the issue of domestic
industry support, we preliminarily conclude that producers accounting
for substantially all of the production of the domestic like product to
which the Order pertains lack interest in the relief provided by the
Order. Thus, we preliminarily determine that changed circumstances
warrant revocation of the Order. We will consider comments from
interested parties on these preliminary results before issuing the
final results of this review.
Accordingly, we are notifying the public of our intent to revoke
the Order. If we make a final determination to revoke the Order, then
section 751(d)(3) of the Act provides that ``{a{time} determination
under this section to revoke an order . . . shall apply with respect to
unliquidated entries of the subject merchandise which are entered, or
withdrawn from warehouse, for consumption on or after the date
determined by the administering authority.'' Consequently, Commerce's
general practice is to instruct U.S. Customs and Border Protection
(CBP) to liquidate without regard to antidumping and countervailing
duties, and to refund any estimated deposits of those duties, on all
unliquidated entries of the merchandise covered by a revocation that
are not covered by the final results of an administrative review or
automatic liquidation.\11\ However, certain unliquidated entries are
currently enjoined from liquidation by litigation. Thus, Commerce is
also requesting comments from interested parties regarding the
treatment of entries that are covered by this revocation request but
remain enjoined due to an injunction issued in ongoing litigation.
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\11\ See, e.g., Certain Pasta from Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final
Results of Antidumping Duty Changed Circumstances Review, and
Determination to Revoke Order in Part: Certain Cased Pencils from
the People's Republic of China, 68 FR 62428 (November 4, 2003).
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Public Comment
Interested parties are invited to comment on these preliminary
results, as well as the treatment of unliquidated entries covered by an
injunction, in accordance with 19 CFR 351.309(c)(1)(ii). Written
comments may be submitted to Commerce no later than 14 days after the
date of publication of these preliminary results. Rebuttal comments,
limited to issues raised in such comments, may be filed with Commerce
no later than seven days after the initial comments are filed.\12\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\ All submissions must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. An electronically-filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the due date set forth in this notice.
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\12\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2); see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19; Extension of Effective Period,
85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See Temporary Rule.
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Final Results of the Changed Circumstances Review
Commerce's regulations provide that it will issue the final results
of a CCR, which will include analysis of any written comments, no later
than 270 days after the date on which a review was initiated, or within
45 days if all parties to the proceeding agree to the outcome of the
review.\14\ If, in the final result of this review, Commerce continues
to determine that changed circumstances warrant the revocation of the
Order, we intend to instruct CBP to liquidate without regard to
antidumping duties, and to refund any deposits of estimated antidumping
duties, on all unliquidated entries of the merchandise covered by the
revocation that are not covered by the final results of an
administrative review or automatic liquidation.\15\ The current
requirement for cash deposit of estimated antidumping duties on all
entries of subject merchandise will continue unless they are modified
pursuant to the final results of this CCR.
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\14\ See 19 CFR 351.216(e).
\15\ As noted above, certain unliquidated entries are currently
enjoined from liquidation by litigation, and parties may submit
comments relating to Commerce's treatment of such entries.
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Notification to Interested Parties
These preliminary results of review are being issued and published
in accordance with sections 751(b) and 777(i) of the Act, and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
[[Page 79279]]
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28101 Filed 12-23-22; 8:45 am]
BILLING CODE 3510-DS-P