Acetone From Singapore: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 38005-38007 [2019-16661]

Download as PDF Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Comment 5: Deduction of Irrecoverable Value-Added Tax (VAT) Comment 6: Yihua Timber’s Separate Rate Eligibility Comment 7: Initiation of Jiaxing Brilliant Comment 8: Spelling Variations of Zhejiang Dadongwu’s Name Comment 9: Keri Wood’s No Shipment Claim Comment 10: Rescission of Review With Respect to Baroque Timber Comment 11: Jilin Forest’s Separate Rate Eligibility Comment 12: Scholar Home’s Separate Rate Eligibility Comment 13: Jiechen’s No Shipment Claim Comment 14: Certain Separate Rate Applicants’ Eligibility Comment 15: Alleged ‘‘Fraudulently Declared’’ Entries Comment 16: Misuse of U.S. Customs and Border Protection (CBP) Case Numbers Comment 17: China-Wide Entity Companies in the CBP Instructions VI. Recommendation Appendix II jspears on DSK3GMQ082PROD with NOTICES No Shipments Anhui Boya Bamboo & Wood Products Co., Ltd. Anhui Longhua Bamboo Product Co., Ltd. Changzhou Hawd Flooring Co., Ltd. Chinafloors Timber (China) Co., Ltd. Dalian Guhua Wooden Product Co., Ltd. Dalian Huade Wood Product Co., Ltd. Dalian Jaenmaken Wood Industry Co., Ltd. Hangzhou Zhengtian Industrial Co., Ltd. Hunchun Forest Wolf Wooden Industry Co., Ltd. Jiafeng Wood (Suzhou) Co., Ltd. Jiangsu Keri Wood Co., Ltd. Jiangsu Yuhui International Trade Co., Ltd. Jiashan On-Line Lumber Co., Ltd. Karly Wood Product Limited Kingman Floors Co., Ltd. Linyi Bonn Flooring Manufacturing Co., Ltd. Xiamen Yung De Ornament Co., Ltd. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd. Zhejiang Shiyou Timber Co., Ltd. Zhejiang Simite Wooden Co., Ltd. China-Wide Entity Anhui Suzhou Dongda Wood Co., Ltd. Baishan Huafeng Wooden Product Co., Ltd. Baiying Furniture Manufacturer Co., Ltd. Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd. Cheng Hang Wood Co., Ltd. Dalian Jiuyuan Wood Industry Co., Ltd. Dalian Xinjinghua Wood Co., Ltd. Dongtai Zhangshi Wood Industry Co., Ltd. Dunhua City Wanrong Wood Industry Co., Ltd. Fu Lik Timber (HK) Co., Ltd. Fujian Wuyishan Werner Green Industry Co., Ltd. GTP International Ltd. Guangdong Fu Lin Timber Technology Limited HaiLin XinCheng Wooden Products, Ltd. Hangzhou Dazhuang Floor Co., Ltd. (dba Dasso Industrial Group Co., Ltd.) Hangzhou Huahi Wood Industry Co., Ltd. Henan Xingwangjia Technology Co., Ltd. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 Hong Kong Easoon Wood Technology Co., Ltd. Huaxin Jiasheng Wood Co., Ltd. Huber Engineering Wood Corp. Huzhou City Nanxun Guangda Wood Co., Ltd. Huzhou Fuma Wood Co., Ltd. Huzhou Muyun Wood Co., Ltd. Jiangsu Kentier Wood Co., Ltd. Jiashan Fengyun Timber Co., Ltd. Jiaxing Brilliant Import & Export Co., Ltd. Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. Kornbest Enterprises Limited Kunming Alston (AST) Wood Products Co., Ltd. Les Planchers Mercier, Inc. Liaoning Daheng Timber Group Co., Ltd. Nanjing Minglin Wooden Industry Co., Ltd. Ningbo Tianyi Bamboo and Wood Products Co., Ltd. Qingdao Barry Flooring Co., Ltd. Scholar Home (Shanghai) New Material Co., Ltd. Shandong Kaiyuan Wood Industry Co., Ltd. Shandong Puli Trading Co., Ltd. Shanghai Anxin (Weiguang) Timber Co., Ltd. Shanghai Demeija Timber Co., Ltd. Shanghai Eswell Timber Co., Ltd. Shanghai Lizhong Wood Products Co., Ltd. (also known as The Lizhong Wood Industry Limited Company of Shanghai) Shanghai New Sihe Wood Co., Ltd. Shanghai Shenlin Corporation Shenyang Sende Wood Co., Ltd. Suzhou Anxin Weiguang Timber Co., Ltd. Tak Wah Building Material (Suzhou) Co. Tech Wood International Ltd. Vicwood Industry (Suzhou) Co. Ltd. Yixing Lion-King Timber Industry Zhejiang AnJi Xinfeng Bamboo and Wood Industry Co., Ltd. Zhejiang Desheng Wood Industry Co., Ltd. Zhejiang Fuma Warm Technology Co., Ltd. Zhejiang Haoyun Wooden Co., Ltd. Zhejiang Jesonwood Co., Ltd. Zhejiang Jiechen Wood Industry Co., Ltd. Zhejiang Tianzhen Bamboo & Wood Development Co., Ltd. Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd. [FR Doc. 2019–16664 Filed 8–2–19; 8:45 am] 38005 Interested parties are invited to comment on this preliminary determination. DATES: Applicable August 5, 2019. FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3362. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on March 18, 2019.