[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55904-55906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22776]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV) during 
the February 3, 2017 through July 31, 2018 period of review (POR). 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable October 18, 2019.

FOR FURTHER INFORMATION CONTACT: Laura Griffith, Laurel LaCivita, or 
Jean Valdez, 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-
6430, (202) 482-4243, or (202) 482-3855, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2018, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty (AD) order on dioctyl terephthalate 
(DOTP) from the Republic of Korea (Korea), covering three companies: 
Aekyung Petrochemical Co., Ltd. (AKP), LG Chem Ltd. (LG Chem), and 
Hanwha Chemical Corporation (Hanwha Chemical).\1\ Commerce exercised 
its discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018 through the resumption of 
operations on January 28, 2019.\2\ On May 23, 2019, we further extended 
the deadline for the preliminary results in this review to no later 
than October 10, 2019.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation 
Notice).
    \2\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days. This extended the initial deadline 
for the preliminary results of this review to June 12, 2019.
    \3\ See Memorandum, ``Dioctyl Terephthalate from the Republic of 
Korea: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated May 23, 2019.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2017-2018 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 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. 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

[[Page 55905]]

written description of the scope of this order is dispositive.\5\
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    \5\ See Preliminary Decision Memorandum for a full description 
of the scope of the order.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (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, 
and to all parties in the Central Records Unit, Room B8024 of the main 
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 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.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period February 3, 
2017 through July 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd..............................        0.85
Hanwha Chemical Corporation.................................       22.97
LG Chem, Ltd................................................        0.00
------------------------------------------------------------------------

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 above de minimis (i.e., 0.50 percent), 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).\6\ 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. The final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by this review where applicable.
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    \6\ 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).
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    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. 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.\7\
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    \7\ 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 review, 
or the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent segment for the manufacturer of the merchandise; and 
(4) the cash deposit rate for all other manufacturers or exporters will 
continue to be 3.69 percent, the all-others rate established in the 
LTFV investigation.\8\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \8\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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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.\9\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\10\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the time limit for filing case briefs.\11\ 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.\12\ Case and rebuttal 
briefs should be filed using ACCESS.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ 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.\14\ 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, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401

[[Page 55906]]

Constitution Avenue NW, Washington, DC 20230.\15\
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    \14\ See 19 CFR 351.310(c).
    \15\ 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.\16\
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    \16\ 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 10, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Product Comparisons
VII. U.S. Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2019-22776 Filed 10-17-19; 8:45 am]
BILLING CODE 3510-DS-P