[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70146-70148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27533]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-559-808, A-469-819]
Acetone From Singapore and Spain: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on acetone from Singapore
and Spain.
DATES: Applicable December 20, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua DeMoss at (202) 482-3362
[[Page 70147]]
(Singapore) or Preston Cox at (202) 482-5041 (Spain), AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 21,
2019, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of acetone from Singapore
and Spain.\1\ On December 5, 2019, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act, by reason of the LTFV imports of acetone from Singapore and
Spain.\2\ The ITC published its final determinations on December 10,
2019.\3\
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\1\ See Acetone from Singapore: Final Determination of Sales at
Less Than Fair Value, 84 FR 56171 (October 21, 2019); see also
Acetone from Spain: Final Determination of Sales at Less Than Fair
Value, and Final Determination of No Shipments, 84 FR 56166 (October
21, 2019) (collectively, Final Determinations).
\2\ See ITC's Letter dated December 5, 2019 (ITC Notification
Letter).
\3\ See Acetone from Singapore and Spain; Determinations, 84 FR
67476 (December 10, 2019).
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Scope of the Orders
The merchandise covered by these orders is acetone from Singapore
and Spain. For a complete description of the scope of the orders, see
the Appendix to this notice.
Antidumping Duty Orders
On December 5, 2019, in accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of acetone from Singapore and Spain.\4\
Therefore, in accordance with sections 735(c)(2) and 736 of the Act,
Commerce is issuing these antidumping duty orders. Because the ITC
determined that imports of acetone from Singapore and Spain are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Singapore and Spain, which are entered or withdrawn
from warehouse for consumption, are subject to the assessment of
antidumping duties.
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\4\ See ITC Notification Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of acetone from
Singapore and Spain. Antidumping duties will be assessed on
unliquidated entries of acetone from Singapore and Spain entered, or
withdrawn from warehouse, for consumption on or after August 31, 2018,
the date of publication of the Preliminary Determinations,\5\ but will
not include entries occurring after the expiration of the provisional
measures period and before publication in the Federal Register of the
ITC's injury determination, as further described below.
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\5\ See Acetone from Singapore: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 84 FR 38005 (August
5, 2019); Acetone from Spain: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, and Preliminary Determination of
No Shipments, 84 FR 37990 (August 5, 2019) (collectively,
Preliminary Determinations).
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., acetone from Singapore and Spain), effective on the date of
publication of the ITC final determinations in the Federal Register,
and to assess, upon further instruction by Commerce pursuant to section
736(a)(1) of the Act, antidumping duties for each entry of the subject
merchandise equal to the amount by which the normal value of the
merchandise exceeds the export price or constructed export price of the
merchandise, adjusted by the amount of export subsidies, where
appropriate. We intend to instruct CBP to require, at the same time as
importers would normally deposit estimated import duties on this
merchandise, cash deposits for each entry of subject merchandise equal
to the estimated weighted-average dumping margins listed below. These
instructions suspending liquidation will remain in effect until further
notice. The all-others rates apply to all other producers or exporters
not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Singapore
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Mitsui Phenols Singapore Pte. Ltd........................... 131.75
All Others.................................................. 66.42
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Spain
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CEPSA Quimica, S.A.......................................... 171.81
All Others.................................................. 137.39
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. Commerce's Preliminary Determinations were
published on August 5, 2019.\6\ Commerce's Final Determinations were
not extended and were published on October 21, 2019.\7\ As such, the
four-month period beginning on the date of publication of the
Preliminary Determinations ended on December 3, 2019.
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\6\ See Preliminary Determinations.
\7\ See Final Determinations.
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Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation, and to
liquidate, without regard to antidumping duties, unliquidated entries
of acetone from Singapore and Spain entered or withdrawn from warehouse
for consumption after December 3, 2019, the date on which the
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
acetone from Singapore and Spain pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
[[Page 70148]]
Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders 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.
[FR Doc. 2019-27533 Filed 12-19-19; 8:45 am]
BILLING CODE 3510-DS-P