[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55904-55906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22776]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the February 3, 2017 through July 31, 2018 period of review (POR).
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable October 18, 2019.
FOR FURTHER INFORMATION CONTACT: Laura Griffith, Laurel LaCivita, or
Jean Valdez, 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-
6430, (202) 482-4243, or (202) 482-3855, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2018, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty (AD) order on dioctyl terephthalate
(DOTP) from the Republic of Korea (Korea), covering three companies:
Aekyung Petrochemical Co., Ltd. (AKP), LG Chem Ltd. (LG Chem), and
Hanwha Chemical Corporation (Hanwha Chemical).\1\ Commerce exercised
its discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 28, 2019.\2\ On May 23, 2019, we further extended
the deadline for the preliminary results in this review to no later
than October 10, 2019.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days. This extended the initial deadline
for the preliminary results of this review to June 12, 2019.
\3\ See Memorandum, ``Dioctyl Terephthalate from the Republic of
Korea: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated May 23, 2019.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2017-2018 Antidumping Duty Administrative Review:
Dioctyl Terephthalate from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by this 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. 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
[[Page 55905]]
written description of the scope of this order is dispositive.\5\
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\5\ See Preliminary Decision Memorandum for a full description
of the scope of the order.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
We calculated export price and constructed export price in accordance
with section 772 of the Act. We calculated NV in accordance with
section 773 of the Act. For a full description of the methodology
underlying our calculations, see the Preliminary Decision Memorandum.
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,
and to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
the Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period February 3,
2017 through July 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Aekyung Petrochemical Co., Ltd.............................. 0.85
Hanwha Chemical Corporation................................. 22.97
LG Chem, Ltd................................................ 0.00
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\6\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. If a respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by this review where applicable.
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\6\ In these preliminary results, Commerce applied the
assessment rate calculation methodology 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).
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In accordance with our practice, for entries of subject merchandise
during the POR for which a respondent did not know that the merchandise
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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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 the 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 each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent segment for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 3.69 percent, the all-others rate established in the
LTFV investigation.\8\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\10\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than five days after
the time limit for filing case briefs.\11\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\12\ Case and rebuttal
briefs should be filed using ACCESS.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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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. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\14\ Hearing 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.
Issues raised in the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401
[[Page 55906]]
Constitution Avenue NW, Washington, DC 20230.\15\
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\14\ See 19 CFR 351.310(c).
\15\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 10, 2019.
Christian Marsh,
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. Date of Sale
VI. Product Comparisons
VII. U.S. Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2019-22776 Filed 10-17-19; 8:45 am]
BILLING CODE 3510-DS-P