[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24758-24759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


Dioctyl Terephthalate From the Republic of Korea: Rescission of 
Antidumping Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on dioctyl 
terephthalate (DOTP) from the Republic of Korea (Korea), covering the 
period of review (POR) August 1, 2021, through July 31, 2022.

DATES: Applicable April 24, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on DOTP from Korea, covering the POR.\1\ On 
August 31, 2022, Eastman Chemical Company (Eastman, a domestic 
producer) timely requested that Commerce conduct an administrative 
review.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \2\ See Eastman's Letter, ``Dioctyl Terephthalate (DOTP) from 
Korea: Administrative Review Request,'' dated August 31, 2022.
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    On October 11, 2022, Commerce published in the Federal Register a 
notice of initiation of an administrative review with respect to 
Aekyung Petrochemical (AKP), Hanwha Chemical Corporation (Hanwha 
Chemical), and LG Chem, Ltd. (LG Chem) in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On November 
10, 2022, Aekyung Chemical Co., Ltd. (AKC) filed a letter explaining 
that AKP, one of the three companies subject to this review, changed 
its business name to AKC, effective November 1, 2021.\4\ As a result, 
AKC explained that the operations related to DOTP during the review 
period by the legal entity formerly known as AKP were conducted under 
the name of AKP until November 1, 2021, and then under the name of AKC 
after that date.\5\ In addition, AKC certified that neither AKP nor AKC 
had exports, sales, or entries of DOTP into the United States during 
the POR.\6\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See AKP's Letter, ``Administrative Review of the Antidumping 
Order on Dioctyl Terephthalate from Korea for the 2021-22 Review 
Period--No Shipments Letter,'' dated November 10, 2022 (AKP's No 
Shipments Letter).
    \5\ Id.
    \6\ Id. at 2. We clarify that this review was initiated on and 
covers AKP. AKC has not requested that we conduct a successor-in-
interest analysis in this review and Commerce has not considered 
whether AKC is the successor-in-interest to AKP.
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    On November 8, 2022, we requested from U.S. Customs and Border 
Protection (CBP) a data file of entries of subject merchandise imported 
into the United States during the POR for those companies for which a 
review was initiated. On November 16, 2022, we received the CBP entry 
data \7\ that demonstrated that there were no entries during the POR 
from companies covered by the review (i.e., AKP, Hanwha Chemical, and 
LG Chem).\8\ Consequently, we stated that we intended to rescind the 
review and solicited comments regarding the CBP data, respondent 
selection, and our intent to rescind the review.\9\ None of the parties 
to the proceeding provided comments regarding the CBP data, respondent 
selection, or the rescission of the review.
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    \7\ See Memorandum, ``Antidumping Duty Administrative Review of 
Dioctyl Terephthalate from the Republic of Korea: Release of Customs 
Data from U.S. Customs and Border Protection,'' dated November 16, 
2022 (Customs Data Memorandum).
    \8\ Id.
    \9\ Id.
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    On March 7, 2023, we issued a memorandum to clarify our intent to 
rescind the review in full.\10\ We reiterated that the record of this 
review demonstrates that none of the companies upon which we initiated 
the review (i.e., AKP, Hanwha Chemical, and LG Chem) had entries of the 
subject merchandise during the instant POR.\11\ In addition, we noted 
that AKP had stated for the record that it made no entries during the 
POR.\12\ We explained further that because the CBP data demonstrates 
that there were no suspended entries for the companies under review 
during the POR, and, none of the parties to the proceeding have 
provided information or argument to the contrary, we confirmed that it 
was our intention to rescind this review.\13\ We provided all 
interested parties an additional opportunity to comment on Commerce's 
intent to rescind the review.\14\ No party to the proceeding provided 
comments on Commerce's intent to rescind the review.
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    \10\ See Memorandum, ``Antidumping Duty Administrative Review of 
Dioctyl Terephthalate from the Republic of Korea: Statement of 
Intent to Rescind this Administrative Review,'' dated March 7, 2023.
    \11\ Id. (citing Customs Data Memorandum).
    \12\ Id. (citing AKP's No Shipments Letter).
    \13\ Id. at 2.
    \14\ Id.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes that there were no suspended entries of subject merchandise 
during the POR.\15\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\16\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct CBP to liquidate at the 
calculated antidumping duty assessment rate for the review period.\17\ 
As noted above,

[[Page 24759]]

there were no suspended entries of subject merchandise from AKP, Hanwha 
Chemical, or LG Chem during the POR. Accordingly, in the absence of 
suspended entries of subject merchandise during the POR, we are 
rescinding this administrative review for AKP, Hanwha Chemical, and LG 
Chem in accordance with 19 CFR 351.213(d)(3).
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    \15\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \16\ See 19 CFR 351.212(b)(1).
    \17\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to 
section 751(a) of the Act, the CIT held: ``While the statute does 
not explicitly require that an entry be suspended as a prerequisite 
for establishing entitlement to a review, it does explicitly state 
the determined rate will be used as the liquidation rate for the 
reviewed entries. This result can only obtain if the liquidation of 
entries has been suspended. . . . ''; see also Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and 
Decision Memorandum at Comment 4; and Solid Fertilizer Grade 
Ammonium Nitrate From the Russian Federation: Notice of Rescission 
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 
2012) (noting that ``for an administrative review to be conducted, 
there must be a reviewable, suspended entry to be liquidated at the 
newly calculated assessment rate'').
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Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Because Commerce is rescinding this review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of this rescission notice in 
the Federal Register.

Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
the APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with regulations and terms of an APO is a 
violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: April 17, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-08538 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P