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and 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, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation DEPARTMENT OF COMMERCE The product covered by this investigation is acetone from Singapore. For a complete description of the scope of this investigation, see Appendix I. International Trade Administration Scope Comments BILLING CODE 3510–DS–P [A–559–808] Acetone From Singapore: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that acetone from Singapore is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2018 through December 31, 2018. AGENCY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product 1 See Acetone from Belgium, the Republic of Korea, the Kingdom of Saudi Arabia, Singapore, the Republic of South Africa, and Spain: Initiation of Less-Than-Fair-Value Investigations, 84 FR 9755 (March 18, 2019) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Acetone from Singapore’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). E:\FR\FM\05AUN1.SGM 05AUN1 38006 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices coverage (i.e., scope).4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.5 In accordance with the comments discussed below, Commerce is adding a five percent ‘‘threshold’’ to the scope description. In accordance with the threshold, a product is excluded from the scope of this investigation if the total acetone component of the product (regardless of the source or sources) comprises less than five percent of the product on a dry weight basis. Additionally, Commerce has added an illustrative list of subheadings under Chapter 38 of the HTSUS that may include subject acetone. Finally, Commerce has made other nonsubstantive revisions to the language of the scope in order to improve clarity. See the revised scope in Appendix I to this notice. jspears on DSK3GMQ082PROD with NOTICES Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences for Mitsui Phenols Singapore Pte. Ltd. (Mitsui). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce has preliminarily determined the estimated weightedaverage dumping margin for the individually examined respondent (i.e., Mitsui) under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce’s 4 See Initiation Notice, 88 FR at 9756. 5 See Memorandum, ‘‘Acetone from Belgium, Korea, Singapore, South Africa, and Spain: Scope Comments Preliminary Decision Memorandum,’’ dated July 29, 2019 (Preliminary Scope Decision Memorandum), for further discussion. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 normal practice under these circumstances has been to calculate the all-others rate as a simple average of the alleged dumping margins from the petition.6 For a full description of the methodology underlying Commerce’s analysis, see the Preliminary Decision Memorandum. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary Preliminary Determination determination in the Federal Register, Commerce preliminarily determines in accordance with 19 CFR 351.224(b). that the following estimated dumping However, because Commerce margins exist: preliminarily applied AFA to the individually examined company (i.e., Estimated Mitsui) in this investigation, in dumping Exporter/producer margin accordance with section 776 of the Act, (percent) and the applied AFA rate is based solely on the petition, there are no calculations Mitsui Phenols Singapore to disclose. Pte. Ltd .............................. 131.75 All Others .............................. 66.42 Verification Because the examined respondent in Suspension of Liquidation this investigation did not provide In accordance with section 733(d)(2) information requested by Commerce, of the Act, Commerce will direct U.S. and Commerce preliminarily determines Customs and Border Protection (CBP) to the examined respondent to have been suspend liquidation of entries of subject uncooperative, we will not conduct merchandise, as described in Appendix verification. I, entered, or withdrawn from Public Comment warehouse, for consumption on or after Case briefs or other written comments the date of publication of this notice in may be submitted to the Assistant the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 Secretary for Enforcement and CFR 351.205(d), Commerce will instruct Compliance no later than 30 days after the date of publication of the CBP to require a cash deposit equal to preliminary determination, unless the the estimated dumping margin or the Secretary alters the time limit.7 Rebuttal estimated all-others rate, as follows: (1) briefs, limited to issues raised in case The cash deposit rate for the briefs, may be submitted no later than respondents listed above will be equal five days after the deadline date for case to the company-specific estimated briefs.8 Pursuant to 19 CFR dumping margins determined in this 351.309(c)(2) and (d)(2), parties who preliminary determination; (2) if the submit case briefs or rebuttal briefs in exporter is not a respondent identified above, but the producer is, then the cash this investigation are encouraged to submit with each argument: (1) A deposit rate will be equal to the statement of the issue; (2) a brief company-specific estimated dumping summary of the argument; and (3) a margin established for that producer of table of authorities. the subject merchandise; and (3) the Pursuant to 19 CFR 351.310(c), cash deposit rate for all other producers interested parties who wish to request a and exporters will be equal to the allhearing, limited