[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 37990-37992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16660]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-819]


Acetone From Spain: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, and Preliminary Determination of No 
Shipments

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that acetone from Spain is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2018 through December 31, 2018. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable August 5, 2019.

FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-5041.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 18, 
2019.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. 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, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \1\ See Acetone from Belgium, the Republic of Korea, the Kingdom 
of Saudi Arabia, Singapore, the Republic of South Africa, and Spain: 
Initiation of Less-Than-Fair-Value Investigations, 84 FR 9755 (March 
18, 2019) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Acetone 
from Spain'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is acetone from Spain. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations, the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope). Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\3\
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    \3\ See Memorandum, ``Acetone from Belgium, Korea, Singapore, 
South Africa, and Spain: Scope Comments Preliminary Decision 
Memorandum,'' dated July 29, 2019.
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    In accordance with the comments discussed below, Commerce is adding 
a five percent ``threshold'' to the scope description. In accordance 
with the threshold, a product is excluded from the scope of this 
investigation if the total acetone component of the product (regardless 
of the source or sources) comprises less than five percent of the 
product on a dry weight basis. Additionally, Commerce has added an 
illustrative list of subheadings under Chapter 38 of the HTSUS that may 
include subject acetone. Finally, Commerce has made other non-
substantive revisions to the language of the scope in order to improve 
clarity.

[[Page 37991]]

    See the revised scope in Appendix I to this notice.

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available, with 
adverse inferences for CEPSA Quimica, S.A. (CEPSA). For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On March 25, 2019, Industrias Quimicas del Oxido de Etileno, S.A. 
(IQOXE), one of the two Spanish producers/exporters named in the 
petition,\4\ timely filed a statement reporting that it had ``no 
exports, shipments, or sales'' of subject merchandise to the United 
States during the POI.\5\ Subsequently, to confirm the accuracy of 
IQOXE's statements, Commerce queried U.S. Customs and Border Protection 
(CBP) data for entries of subject merchandise by IQOXE during the 
POI.\6\ On April 19, Commerce confirmed in a memorandum that IQOXE made 
no shipments of acetone during the POI.\7\ Furthermore, there is no 
evidence on the record indicating that IQOXE is affiliated with CEPSA 
or any producers/exports of the subject merchandise. Accordingly, 
Commerce preliminarily determines that IQOXE had no sales of subject 
merchandise during the POI, and therefore we preliminarily determine 
not to further examine IQOXE as part of this investigation. As such, 
any entries of subject merchandise exported by IQOXE will be subject to 
the all-others rate. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
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    \4\ See the Petitions for the Imposition of Antidumping on 
Imports of Acetone from Belgium, Korea, Saudi Arabia, Singapore, 
South Africa and Spain, dated February 19, 2019 (the Petition), 
Volume I at 8, 31 and Exhibit I-10.
    \5\ See Letter, ``Acetone from Spain: First Supplemental 
Questionnaire,'' dated March 25, 2019.
    \6\ See Memorandum, ``No Shipment Inquiry With Respect to the 
Company Below During the Period 01/01/2018-12/31/2018,'' dated April 
16, 2019.
    \7\ Id.
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All-Others Rate

    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all-other producers or exporters.
    Commerce has preliminarily determined the estimated weighted-
average dumping margin for the individually examined respondent (i.e., 
CEPSA) entirely under section 776 of the Act. Consequently, pursuant to 
section 735(c)(5)(B) of the Act, Commerce's normal practice under these 
circumstances has been to calculate the all-others rate as a simple 
average of the alleged dumping margins from the petition.\8\ For a full 
description of the methodology underlying Commerce's analysis, see the 
Preliminary Decision Memorandum.
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    \8\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                    Exporter/producer                     dumping margin
                                                             (percent)
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CEPSA Quimica, S.A......................................          171.81
All Others..............................................          137.39
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct CBP to suspend liquidation of entries of subject merchandise, as 
described in Appendix I, entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the estimated dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent 
listed above will be equal to the company-specific estimated dumping 
margin determined in this preliminary 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 company-specific 
estimated 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 dumping margin.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the individually examined company (i.e., CEPSA) in this 
investigation, in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the highest margin alleged in the 
petition, there are no calculations to disclose.

Verification

    Because the examined respondent in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines the examined respondent has been uncooperative, we will not 
conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit.\9\ Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than five 
days after the deadline date for case briefs.\10\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation 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.
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    \9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements). Commerce has exercised its discretion 
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission 
of case briefs.
    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).

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[[Page 37992]]

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: July 29, 2019.
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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Preliminary Determination of No Shipments
VII. Application of Facts Available and Use of Adverse Inference
VIII. All-Others Rate
IX. Verification
X. Conclusion

[FR Doc. 2019-16660 Filed 8-2-19; 8:45 am]
 BILLING CODE 3510-DS-P