Dioctyl Terephthalate From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 28824-28826 [2017-13285]
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28824
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices
Decision Memorandum is provided at
the Appendix to this notice.
Final Rescission of New Shipper
Review
In the Preliminary Rescission, the
Department announced its preliminary
intent to rescind this review because
SXT’s request for an NSR included an
inaccurately certified statement that
SXT is not affiliated with any PRC
exporter or producer that exported
subject merchandise (i.e., passenger
tires from the PRC) to the United States
during the period of time examined in
the original AD investigation (i.e.,
October 1, 2013, through March 31,
2014) and, as such, SXT had not
satisfied the statutory and regulatory
requirements to request an NSR.6 Based
on the Department’s complete analysis
of all information and comments on the
record of this review, we make no
changes to our findings in the
Preliminary Rescission. Accordingly, for
the reasons discussed in the Preliminary
Rescission and the Issues and Decision
Memorandum, we have determined to
rescind this NSR with respect to SXT.7
Assessment
Because the Department is rescinding
this NSR, we have not calculated a
company-specific dumping margin for
SXT. SXT’s entries during the POR will
be assessed at the cash deposit rate
required at the time of entry, which is
the ‘‘PRC-wide’’ rate (i.e., 76.46
percent).
Cash Deposit Requirements
Effective upon publication of this
notice of the final rescission of this
NSR, the Department will instruct U.S.
Customs and Border Protection to
require a cash deposit for entries of
subject merchandise from SXT. The
following cash deposit requirements
will be effective upon publication of
this rescission for all shipments of
subject merchandise from SXT entered,
or withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For subject
merchandise produced and exported by
SXT, the cash deposit rate will continue
to be the all-others rate (i.e., 76.46
percent); (2) for subject merchandise
exported by SXT but not manufactured
by SXT, the cash deposit rate will
continue to be the all-others rate (i.e.,
76.46 percent); and (3) for subject
merchandise manufactured by SXT but
exported by any other party, the cash
deposit rate will be the rate applicable
to the exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice serves as a reminder to
parties subject to 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/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This Department is issuing and
publishing these results in accordance
with sections 751(a)(2)(B) and 771(i)(1)
of the Act and 19 CFR 351.214 and 19
CFR 351.221(b)(5).
Dated: June 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
sradovich on DSK3GMQ082PROD with NOTICES
6 See
Preliminary Decision Memorandum at 5–8;
see also Letter from SXT, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: New Shipper Review Request,’’
February 25, 2016, at Exhibit 2 (certifying that
‘‘since the investigation was initiated, {SXT} has
never been affiliated with any exporter or producer
who exported the subject merchandise to the
United States during the period of investigation
including those not individually examined during
the investigation’’).
7 See Preliminary Rescission, 82 FR at 8824; see
also Preliminary Decision Memorandum at 3–8;
Issues and Decision Memorandum.
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List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Issue 1: Acceptance of Unverified
Submissions as ‘‘Complete and
Accurate’’
Issue 2: Evidence of Xingyuan Group’s
Exports During the POI
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V. Recommendation
[FR Doc. 2017–13287 Filed 6–23–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Final Determination
of Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
dioctyl terephthalate (DOTP) from the
Republic of Korea (Korea) is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is April 1, 2015,
through March 31, 2016. For
information on the estimated weightedaverage dumping margins of sales at
LTFV, see the ‘‘Final Determination’’
section of this notice.
DATES: Effective June 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Shanah Lee, 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) 482–6386,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2017, the Department
published the Preliminary
Determination of sales at LTFV of DOTP
from Korea.1 The petitioner in this
investigation is Eastman Chemical
Company. The mandatory respondents
in this investigation are Aekyung
Petrochemical Co., Ltd. (AKP) and LG
Chem Ltd. (LG Chem). Both AKP and
LG Chem participated in this
investigation. A complete summary of
the events that occurred since
publication of the Preliminary
Determination, as well as a full
1 See Dioctyl Terephthalate from the Republic of
Korea: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and
Postponement of Final Determination, 82 FR 9195
(February 3, 2017) (Preliminary Determination) and
accompanying memorandum, ‘‘Decision
Memorandum for the Preliminary Determination in
the Less-Than-Fair-Value Investigation of Dioctyl
Terephthalate from the Republic of Korea’’
(Preliminary Decision Memorandum).
