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]

Download as PDF 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 South Gay Street, Baltimore, Maryland 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 not later than seven days before the 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 VerDate Sep<11>2014 22:43 Dec 23, 2022 Jkt 259001 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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). E:\FR\FM\27DEN1.SGM 27DEN1 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. VerDate Sep<11>2014 22:43 Dec 23, 2022 Jkt 259001 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 27DEN1 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 TKELLEY on DSK125TN23PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:43 Dec 23, 2022 Jkt 259001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27DEN1.SGM 27DEN1

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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
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    \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.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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
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