[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24585-24587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09716]


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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 and Preliminary 
Determination of No Shipments; 2019-2020

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

SUMMARY:  The Department of Commerce (Commerce) preliminarily 
determines that LG Chem, Ltd. (LG Chem) made sales of subject 
merchandise at less than normal value during the August 1, 2019, 
through July 31, 2020 period of review (POR). Commerce preliminarily 
determines that Aekyung Petrochemical Co., Ltd. (AKP) had no shipments 
of subject merchandise during the POR. Interested parties are invited 
to comment on these preliminary results of review.

DATES: Applicable May 7, 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 October 6, 2020, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the antidumping duty order on dioctyl 
terephthalate (DOTP) from the Republic of Korea (Korea), covering two 
companies: AKP and LG Chem.\1\ On January 22, 2021, LG Chem informed 
Commerce that it would not be participating in the review.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ See LG Chem's Letter, ``LG Chem's Decision to Stop 
Participating in AD Review,'' dated January 22, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
The Preliminary Decision Memorandum is a public document that 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 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 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 HTSUS 
classifications are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive. See the 
Preliminary Decision Memorandum for a full description of the scope of 
the order.

Preliminary Determination of No Shipments

    On November 5, 2020, AKP submitted a letter certifying that it had 
no exports, sales or entries of subject merchandise into the United 
States during the POR.\4\ U.S. Customs and Border Protection (CBP) 
provided no information to contradict these claims of no shipments 
during the POR.\5\ Therefore, we preliminarily determine that AKP had 
no shipments during the POR. Consistent with Commerce's practice, we 
will not rescind the review with respect to AKP, but rather will 
complete the review and issue appropriate liquidation instructions to 
CBP based on the final results.\6\ For further discussion,

[[Page 24586]]

see the Preliminary Decision Memorandum.
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    \4\ See AKP's Letter, ``Administrative Review of the Antidumping 
Order on Dioctyl Terephthalate from Korea for the 2019-20 Review 
Period--No Shipments Letter,'' dated November 5, 2020.
    \5\ See Memorandum, ``Dioctyl terephthalate from the Republic of 
Korea (A-580-889),'' dated January 5, 2021.
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to determine a weighted-average 
dumping margin for LG Chem in this review. Commerce preliminarily finds 
that necessary information is not available on the record, and that LG 
Chem 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, 
Commerce preliminarily determines that LG Chem failed to cooperate to 
the best of its ability, and thus, Commerce is applying facts available 
with adverse inferences (AFA) to LG Chem, in accordance with section 
776(b) of the Act. For a full description of the methodology underlying 
our conclusions regarding the application of AFA, see the Preliminary 
Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period August 1, 
2019, through July 31, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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LG Chem, Ltd...............................................       47.86
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review. 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\ If the preliminary 
results are unchanged for the final results, we will instruct CBP to 
apply an ad valorem assessment rate equal to LG Chem's weighted-average 
dumping margin in the final results of this review to all entries of 
subject merchandise during the period of review from LG Chem. For AKP, 
if we find that AKP had no shipments during the POR, then we will 
instruct CBP to liquidate any suspended entries associated with AKP 
pursuant to the reseller policy.\8\
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    \7\ See section 751(a)(2)(C) of the Act.
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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).

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 LG Chem will be 
equal to the weighted-average dumping margin 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 or reviewed 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 or a previously completed review, or in the original 
less-than-fair-value (LTFV) investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recent 
segment for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 3.69 
percent, the all-others rate established in the LTFV investigation.\9\
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    \9\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure and Public Comment

    Normally, Commerce discloses the calculations performed in 
connection with preliminary results to interested parties within five 
days after the date of public announcement or publication of this 
notice.\10\ Because Commerce preliminarily applied a rate based on AFA 
in accordance with section 776 of the Act, to the only respondent with 
shipments in this review, there are no calculations to disclose.
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    \10\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\11\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the time limit for filing case briefs.\12\ 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.\13\ Case and 
rebuttal briefs should be filed using ACCESS.\14\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ 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.\15\ 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, Commerce intends to hold 
the hearing at a time and date to be determined.\16\
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    \15\ See 19 CFR 351.310(c).
    \16\ Id.
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Final Results of Review

    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.\17\
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    \17\ 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

[[Page 24587]]

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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 3, 2021.
Christian Marsh,
Acting 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. Preliminary Determination of No Shipments
V. Application of Facts Available and Use of Adverse Inferences
VI. Recommendation

[FR Doc. 2021-09716 Filed 5-6-21; 8:45 am]
BILLING CODE 3510-DS-P