Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 48153-48155 [2024-12343]
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48153
Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
Disclosure
We intend to disclose the calculations
performed for this amended preliminary
determination to parties within five
days after public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates calculated
in this amended preliminary
determination, in accordance with
section 733(d) of the Act. Because the
amended rates for Erdoganlar, Sistem,
the companies assigned rates based on
AFA, and all other producers and/or
exporters result in decreased cash
deposit rates, they will be effective
retroactively to May 7, 2024, the date of
publication of the Preliminary
Determination. We will also instruct
U.S. Customs and Border Protection to
issue instructions for requesting a
refund of the difference between the
amount of cash deposits paid as a result
of the application of the Preliminary
Determination rates and the amount due
as a result of the amended preliminary
determination rates.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the U.S.
International Trade Commission of our
amended preliminary determination.
Notification to Interested Parties
This amended preliminary
determination is issued and published
pursuant to sections 733(d) and 777(i) of
the Act and 19 CFR 351.224(e).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–12345 Filed 6–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman:
Preliminary Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Jkt 262001
The U.S. Department of
Commerce (Commerce) preliminarily
determines that OCTAL SAOC FZC
(OCTAL), the sole respondent subject to
this administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman
(Oman), did not make sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
May 1, 2022, through April 30, 2023.
Interested parties are invited to
comment on the preliminary results of
this administrative s review.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or 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) 482–2769 and (202) 482–3518,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Based on timely requests for review,
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), on July 6, 2023, Commerce
initiated an administrative review of the
AD order on PET resin from the Oman
with respect to OCTAL covering the
POR.1 On January 24, 2024, Commerce
extended the deadline for these
preliminary results to May 30, 2024.2
For a complete description of the
events that followed the initiation of
this review, see the accompanying
Preliminary Decision Memorandum.3 A
list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262, 44267 (July 12, 2023) (Initiation); see also
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) (Order). While Commerce initiated this
administrative review with respect to OCTAL and
OCTAL Inc., OCTAL Inc. is OCTAL’s affiliated U.S.
importer, and as such, Commerce should not have
included OCTAL Inc. in the Initiation. See
OCTAL’s Letter, ‘‘Section A Response of OCTAL
SAOC–FZC,’’ dated September 5, 2023, at 8.
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 24, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
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 (Preliminary
Decision Memorandum).
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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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
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 the 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).4 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by the Order is dispositive. For
a full description of the scope of the
Order, see Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751 (a)(1)(B)
the Act. We calculated export and
constructed export prices and NV in
accordance with sections 772 and 773 of
the Act, respectively. For a full
description of the methodology
underlying our preliminary results of
review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We are assigning the following
weighted-average dumping margin to
the company listed below for the period
May 1, 2022, through April 30, 2023:
Producer/exporter
Weighted-average
dumping margin
(percent)
OCTAL SAOC FZC .................
0.00
Disclosure
Commerce intends to disclose its
calculations for the preliminary results
of review to parties to the proceeding
within five days of any public
announcement or, if there is no public
4 Commerce added HTSUS subheadings
3907.61.0000, 3907.69.0000, 3907.61.0010,
3907.61.0050, 3907.69.0010, and 3907.69.0050 to
the scope after issuing the Order. See Polyethylene
Terephthalate Resin from the Sultanate of Oman:
Final Results of Antidumping Duty Administrative
Review; 2020–2021, 87 FR 75594 (December 9,
2022).
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48154
Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
announcement, within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
Verification
Commerce received a timely request
from DAK Americas LLC, Indorama
Ventures USA, Inc., and Nan Ya Plastics
Corporation, America (collectively, the
petitioners) to verify the information
submitted in this administrative review,
pursuant to 19 CFR 307(b)(1)(iv).5
Commerce does not intend to verify the
information submitted by the mandatory
respondent in the course of this
administrative review.
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice in
the Federal Register.6 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case briefs.7
Interested parties who submit case
briefs or rebuttal briefs in this review
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.8
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.9 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
5 See Petitioners’ Letter, ‘‘Petitioners’ Verification
Request,’’ dated October 18, 2023.
6 See 19 CFR 351.303 (for general filing
requirements).
7 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
8 See 19 351.309(c)(2) and (d)(2).
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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requirements pertaining to the service of
documents in 19 CFR 351.303(f).10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Requests for a hearing should
contain: (1) the requesting party’s name,
address, and telephone number; (2) the
number of individuals associated with
the requesting party that will attend the
hearing and whether any of those
individuals is a foreign national; and (3)
a list of the issues that the party intends
to discuss at the hearing. Issues raised
in the hearing will be limited to those
raised in the case and rebuttal briefs. An
electronically filed hearing request must
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice in the Federal
Register. If a hearing is requested,
Commerce will announce the date and
time of the hearing. Parties should
confirm the date and time of the hearing
two days before the scheduled hearing
date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.11
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of
merchandise covered by this review
shall be based on the final results of the
review.12 Therefore, upon issuance of
the final results of this review,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review in
accordance with 19 CFR 351.212(b)(1).
