[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20122-20124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07044]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-899]


Acetone From the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Kumho P&B Chemicals, Inc. (KPB) and LG Chem, Ltd. (LG Chem), did 
not make sales of subject merchandise at less than normal value during 
the period of review (POR) March 1, 2021, through February 28, 2022. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION: 

Background

    On April 27, 2021, Commerce published the antidumping duty order on 
acetone from Belgium, the Republic of South Africa, and the Republic of 
Korea (Korea).\1\ In accordance with section 751(a)(1) of the Tariff 
Act of 1930, as amended (the Act), Commerce is conducting an 
administrative review of the Order. On May 13, 2022, in accordance with 
19 CFR 251.221(c)(1)(i), we initiated the administrative review of the 
Order covering KBP and LG Chem.\2\ For a complete description of the 
events between the initiation of this review and these preliminary 
results, see the Preliminary Decision Memorandum.\3\
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    \1\ See Acetone from Belgium, the Republic of South Africa, and 
the Republic of Korea: Antidumping Duty Orders, 85 FR 17866 (March 
31, 2020) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280 (May 13, 2022).
    \3\ See Memorandum, ``Acetone from the Republic of Korea: 
Decision Memorandum for the Preliminary Results of the Antidumping 
Duty Administrative Review; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).

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[[Page 20123]]

Scope of the Order

    The merchandise subject to the Order is acetone from Korea. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\4\
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    \4\ Id. at ``Scope of the Order.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. We calculated export price in accordance with 
section 772(a) of the Act. We calculated normal value in accordance 
with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is available to the public 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, the signed Preliminary Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins for the period March 1, 2021, through February 28, 2022.

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kumho P&B Chemicals, Inc....................................        0.00
LG Chem, Ltd................................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs to Commerce no 
later than 30 days after the date of publication of this notice.\5\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.\7\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Standard Time within 30 
days after the date of publication of this notice. Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; (3) whether any participant is a foreign 
national; and (4) a list of issues the party intends to discuss. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\8\
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    \8\ See 19 CFR 351.310(c).
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    All submissions should be filed using ACCESS,\9\ and must be served 
on interested parties.\10\ Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\11\
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    \9\ See 19 CFR 351.303.
    \10\ See 19 CFR 351.303(f).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this administrative 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).
    If KBP's or LG Chem's weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.50 percent), upon completion of the 
final results, Commerce intends to calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales to the total 
entered value of those sales. Where we do not have entered values for 
all U.S. sales to a particular importer, we will calculate an importer-
specific, per-unit assessment rate on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total quantity of those sales.\12\ To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either KBP's and LG Chem's weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis, we will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\13\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
either KBP or LG Chem for which it did not know that the merchandise it 
sold to the intermediary (e.g., reseller, trading company, or exporter) 
was destined for the United States, we will instruct CBP to liquidate 
such entries at the all-others rate \14\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\15\ 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

[[Page 20124]]

deposits of estimated antidumping duties, where applicable.\16\
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    \14\ See Order.
    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \16\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for 
KBP and LG Chem will be equal to the weighted-average dumping margin 
established in the final results of this review for each respondent 
(except, if that rate is de minimis, then the cash deposit rate will be 
zero); (2) for producers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered in this review or a 
prior segment of the proceeding but the producer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 33.10 percent, the all-others rate 
established in the less-than-fair-value investigation.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Order, 85 FR at 17866.
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Notification to Importers

    This notice serves as a preliminary 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 to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: March 29, 2023.
Abdelali Elouaradia,
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. Affiliation
V. Discussion of the Methodology
VI. Product Comparisons
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2023-07044 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P