[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56171-56173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22872]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-559-808]
Acetone From Singapore: Final Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that acetone
from Singapore is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
January 1, 2018 through December 31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2019, Commerce published the Preliminary Determination
in the Federal Register.\1\ The petitioner in this investigation is the
Coalition for Acetone Fair Trade. The mandatory respondent in this
investigation is Mitsui Phenols Singapore Pte. Ltd. (Mitsui). We
provided interested parties an opportunity to comment on the
Preliminary Determination. We received no comments. Commerce conducted
this investigation in accordance with section 731 of the Tariff Act of
1930, as amended (the Act).
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\1\ See Acetone From Singapore: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, and Preliminary
Determination of No Shipments, 84 FR 38005 (August 5, 2019)
(Preliminary Determination), and accompanying memorandum, ``Decision
Memorandum for the Preliminary Determination in the Less-Than-Fair-
Value Investigation of Acetone from Singapore'' (PDM).
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Scope of the Investigation
The merchandise covered by this investigation is all grades of
liquid or aqueous acetone. Acetone is also known under the
International Union of Pure and Applied Chemistry (IUPAC) name propan-
2-one. In addition to the IUPAC name, acetone is also referred to as
[szlig]-ketopropane (or beta-ketopropane), ketone propane, methyl
ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-
propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether,
and pyroacetic spirit. Acetone is an isomer of the chemical formula
C3H6O, with a specific molecular formula of
CH3COCH3 or (CH3)2CO.
The scope covers both pure acetone (with or without impurities) and
acetone that is combined or mixed with other products, including, but
not limited to, isopropyl alcohol, benzene, diethyl ether, methanol,
chloroform, and ethanol. Acetone that has been combined with other
products is included within the scope, regardless of whether the
combining occurs in third countries.
The scope also includes acetone that is commingled with acetone
from sources not subject to this investigation.
For combined and commingled products, only the acetone component is
covered by the scope of this investigation. However, when acetone is
combined with acetone components
[[Page 56172]]
from sources not subject to this investigation, those third country
acetone components may still be subject to other acetone
investigations.
Notwithstanding the foregoing language, an acetone combination or
mixture that is transformed through a chemical reaction into another
product, such that, for example, the acetone can no longer be separated
from the other products through a distillation process (e.g., methyl
methacrylate (MMA) or Bisphenol A (BPA)), is excluded from this
investigation.
A combination or mixture is excluded from these investigations if
the total acetone component (regardless of the source or sources)
comprises less than 5 percent of the combination or mixture, on a dry
weight basis.
The Chemical Abstracts Service (CAS) registry number for acetone is
67-64-1.
The merchandise covered by this investigation is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or
mixtures of acetone may enter under subheadings in Chapter 38 of the
HTSUS, including, but not limited to, those under heading 3814.00.1000,
3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found
under these HTSUS subheadings is non-exhaustive. Although these HTSUS
subheadings and CAS registry number are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Scope Comments
Commerce did not receive any additional scope comments and has not
updated the scope of the investigation since the Preliminary
Determination.
Verification
Because the mandatory respondent in this investigation did not
provide necessary information requested by Commerce, we did not conduct
verification.
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Commerce has made no changes to the Preliminary Determination and
hereby adopts the determinations therein for purposes of our final
determination. We therefore continue to find that the application of
facts available with an adverse inference with respect to the examined
respondent, i.e., Mitsui, was warranted, in accordance with sections
776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.\2\
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\2\ See Preliminary Determination, 84 FR at 38006; see also PDM
at 3-6.
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All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the simple average of the two
dumping margins calculated for subject merchandise from Singapore
alleged in the petition,\3\ in accordance with section 735(c)(5)(B) of
the Act, and determined a rate of 66.42 percent. No parties commented
on this issue and we made no changes to the all-others rate for this
final determination.\4\
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\3\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping on Imports of Acetone from Belgium, Korea, Saudi Arabia,
Singapore, South Africa and Spain,'' dated February 19, 2019 (the
Petition) at Volume V; see also Petitioner's Letter, ``Acetone from
Singapore: Response to Questionnaire on Antidumping Petition,''
dated February 26, 2019; and the Singapore Initiation Checklist,
dated March 11, 2019.
\4\ See Preliminary Determination, 84 FR at 38006; see also PDM
at 8.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
dumping
Exporter/producer margin
(percent)
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Mitsui Phenols Singapore Pte. Ltd........................... 131.75
All Others.................................................. 66.42
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Disclosure
The estimated weighted-average dumping margin assigned to Mitsui in
this investigation in the Preliminary Determination was based on
adverse facts available, and Commerce described the method it used to
determine the adverse facts available rate in the Preliminary
Determination. As we have made no changes to this margin and continue
to apply adverse facts available in determining the rate for Mitsui, no
disclosure of calculations is necessary for this final determination.
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct U.S. Customs and Border Protection (CBP)
to require a cash deposit for such entries of merchandise equal to the
estimated weighted-average dumping margin as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final determination; (2) if the exporter is not a
respondent identified above but the producer is, then the cash deposit
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of acetone from Singapore no later
than 45 days after our final determination. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated, and all cash deposits will be refunded.
If the ITC determines that such injury does exist, Commerce intends to
issue an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
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 notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
These determinations are issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
[[Page 56173]]
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22872 Filed 10-18-19; 8:45 a.m.]
BILLING CODE 3510-DS-P