[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8249-8251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02908]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-814]
Acetone From Belgium: 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 imports
of acetone from Belgium are being, or are
[[Page 8250]]
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI) is January 1, 2018 through
December 31, 2018. The final weighted-average dumping margins are
listed below in the section entitled ``Final Determination Margins.''
DATES: Applicable February 13, 2020.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2019, Commerce published in the Federal Register
the preliminary affirmative determination of sales at LTFV, the
postponement of the final determination, and the extension of
provisional measures, in the antidumping duty (AD) investigation of
acetone from Belgium.\1\ Commerce invited comments from interested
parties on the Preliminary Determination.\2\ INEOS Europe AG (INEOS
Europe) filed a case brief, and the petitioner \3\ filed a rebuttal
brief.\4\ A summary of the events that occurred since Commerce
published the Preliminary Determination, as well as a full discussion
of the issues raised by interested parties for this final
determination, may be found in the Issues and Decision Memorandum.\5\
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 Service System (ACCESS).
ACCESS is available to registered users at http://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 Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\1\ See Acetone from Belgium: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
49999 (September 24, 2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 84 FR at 50000; see also
Memorandum, ``Antidumping Duty Investigation of Acetone from
Belgium: Briefing Schedule,'' dated December 30, 2019.
\3\ The petitioner is the Coalition for Acetone Fair Trade, the
members of the Coalition for Acetone Fair Trade are AdvanSix Inc.,
Altivia Petrochemicals, LLC, and Olin Corporation.
\4\ See INEOS Europe's Letter, ``Acetone from Belgium: Case
Brief,'' dated January 7, 2020; see also Petitioner's Letter,
``Acetone from Belgium: Petitioners' Rebuttal Brief,'' dated January
13, 2020.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Acetone from Belgium,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is acetone from Belgium.
Commerce did not receive any scope comments subsequent to the
Preliminary Determination and, therefore, the scope has not been
updated since the Preliminary Determination. For a complete description
of the scope of this investigation, see Appendix I.
Period of Investigation
The POI is January 1, 2018 through December 31, 2018.
Verification
As provided in section 782(i) of the Act, we conducted the cost and
sales verifications in Antwerp, Belgium, and Mobile, Alabama, between
November 4 and December 6, 2019. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by the
respondents.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
For a list of the issues raised and addressed in the Issues and
Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for INEOS Europe. Accordingly, the all-others
rate in this investigation is the weighted-average dumping margin
calculated for INEOS Europe.
Final Determination Margins
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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INEOS Europe AG......................................... 28.10
All Others.............................................. 28.10
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Disclosure
We will disclose to interested parties the calculations performed
in this final determination within five days of any public announcement
of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of acetone from Belgium,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after September 24,
2019, the date of publication of the Preliminary Determination.
Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19
CFR 351.210(d), Commerce will instruct 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.
[[Page 8251]]
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. 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)(B) 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 of acetone from
Belgium 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
will 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, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as the only reminder to parties, subject to
administrative protective order (APO), of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction or 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 this determination and notice in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: February 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Adjust Ineos Europe's Tolling
Costs
Comment 2: Whether Commerce Should Use Ineos Europe's Actual
Demurrage Expenses
V. Recommendation
[FR Doc. 2020-02908 Filed 2-12-20; 8:45 am]
BILLING CODE 3510-DS-P