to issues raised in the others estimated dumping margin. case and rebuttal briefs, must submit a 6 See, e.g., Notice of Preliminary Determination of written request to the Assistant Sales at Less Than Fair Value: Sodium Nitrite from Secretary for Enforcement and the Federal Republic of Germany, 73 FR 21909, Compliance, U.S. Department of 21912 (April 23, 2008), unchanged in Notice of Commerce, within 30 days after the date Final Determination of Sales at Less Than Fair of publication of this notice. Requests Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and should contain the party’s name, accompanying Issues and Decision Memorandum at address, and telephone number, the Comment 2; see also Notice of Final Determination number of participants, whether any of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, participant is a foreign national, and a 2008); Steel Threaded Rod from Thailand: list of the issues to be discussed. If a Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 7 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). Commerce has exercised its discretion under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission of case briefs. 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Dated: July 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. whether the combining occurs in third countries. The scope also includes acetone that is commingled with acetone from sources not subject to this investigation. For combined and commingled products, only the acetone component is covered by the scope of this investigation. However, when acetone is combined with acetone components from sources not subject to this investigation, those third country acetone components may still be subject to other acetone investigations. Notwithstanding the foregoing language, an acetone combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the acetone can no longer be separated from the other products through a distillation process (e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded from this investigation. A combination or mixture is excluded from these investigations if the total acetone component (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may enter under subheadings in Chapter 38 of the HTSUS, including, but not limited to, those under heading 3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found under these HTSUS subheadings is nonexhaustive. Although these HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix I Appendix II request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. jspears on DSK3GMQ082PROD with NOTICES Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Scope of the Investigation The merchandise covered by this investigation is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (IUPAC) name propan-2one. In addition to the IUPAC name, acetone is also referred to as +-ketopropane (or betaketopropane), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO. The scope covers both pure acetone (with or without impurities) and acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol. Acetone that has been combined with other products is included within the scope, regardless of VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference VII. All-Others Rate VIII. Verification IX. Conclusion [FR Doc. 2019–16661 Filed 8–2–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 38007 DEPARTMENT OF COMMERCE International Trade Administration [C–549–838] Glycine From Thailand: Final Negative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of glycine from Thailand. In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. The period of investigation (POI) is January 1, 2017 through December 31, 2017. DATES: Applicable August 5, 2019. FOR FURTHER INFORMATION CONTACT: George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2623. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioners in this investigation are GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. (collectively, the petitioners). In addition to the Royal Thai Government (RTG), the mandatory respondent in this investigation is Newtrend Food Ingredient (Thailand) Co., Ltd. (Newtrend Thailand). The events that occurred since Commerce published the Preliminary Determination 1 are discussed in the Issues and Decision Memorandum.2 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.3 Commerce revised the deadline 1 See Glycine from Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 44861 (September 4, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Glycine from Thailand: Issues and Decision Memorandum for the Final Negative Determination of the Countervailing Duty Investigation,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Continued Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38005-38007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16661]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-559-808]