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Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is dated
concurrently with, and hereby adopted
by, this notice.2
The Issues and Decision
Memorandum is a public document and
is available 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 and to all parties in the
Central Records Unit, Room B–8024 of
the Department’s main building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
electronic version are identical in
content.
Scope of the Investigation
The product covered by this
investigation is DOTP from Korea. For a
complete description of the scope of this
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by the
Department in the Issues and Decision
Memorandum is attached at Appendix
II.
sradovich on DSK3GMQ082PROD with NOTICES
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
the Department verified the sales and
cost data reported by AKP and LG Chem
for use in our final determination. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the respondents.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for AKP and LG
Chem since the Preliminary
Determination. These changes are
discussed in the ‘‘Margin Calculations’’
2 See the Department’s memorandum, ‘‘Issues and
Decision Memorandum for the Final Determination
in the Antidumping Duty Investigation of Dioctyl
Terephthalate From the Republic of Korea,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
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17:04 Jun 23, 2017
Jkt 241001
section of the Issues and Decision
Memorandum.
Final Negative Determination of
Critical Circumstances
On November 15, 2016, the petitioner
timely filed a critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of DOTP from
Korea.3 We find that critical
circumstances do not exist with respect
to AKP and LG Chem.4 For a complete
discussion of this issue, see the ‘‘Final
Negative Determination of Critical
Circumstances’’ section of the Issues
and Decision Memorandum.
All-Others Rate
In accordance with section
735(c)(1)(B)(i)(I) of the Act, the
Department calculated a dumping
margin for the individually investigated
exporters/producers of the subject
merchandise. Consistent with sections
735(c)(1)(B)(i)(II) and 735(c)(5) of the
Act, the Department also calculated an
estimated ‘‘all-others’’ rate for exporters
and producers not individually
investigated. Section 735(c)(5)(A) of the
Act provides that the ‘‘all-others’’ rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. We calculated
the all-others rate using a weighted
average of the dumping margins
calculated for the mandatory
respondents using each company’s
publicly-ranged values for the
merchandise under consideration,
pursuant to section 735(c)(5)(A) of the
Act, as referenced in the ‘‘Final
Determination’’ section below.5
Final Determination
The Department determines that the
weighted-average dumping margins to
be:
3 See letter from Petitioner, ‘‘Re: Dioctyl
Terephthalate (‘‘DOTP’’) From Korea; Critical
Circumstances Allegation,’’ dated November 15,
2016 (Critical Circumstances Allegation).
4 See Preliminary Determination, 82 FR at 9195.
5 See memorandum to the file, ‘‘Dioctyl
Terephthalate From the Republic of Korea:
Calculation of All-Others’ Rate in the Final
Determination,’’ dated concurrently with this
notice.
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Exporter/producer
Weightedaverage
margins
(percent)
Aekyung Petrochemical Co.,
Ltd .........................................
LG Chem, Ltd ...........................
All-Others ..................................
4.08
2.71
3.69
Disclosure
In accordance with 19 CFR
351.224(b), we intend to disclose the
calculations performed to parties in this
proceeding within five days of any
public announcement of this notice.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue the suspension of
liquidation of all appropriate entries of
DOTP from Korea, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after February 3,
2017, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above.
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 DOTP from Korea 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, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
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.
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Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices
Notification Regarding Administrative
Protective Orders (APO)
This notice serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
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.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: June 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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 investigation.
DOTP that is otherwise subject to this
investigation is not excluded when
commingled with DOTP from sources not
subject to this investigation. Commingled
refers to the mixing of subject and nonsubject DOTP. Only the subject component of
such commingled products is covered by the
scope of the investigation.
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 investigation.
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 investigation
is dispositive.
sradovich on DSK3GMQ082PROD with NOTICES
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Negative Determination of Critical
Circumstances
V. Margin Calculations
VI. Discussion of the Issues
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17:04 Jun 23, 2017
Jkt 241001
Comment 1: Whether the Department’s
Quarterly Cost Methodology Justifies
Comparing Sales on a Quarterly Basis
Comment 2: Whether AKP’s Reporting
Supports the Department’s Decision To
Rely on Quarterly Costs for the Final
Determination
Comment 3: Whether To Adjust the
Reported Cost of Purchases of Raw
Material 2-Ethyl Hexanol (2–EH)
Comment 4: The Structure of AKP’s Paper
Transactions and the Basis for U.S. Price
for AKP’s Channel 3 and 4 Sales
Comment 5: AKP’s Affiliate’s Financial
Statements and Indirect Selling Expenses
Calculation
Comment 6: Duty Drawback for AKP’s U.S.
