[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Pages 22136-22137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08414]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Final Results
of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers or exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
February 3, 2017 through July 31, 2018.
DATES: Applicable April 21, 2020.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Laura Griffith, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2019, Commerce published the Preliminary Results for
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results.\2\ This review covers three respondents:
Aekyung Petrochemical Co., Ltd. (AKP), Hanwha Chemical Corporation
(Hanwha Chemical), and LG Chem Ltd. (LG Chem). We received case briefs
from AKP and Hanwha Chemical on November 18, 2019.\3\ We received a
rebuttal brief from the Eastman Chemical Company (the petitioner) on
November 25, 2019.\4\ Commerce conducted this review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Dioctyl Terephthalate from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 55904 (October 18, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 84 FR at 55905.
\3\ See AKP's Letter, ``Administrative Review of Dioctyl
Terephthalate from Korea: Case Brief of Aekyung Petrochemical Co.,
Ltd.,'' dated November 18, 2019; see also Hanwha Chemical's Letter,
``Dioctyl Terephthalate (DOTP) from the Republic of Korea: Case
Brief,'' dated November 18, 2019.
\4\ See Petitioner's Letter, ``Rebuttal Case Brief; dioctyl
terephthalate (DOTP) from Korea,'' dated November 25, 2019.
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Scope of the Order
The merchandise covered by the order is dioctyl terephthalate
(DOTP), regardless of form. DOTP that has been blended with other
products is included within this scope when such blends include
constituent parts that have not been chemically reacted with each other
to produce a different product. For such blends, only the DOTP
component of the mixture is covered by the scope of this order.\5\
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\5\ For a full description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Finals Results
of the 2017-2018 Administrative Review of the Antidumping Duty Order
Covering Dioctyl Terephthalate from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Subject merchandise is currently classified under subheading
2917.39.2000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classification are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the accompanying
[[Page 22137]]
Issues and Decision Memorandum. A list of the issues which parties
raised, and to which we respond in the Issues and Decision Memorandum,
is attached at the appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the weighted-average dumping margin for AKP. For detailed
information, see the Issues and Decision Memorandum.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the respondents for the period February 3, 2017 through July
31, 2018:
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Weighted-average
Exporter or producer dumping margin
(percent)
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Aekyung Petrochemical Co., Ltd....................... 0.82
Hanwha Chemical Corporation.......................... 22.97
LG Chem Ltd.......................................... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of the
importer's sales in accordance with 19 CFR 351.212(b)(1).
Where the respondent's weighted-average dumping margin is either
zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for the companies listed above will
be equal to each company's weighted-average dumping margin established
in the final results of this administrative review; (2) for merchandise
exported by a producer or exporter not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer has been covered in a prior complete segment of this
proceeding, the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
3.69 percent,\6\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: April 15, 2020.
Christian B. Marsh,
Deputy Assistant Secretaryfor Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of Review
V. Discussion of the Issues
Comment 1: AKP's Differential Pricing Analysis
Comment 2: Errors in AKP's Preliminary Margin Calculations
Comment 3: Constructed Export Price Offset for Hanwha Chemical
VI. Recommendation
[FR Doc. 2020-08414 Filed 4-20-20; 8:45 am]
BILLING CODE 3510-DS-P