[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83894-83896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28335]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hanwha Chemical Corporation (Hanwha Chemical) made sales of
subject merchandise at less than normal value (NV) during the August 1,
2018 through July 31, 2019 period of review (POR). Commerce
preliminarily determines that sales of subject merchandise have not
been made below NV by Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem
Ltd. (LG Chem) during the POR. Interested parties are invited to
comment on these preliminary results of review.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, 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)
482-0012, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic of Korea (Korea), covering three
companies: AKP, Hanwha Chemical, and LG Chem.\1\ Hanwha Chemical
informed Commerce that it would not be participating in the review on
January 3, 2020.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
\2\ See Memorandum, ``Notification from Hanwha Chemical Corp.
Regarding Decision to Not Participate in the 2018-2019
Administrative Review of Dioctyl Terephthalate from the Republic of
Korea,'' dated January 6, 2020.
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On April 21, 2020, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), Commerce extended the
preliminary results deadline by 118 days.\3\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days.\4\
On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by an additional 60 days.\5\ The deadline for these preliminary
results is now December 16, 2020.
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\3\ See Memorandum, ``Dioctyl Terephthalate from the Republic of
Korea: Extension of Deadline for Preliminary Results of the 2018-
2019 Antidumping Duty Administrative Review,'' dated April 21, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 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 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 Chemical Abstract
Service (CAS) registry number and HTSUS classification are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive. See the Preliminary Decision Memorandum
for a full description of the scope of the order.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of 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. 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.
Application of Facts Available with Adverse Inferences
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to determine a weighted-average
dumping margin for Hanwha Chemical in this review. Commerce
preliminarily finds that necessary information is not available on the
record, and that Hanwha Chemical withheld information requested by
Commerce, failed to provide the requested information in the form and
manner requested, and significantly impeded the proceeding, warranting
a determination on the basis of the facts available under section
776(a) of the Act. Further, Commerce preliminarily determines that
Hanwha Chemical failed to cooperate to the best of its ability, and
thus, Commerce is applying facts available with adverse inferences
(AFA) to Hanwha Chemical, in accordance with section 776(b) of the Act.
For a full description of the methodology underlying our conclusions
regarding the application of AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period August 1,
2018 through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
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Aekyung Petrochemical Co., Ltd.............................. 0.00
[[Page 83895]]
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 not zero or de minimis (i.e., less than 0.50 percent)
or not based entirely on AFA, 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).\7\ 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. 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.\8\ Further, because Hanwha Chemical withdrew its
participation from this review, we will instruct CBP to apply an
assessment rate equal to the dumping margin of 22.97 percent, as
indicated above, to all entries produced and/or exported by Hanwha
Chemical. 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.\9\
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\7\ 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).
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\9\ 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 or a
previously completed review, or in the original less-than-fair-value
(LTFV) investigation, but the producer is, the cash deposit rate will
be the rate established for the most recent segment for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 3.69 percent, the all-others rate
established in the LTFV investigation.\10\
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\10\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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.\11\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\12\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit for filing case briefs.\13\ 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.\14\ Case and rebuttal
briefs should be filed using ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ 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.\16\ 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, Commerce intends to hold
the hearing at a time and date to be determined.\17\
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\16\ See 19 CFR 351.310(c).
\17\ 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.\18\
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\18\ 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 83896]]
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-28335 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P