Sales
Comment 7: LG Chem’s Duty Drawback
Adjustment
Comment 8: LG Chem’s Constructed Export
Price (CEP) Offset
Comment 9: Reported Currency for LG
Chem’s Bank Charges
Comment 10: LG Chem’s General and
Administrative Expense (G&A) Ratio
Comment 11: LG Chem’s Raw Material and
Variable Overhead Costs
VII. Recommendation
[FR Doc. 2017–13285 Filed 6–23–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 99–11A05]
Export Trade Certificate of Review
Notice of Issuance of an
Amended Export Trade Certificate of
Review to California Almond Export
Association, LLC (CAEA), Application
No. 99–11A05.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (OTEA), issued an
amended Export Trade Certificate of
Review to CAEA on June 12, 2017. A
previous amended Export Trade
Certificate of Review was issued to
CAEA on November 24, 2015, and a
notice of its issuance was published in
the Federal Register on December 10,
2015 (80 FR 76663).
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of Trade
and Economic Analysis, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or email
at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21) (the
Act) authorizes the Secretary of
Commerce to issue Export Trade
Certificates of Review. An Export Trade
Certificate of Review protects the holder
and the members identified in the
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 9990
Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. The regulations
implementing Title III are found at 15
CFR part 325 (2015). OTEA is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct
CAEA’s Export Trade Certificate of
Review has been amended to:
• Remove California Gold Almonds,
LLC as a Member
• Change the name of Member
Paramount Farms, Inc. to Wonderful
Pistachios & Almonds, LLC
CAEA’s Export Trade Certificate of
Review Membership, as amended, is
listed below:
Almonds California Pride, Inc.,
Caruthers, CA
Baldwin-Minkler Farms, Orland, CA
Blue Diamond Growers, Sacramento, CA
Campos Brothers, Caruthers, CA
Chico Nut Company, Chico, CA
Del Rio Nut Company, Livingston, CA
Fair Trade Corner, Inc., Chico, CA
Fisher Nut Company, Modesto, CA
Hilltop Ranch, Inc., Ballico, CA
Hughson Nut, Inc., Hughson, CA
Mariani Nut Company, Winters, CA
Nutco, LLC d.b.a. Spycher Brothers,
Turlock, CA
P–R Farms, Inc., Clovis, CA
Roche Brothers International Family
Nut Co., Escalon, CA
RPAC, LLC, Los Banos, CA
South Valley Almond Company, LLC,
Wasco, CA
SunnyGem, LLC, Wasco, CA
Western Nut Company, Chico, CA
Wonderful Pistachios & Almonds, LLC,
Los Angeles, CA
The effective date of the amended
certificate is March 13, 2017, the date on
which CAEA’s application to amend
was deemed submitted.
Dated: June 21, 2017.
Joseph E. Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2017–13262 Filed 6–23–17; 8:45 am]
BILLING CODE 3510–DR–P
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Agencies
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28824-28826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13285]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2015,
through March 31, 2016. For information on the estimated weighted-
average dumping margins of sales at LTFV, see the ``Final
Determination'' section of this notice.
DATES: Effective June 26, 2017.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Shanah Lee, 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) 482-6386,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2017, the Department published the Preliminary
Determination of sales at LTFV of DOTP from Korea.\1\ The petitioner in
this investigation is Eastman Chemical Company. The mandatory
respondents in this investigation are Aekyung Petrochemical Co., Ltd.
(AKP) and LG Chem Ltd. (LG Chem). Both AKP and LG Chem participated in
this investigation. A complete summary of the events that occurred
since publication of the Preliminary Determination, as well as a full
[[Page 28825]]
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum,
which is dated concurrently with, and hereby adopted by, this
notice.\2\
---------------------------------------------------------------------------
\1\ See Dioctyl Terephthalate from the Republic of Korea:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value, Negative Preliminary Determination of Critical Circumstances,
and Postponement of Final Determination, 82 FR 9195 (February 3,
2017) (Preliminary Determination) and accompanying memorandum,
``Decision Memorandum for the Preliminary Determination in the Less-
Than-Fair-Value Investigation of Dioctyl Terephthalate from the
Republic of Korea'' (Preliminary Decision Memorandum).
