[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18509-18511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


Dioctyl Terephthalate From the Republic of Korea: Final Results 
of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY:  The Department of Commerce (Commerce) determines that Hanwha 
Chemical Corporation, a producer or exporter subject to this review, 
made sales of subject merchandise at less than normal value during the 
period of review (POR), August 1, 2018, through July 31, 2019. Commerce 
determines that Hanwha Chemical Corporation (Hanwha Chemical) made 
sales of subject merchandise at less than normal value during the POR, 
and that Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem, Ltd. (LG 
Chem), did not make sales of subject merchandise at less than normal 
value during the POR.

DATES: Applicable April 9, 2021.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, 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) 482-4243 or (202) 
482-0012, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 23, 2020, Commerce published the Preliminary Results 
for

[[Page 18510]]

this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results.\2\ This review covers three respondents: 
AKP, Hanwha Chemical, and LG Chem. No interested party submitted 
comments on the Preliminary Results. Accordingly, the final results 
remain unchanged from the Preliminary Results. Commerce conducted this 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See Dioctyl Terephthalate from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 83894 (December 23, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 85 FR at 83895.
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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 
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.
    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.

Application of Adverse Facts Available

    For these final results, we continue to find that Hanwha Chemical 
withheld information requested by Commerce, failed to provide the 
requested information in the form and manner requested, and 
significantly impeded the proceeding, warranting a determination on the 
basis of the facts available under section 776(a) of the Act. Further, 
we continue to find that Hanwha Chemical failed to cooperate to the 
best of its ability pursuant to section 776(b) of the Act. Therefore, 
we continue to find that the application of adverse facts available, 
pursuant to sections 776(a) and (b) of the Act, is warranted with 
respect to Hanwha Chemical.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period August 1, 2018, through July 
31, 2019:

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

Disclosure

    As noted above, Commerce received no comments on its Preliminary 
Results. As a consequence, we have not modified our analysis, and will 
not issue a decision memorandum to accompany this Federal Register 
notice. Further, because we have not changed our calculations since the 
Preliminary Results, there are no new calculations to disclose in 
accordance with 19 CFR 351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of the 
importer's sales in accordance with 19 CFR 351.212(b)(1).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\3\
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    \3\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
under review and for future cash deposits of estimated duties, where 
applicable. Consistent with its recent notice,\4\ Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \4\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective for all shipments of 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 the companies listed above will be equal to each company's 
weighted-average dumping margin established in the final results of 
this administrative review (except if that rate is de minimis, in which 
situation the cash deposit rate will be zero); (2) for merchandise 
exported by a producer or exporter not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the

[[Page 18511]]

most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation but the producer 
has been covered in a prior complete segment of this proceeding, the 
cash deposit rate will be the company-specific rate established for the 
most recent period for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
3.69 percent,\5\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \5\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-07304 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P