[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]


=======================================================================
-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \5\ See Section 736(a)(3) of the Act.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \6\ See Preliminary Determination.
    \7\ Id.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Estimated Weighted-Average Antidumping Duty Margins

    The weighted-average antidumping duty margin percentages are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margins
                                                               (percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd..............................        4.08
LG Chem, Ltd................................................        2.71
All-Others..................................................        3.69
------------------------------------------------------------------------

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