\2\ See the Department's memorandum, ``Issues and Decision
Memorandum for the Final Determination in the Antidumping Duty
Investigation of Dioctyl Terephthalate From the Republic of Korea,''
dated concurrently with this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is
available 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 and
to all parties in the Central Records Unit, Room B-8024 of the
Department's main building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and electronic version are identical in content.
Scope of the Investigation
The product covered by this investigation is DOTP from Korea. For a
complete description of the scope of this investigation, see Appendix
I.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by the Department in the Issues and Decision Memorandum is
attached at Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), the Department verified the sales and cost data reported by
AKP and LG Chem for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by the respondents.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
AKP and LG Chem since the Preliminary Determination. These changes are
discussed in the ``Margin Calculations'' section of the Issues and
Decision Memorandum.
Final Negative Determination of Critical Circumstances
On November 15, 2016, the petitioner timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of DOTP from Korea.\3\ We find that critical
circumstances do not exist with respect to AKP and LG Chem.\4\ For a
complete discussion of this issue, see the ``Final Negative
Determination of Critical Circumstances'' section of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\3\ See letter from Petitioner, ``Re: Dioctyl Terephthalate
(``DOTP'') From Korea; Critical Circumstances Allegation,'' dated
November 15, 2016 (Critical Circumstances Allegation).
\4\ See Preliminary Determination, 82 FR at 9195.
---------------------------------------------------------------------------
All-Others Rate
In accordance with section 735(c)(1)(B)(i)(I) of the Act, the
Department calculated a dumping margin for the individually
investigated exporters/producers of the subject merchandise. Consistent
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the
Department also calculated an estimated ``all-others'' rate for
exporters and producers not individually investigated. Section
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for individually investigated
exporters and producers, excluding any margins that are zero or de
minimis or any margins determined entirely under section 776 of the
Act. We calculated the all-others rate using a weighted average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration, pursuant to section 735(c)(5)(A) of the Act, as
referenced in the ``Final Determination'' section below.\5\
---------------------------------------------------------------------------
\5\ See memorandum to the file, ``Dioctyl Terephthalate From the
Republic of Korea: Calculation of All-Others' Rate in the Final
Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination
The Department determines that the weighted-average dumping margins
to be:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margins
(percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd............................. 4.08
LG Chem, Ltd............................................... 2.71
All-Others................................................. 3.69
------------------------------------------------------------------------
Disclosure
In accordance with 19 CFR 351.224(b), we intend to disclose the
calculations performed to parties in this proceeding within five days
of any public announcement of this notice.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of DOTP from
Korea, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after February 3,
2017, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. Further, the Department will
instruct CBP to require a cash deposit equal to the estimated amount by
which the normal value exceeds the U.S. price as shown above.
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 DOTP from Korea 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, the Department will
issue an antidumping duty order directing CBP to assess, upon further
instruction by the Department, 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.
[[Page 28826]]
Notification Regarding Administrative Protective Orders (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance 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.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: June 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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
investigation.
DOTP that is otherwise subject to this investigation is not
excluded when commingled with DOTP from sources not subject to this
investigation. 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 investigation.
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 investigation.
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
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Negative Determination of Critical Circumstances
V. Margin Calculations
VI. Discussion of the Issues
Comment 1: Whether the Department's Quarterly Cost Methodology
Justifies Comparing Sales on a Quarterly Basis
Comment 2: Whether AKP's Reporting Supports the Department's
Decision To Rely on Quarterly Costs for the Final Determination
Comment 3: Whether To Adjust the Reported Cost of Purchases of
Raw Material 2-Ethyl Hexanol (2-EH)
Comment 4: The Structure of AKP's Paper Transactions and the
Basis for U.S. Price for AKP's Channel 3 and 4 Sales
Comment 5: AKP's Affiliate's Financial Statements and Indirect
Selling Expenses Calculation
Comment 6: Duty Drawback for AKP's U.S. Sales
Comment 7: LG Chem's Duty Drawback Adjustment
Comment 8: LG Chem's Constructed Export Price (CEP) Offset
Comment 9: Reported Currency for LG Chem's Bank Charges
Comment 10: LG Chem's General and Administrative Expense (G&A)
Ratio
Comment 11: LG Chem's Raw Material and Variable Overhead Costs
VII. Recommendation
[FR Doc. 2017-13285 Filed 6-23-17; 8:45 am]
BILLING CODE 3510-DS-P