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
10 See APO and Service Final Rule, 88 FR at
67070.
11 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h)(1).
12 See section 751(a)(2)(C) of the Act.
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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).
We will calculate importer-specific
assessment rates for OCTAL, in
accordance with 19 CFR 351.212(b)(1).13
Because OCTAL reported entered values
for its sales, we will calculate importerspecific ad valorem assessment rates for
the company by dividing the total
amount of dumping calculated for all
reviewed U.S. sales to the importer by
the total entered value of the
merchandise sold to the importer.14
Where either OCTAL’s ad valorem
weighted-average dumping margin is
zero or de minimis, or an importerspecific ad valorem assessment rate is
zero or de minimis,15 we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
Pursuant to a refinement to
Commerce’s assessment practice, where
sales of subject merchandise that was
produced or exported by an
individually examined respondent were
not reported in the U.S. sales data
submitted by the respondent, but the
merchandise was entered for
consumption in the United States
during the POR, Commerce will instruct
CBP to liquidate any entries of such
merchandise at the all-others rate (i.e.,
7.62 percent) 16 if there is no rate for the
intermediate company(ies) involved in
the transaction.17
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for OCTAL will be
equal to the weighted-average dumping
margin established for the company in
the final results of this review, except if
the weighted-average dumping margin
13 We applied the assessment rate calculation
method 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).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.106(c)(2).
16 See Order, 81 FR at 27982.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
is less than 0.50 percent, and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), the cash deposit rate
will be zero; (2) for previously
investigated or reviewed companies that
are not covered by this review, the cash
deposit rate will continue to be the
company’s cash deposit rate from the
most recently completed segment of the
proceeding in which it was examined;
(3) if the exporter is not covered by this
review, and does not have a cash
deposit rate from a completed segment
of this proceeding, but the producer of
the subject merchandise does have a
cash deposit rate, then the cash deposit
rate will be the producer’s cash deposit
rate from the most recently completed
segment of the proceeding in which it
was examined; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 7.62 percent, the allothers rate established in the less-thanfair-value investigation.18 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
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
entries during this review period.
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
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
khammond on DSKJM1Z7X2PROD with NOTICES
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. 2024–12343 Filed 6–4–24; 8:45 am]
BILLING CODE 3510–DS–P
18 See
Order, 81 FR at 27982.
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Jkt 262001
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
American Climate Corps Recruitment
Form
Corporation for National and
Community Service.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The Corporation for National
and Community Service, operating as
AmeriCorps, has submitted a public
information collection request (ICR)
entitled American Climate Corps
Recruitment Form for review and
approval in accordance with the
Paperwork Reduction Act.
DATES: Written comments must be
submitted to the individual and office
listed in the ADDRESSES section by July
5, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Copies of this ICR, with applicable
supporting documentation, may be
obtained by calling AmeriCorps, Kelsey
Gerber, 202–967–5659, or by email at
kgerber@americorps.gov.
SUPPLEMENTARY INFORMATION: The OMB
is particularly interested in comments
which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of CNCS, including whether
the information will have practical
utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions;
• Propose ways to enhance the
quality, utility, and clarity of the
information to be collected; and
• Propose ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
SUMMARY:
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48155
Comments
A 60-day Notice requesting public
comment was published in the Federal
Register on March 15, 2024 at 89 FR
18913. This comment period ended May
14, 2024. Two public comments were
received from this Notice.
• Two commenters suggested
increasing the character limit for the
position description. AmeriCorps will
not incorporate this comment because,
while it understands the concern, the
agency is intentional about wanting
concise descriptions to avoid sharing
too much information on position
listings. The agency encourages
programs to use longer descriptions on
their own websites as part of the
application, rather than on ACC.gov.
ACC.gov points applicants to the
program websites for more detailed
information.
• Two commenters suggested
revisions to the process for collecting
information that would allow for editing
or reusing information about each
program. The agency will incorporate
this comment for future versions of the
form when the collection tool has the
technical capabilities to allow for this.
• One commenter suggested clearer
field descriptions for questions. The
agency will continue to improve field
descriptions for clarity in future
versions.
• One commenter suggested revisions
to the location category of the form so
that multiple locations can be selected.
AmeriCorps accepts this comment and
will work to offer this function,
technology permitting.
• One commenter suggested not using
the term ‘‘hourly pay.’’ The agency
accepts this comment and has revised
the field to ask for hourly pay
equivalent.
Title of Collection: American Climate
Corps Recruitment Form.
OMB Control Number: TBD. Type of
Review: New.
Respondents/Affected Public:
Businesses and Organizations.
Total Estimated Number of Annual
Responses: 300.
Total Estimated Number of Annual
Burden Hours: 200.
