[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Pages 39409-39410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17627]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Department) and the International Trade Commission (ITC), the
Department is issuing an antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic of Korea (Korea).
DATES: August 18, 2017.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita at (202) 482-4243 or
Shanah Lee at (202) 482-6386, AD/CVD Operations, Office III,
Enforcement and Compliance, 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 (Act), on June 26, 2017, the Department published
its affirmative final determination in the less than fair value (LTFV)
investigation of DOTP from Korea.\1\ On August 9, 2017, the ITC
notified the Department of its final affirmative determination,
pursuant to section 735(d) of the Act, that an industry in the United
States is materially injured by reason of LTFV imports of DOTP from
Korea, within the meaning of section 735(b)(1)(A)(i) of the Act.\2\
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\1\ See Dioctyl Terephthalate From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 82 FR 28824 (June 26, 2017)
(Final Determination).
\2\ See Letter to Gary Taverman, Acting Assistant Secretary,
from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade
Commission, regarding the antidumping duty investigation concerning
imports of dioctyl terephthalate from the Republic of Korea
(Investigation Nos 701-TA-1330), dated August 9, 2017 (ITC Letter).
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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.
DOTP that is otherwise subject to this order is not excluded when
commingled with DOTP from sources not subject to this order. Commingled
refers to the mixing of subject and non-subject DOTP. Only the subject
component of such commingled products is covered by the scope of the
order.
DOTP has the general chemical formulation
C6H4(C8H17COO)2
and a
[[Page 39410]]
chemical name of ``bis (2-ethylhexyl) terephthalate'' and has a
Chemical Abstract Service (CAS) registry number of 6422-86-2.
Regardless of the label, all DOTP is covered by 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 written description of the scope of this order is
dispositive.
Antidumping Duty Order
As stated above, on August 9, 2017, in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the ITC has notified the
Department of its final determination that the industry in the United
States producing is materially injured by reason of the LTFV imports od
DOTP from Korea.\3\ Therefore, in accordance with section 735(c)(2) of
the Act, we are issuing this antidumping duty order. Because the ITC
determined that imports of DOTP from Korea are materially injuring a
U.S. industry, unliquidated entries of such merchandise from Korea,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\3\ Id.
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As a result of the ITC's final affirmative determination, in
accordance with section 736(a)(1) of the Act, the Department will
direct U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by the Department, 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 DOTP from Korea. Antidumping duties will be assessed on
unliquidated entries of DOTP from Korea entered, or withdrawn from
warehouse, for consumption on or after February 3, 2017, the date of
publication of the Preliminary Determination,\4\ but will not include
entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final injury determination
in the Federal Register, should such entries exist, as further
described below.
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\4\ See Dioctyl Terephthalate from the Republic of Korea:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value, Negative Preliminary Determination of Critical Circumstances,
and Postponement of Final Determination, 82 FR 9195 (February 3,
2017) (Preliminary Determination).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all relevant entries
of DOTP from Korea. These instructions suspending liquidation will
remain in effect until further notice.
The Department will also instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit rate equal
to the estimated weighted-average antidumping duty margins listed
below.\5\ The ``all-others'' rate applies to all producers or exporters
not specifically listed.
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\5\ See Section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of DOTP from Korea, the Department extended the four-month
period to six months.\6\ The Department published the Preliminary
Determination in this investigation on February 3, 2017.\7\ Therefore,
the extended period, beginning on the date of the publication of the
Preliminary Determination, ended on August 1, 2017. Furthermore,
section 737(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
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\6\ See Preliminary Determination.
\7\ Id.
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Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ the Department will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of DOTP from Korea entered, or
withdrawn from warehouse, for consumption after August 1, 2017, the
date on which the provisional measures expired, until and through
August 14, 2017, the day preceding the date of publication of the ITC's
final injury determination in the Federal Register.\9\
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products From
India, Italy, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016).
\9\ See Dioctyl Terephthalate (DOTP) From Korea; Determination,
82 FR 38708 (August 15, 2017).
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Estimated Weighted-Average Antidumping Duty Margins
The weighted-average antidumping duty margin percentages are as
follows:
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Weighted-
average
Exporter/producer margins
(percent)
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Aekyung Petrochemical Co., Ltd.............................. 4.08
LG Chem, Ltd................................................ 2.71
All-Others.................................................. 3.69
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
DOTP from Korea 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.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: August 15, 2017.
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.
[FR Doc. 2017-17627 Filed 8-17-17; 8:45 am]
BILLING CODE 3510-DS-P