[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56166-56168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22879]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-819]


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

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

SUMMARY: The Department of Commerce (Commerce) 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.

DATES: Applicable October 21, 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

    On August 5, 2019, Commerce published the Preliminary Determination 
in the Federal Register.\1\ The petitioner in this investigation is the 
Coalition for Acetone Fair Trade. Commerce individually examined CEPSA 
Quimica, S.A. (CEPSA) in this investigation. We provided interested 
parties an opportunity to comment on the Preliminary Determination. We 
received no comments. Commerce conducted this investigation in 
accordance with section 731 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Acetone From Spain: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, and Preliminary 
Determination of No Shipments, 84 FR 37990 (August 5, 2019) 
(Preliminary Determination), and accompanying memorandum, ``Decision 
Memorandum for the Preliminary Determination in the Less-Than-Fair-
Value Investigation of Acetone from Spain'' (PDM).
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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

[[Page 56167]]

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.

Scope Comments

    Commerce did not receive any additional scope comments and has not 
updated the scope of the investigation since the Preliminary 
Determination.

Verification

    Because the mandatory respondent in this investigation did not 
provide necessary information requested by Commerce, we did not conduct 
verification.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Commerce has made no changes to the Preliminary Determination and 
hereby adopts the determinations therein for purposes of our final 
determination. We therefore continue to find that the application of 
facts available with an adverse inference with respect to the examined 
respondent, i.e., CEPSA, was warranted, in accordance with sections 
776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.\2\
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    \2\ See Preliminary Determination, 84 FR at 37991; see also PDM 
at 3-8.
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Final Determination of No Shipments

    In our Preliminary Determination, we found that Industrias Quimicas 
del Oxido de Etileno, S.A. (IQOXE) had no sales or shipments of subject 
merchandise during the POI, and, therefore, we determined not to 
further examine IQOXE as part of this investigation.\3\ Commerce 
received no comments regarding this issue after the Preliminary 
Determination. Thus, for this final determination, we continue to find 
that IQOXE had no sales of subject merchandise during the POI. As such, 
any entries of subject merchandise exported by IQOXE will be subject to 
the all-others rate.
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    \3\ See Preliminary Determination, 84 FR at 37991; see also PDM 
at 3.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the simple average of the two 
dumping margins calculated for subject merchandise from Spain alleged 
in the petition,\4\ in accordance with section 735(c)(5)(B) of the Act, 
and determined a rate of 137.39 percent. No parties commented on this 
issue and we made no changes to the all-others rate for this final 
determination.\5\
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    \4\ See Petitioner's Letter, ``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) at Volume VII; see also Petitioner's Letter, ``Acetone 
from Spain: Response to Questionnaire on Antidumping Petition,'' 
dated February 26, 2019; and the Spain Initiation Checklist, dated 
March 11, 2019.
    \5\ See Preliminary Determination, 84 FR at 37991; see also PDM 
at 8-9.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

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

Disclosure

    The estimated weighted-average dumping margin assigned to CEPSA in 
this investigation in the Preliminary Determination was based on 
adverse facts available, and Commerce described the method it used to 
determine the adverse facts available rate in the Preliminary 
Determination. As we have made no changes to this margin and continue 
to apply adverse facts available in determining the rate for CEPSA, no 
disclosure of calculations is necessary for this final determination.

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct U.S. Customs and Border Protection (CBP) 
to require a cash deposit for such entries of merchandise equal to the 
estimated weighted-average dumping margin as follows: (1) The cash 
deposit rate for the respondent listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final 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 respondent-specific estimated weighted-
average 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 weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of acetone from Spain no later 
than 45 days after our final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated, and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, Commerce intends to 
issue an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

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with 19 CFR 351.305(a)(3). Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22879 Filed 10-18-19; 8:45 a.m.]
BILLING CODE 3510-DS-P