Abstract: This is a new information
collection. ACC.gov will be a
recruitment portal where American
Climate Corps programs can post
information about their service
opportunities, such as what the service
opportunity will be, where it will occur,
and how much it will pay. The
website’s intent is for the public to see
all available American Climate Corps
service opportunities in one central
location and to review a description of
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]]>Agencies
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48153-48155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12343]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that OCTAL SAOC FZC (OCTAL), the sole respondent subject to
this administrative review of the antidumping duty (AD) order on
polyethylene terephthalate resin (PET resin) from the Sultanate of Oman
(Oman), did not make sales of subject merchandise at less than normal
value (NV) during the period of review (POR) May 1, 2022, through April
30, 2023. Interested parties are invited to comment on the preliminary
results of this administrative s review.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or 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) 482-2769 and (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Based on timely requests for review, in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), on July
6, 2023, Commerce initiated an administrative review of the AD order on
PET resin from the Oman with respect to OCTAL covering the POR.\1\ On
January 24, 2024, Commerce extended the deadline for these preliminary
results to May 30, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44267 (July 12, 2023)
(Initiation); see also 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)
(Order). While Commerce initiated this administrative review with
respect to OCTAL and OCTAL Inc., OCTAL Inc. is OCTAL's affiliated
U.S. importer, and as such, Commerce should not have included OCTAL
Inc. in the Initiation. See OCTAL's Letter, ``Section A Response of
OCTAL SAOC-FZC,'' dated September 5, 2023, at 8.
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
24, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the accompanying Preliminary Decision
Memorandum.\3\ A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 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
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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 the 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).\4\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise covered by the
Order is dispositive. For a full description of the scope of the Order,
see Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ Commerce added HTSUS subheadings 3907.61.0000, 3907.69.0000,
3907.61.0010, 3907.61.0050, 3907.69.0010, and 3907.69.0050 to the
scope after issuing the Order. See Polyethylene Terephthalate Resin
from the Sultanate of Oman: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 75594 (December 9, 2022).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section 751
(a)(1)(B) the Act. We calculated export and constructed export prices
and NV in accordance with sections 772 and 773 of the Act,
respectively. For a full description of the methodology underlying our
preliminary results of review, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the company listed below for the period May 1, 2022, through April 30,
2023:
------------------------------------------------------------------------
Weighted-average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC FZC..................................... 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations for the preliminary
results of review to parties to the proceeding within five days of any
public announcement or, if there is no public
[[Page 48154]]
announcement, within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Verification
Commerce received a timely request from DAK Americas LLC, Indorama
Ventures USA, Inc., and Nan Ya Plastics Corporation, America
(collectively, the petitioners) to verify the information submitted in
this administrative review, pursuant to 19 CFR 307(b)(1)(iv).\5\
Commerce does not intend to verify the information submitted by the
mandatory respondent in the course of this administrative review.
---------------------------------------------------------------------------
\5\ See Petitioners' Letter, ``Petitioners' Verification
Request,'' dated October 18, 2023.
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice in the Federal Register.\6\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\7\ Interested
parties who submit case briefs or rebuttal briefs in this review must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule, 88 FR at 67070.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Requests for a hearing should contain: (1) the
requesting party's name, address, and telephone number; (2) the number
of individuals associated with the requesting party that will attend
the hearing and whether any of those individuals is a foreign national;
and (3) a list of the issues that the party intends to discuss at the
hearing. Issues raised in the hearing will be limited to those raised
in the case and rebuttal briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice in the Federal
Register. If a hearing is requested, Commerce will announce the date
and time of the hearing. Parties should confirm the date and time of
the hearing two days before the scheduled hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\11\
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\11\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\12\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review in accordance with 19 CFR 351.212(b)(1).
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\12\ See section 751(a)(2)(C) of the Act.
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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).
We will calculate importer-specific assessment rates for OCTAL, in
accordance with 19 CFR 351.212(b)(1).\13\ Because OCTAL reported
entered values for its sales, we will calculate importer-specific ad
valorem assessment rates for the company by dividing the total amount
of dumping calculated for all reviewed U.S. sales to the importer by
the total entered value of the merchandise sold to the importer.\14\
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\13\ We applied the assessment rate calculation method 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).
\14\ See 19 CFR 351.212(b)(1).
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Where either OCTAL's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\15\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\15\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption in the United States during the POR, Commerce will instruct
CBP to liquidate any entries of such merchandise at the all-others rate
(i.e., 7.62 percent) \16\ if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\16\ See Order, 81 FR at 27982.
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for OCTAL will be equal to the weighted-average
dumping margin established for the company in the final results of this
review, except if the weighted-average dumping margin
[[Page 48155]]
is less than 0.50 percent, and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), the cash deposit rate will be zero;
(2) for previously investigated or reviewed companies that are not
covered by this review, the cash deposit rate will continue to be the
company's cash deposit rate from the most recently completed segment of
the proceeding in which it was examined; (3) if the exporter is not
covered by this review, and does not have a cash deposit rate from a
completed segment of this proceeding, but the producer of the subject
merchandise does have a cash deposit rate, then the cash deposit rate
will be the producer's cash deposit rate from the most recently
completed segment of the proceeding in which it was examined; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 7.62 percent, the all-others rate established in the
less-than-fair-value investigation.\18\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See Order, 81 FR at 27982.
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Notification to Importers
This notice serves as a preliminary 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 entries during this review period. 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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
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. 2024-12343 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