Acetone From Singapore: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that acetone from Singapore is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2018 through December 31, 2018. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable August 5, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3362.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 18, 
2019.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and 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, and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Acetone from Belgium, the Republic of Korea, the Kingdom 
of Saudi Arabia, Singapore, the Republic of South Africa, and Spain: 
Initiation of Less-Than-Fair-Value Investigations, 84 FR 9755 (March 
18, 2019) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Acetone 
from Singapore'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is acetone from 
Singapore. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product

[[Page 38006]]

coverage (i.e., scope).\4\ Certain interested parties commented on the 
scope of the investigation as it appeared in the Initiation Notice. For 
a summary of the product coverage comments and rebuttal responses 
submitted to the record for this preliminary determination and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice, 88 FR at 9756.
    \5\ See Memorandum, ``Acetone from Belgium, Korea, Singapore, 
South Africa, and Spain: Scope Comments Preliminary Decision 
Memorandum,'' dated July 29, 2019 (Preliminary Scope Decision 
Memorandum), for further discussion.
---------------------------------------------------------------------------

    In accordance with the comments discussed below, Commerce is adding 
a five percent ``threshold'' to the scope description. In accordance 
with the threshold, a product is excluded from the scope of this 
investigation if the total acetone component of the product (regardless 
of the source or sources) comprises less than five percent of the 
product on a dry weight basis. Additionally, Commerce has added an 
illustrative list of subheadings under Chapter 38 of the HTSUS that may 
include subject acetone. Finally, Commerce has made other non-
substantive revisions to the language of the scope in order to improve 
clarity. See the revised scope in Appendix I to this notice.

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available, with 
adverse inferences for Mitsui Phenols Singapore Pte. Ltd. (Mitsui). For 
a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    Commerce has preliminarily determined the estimated weighted-
average dumping margin for the individually examined respondent (i.e., 
Mitsui) under section 776 of the Act. Consequently, pursuant to section 
735(c)(5)(B) of the Act, Commerce's normal practice under these 
circumstances has been to calculate the all-others rate as a simple 
average of the alleged dumping margins from the petition.\6\ For a full 
description of the methodology underlying Commerce's analysis, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                              dumping
                    Exporter/producer                         margin
                                                             (percent)
------------------------------------------------------------------------
Mitsui Phenols Singapore Pte. Ltd.......................          131.75
All Others..............................................           66.42
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated dumping 
margin or the estimated all-others rate, as follows: (1) The cash 
deposit rate for the respondents listed above will be equal to the 
company-specific estimated dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated dumping margin established 
for that producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers and exporters will be equal to the all-
others estimated dumping margin.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the individually examined company (i.e., Mitsui) in this 
investigation, in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the petition, there are no 
calculations to disclose.

Verification

    Because the examined respondent in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines the examined respondent to have been uncooperative, we will 
not conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit.\7\ Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than five 
days after the deadline date for case briefs.\8\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation 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\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements). Commerce has exercised its discretion 
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission 
of case briefs.
    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a

[[Page 38007]]

request for a hearing is made, Commerce intends to hold the hearing at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: July 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is all grades of 
liquid or aqueous acetone. Acetone is also known under the 
International Union of Pure and Applied Chemistry (IUPAC) name 
propan-2-one. In addition to the IUPAC name, acetone is also 
referred to as [szlig]-ketopropane (or beta-ketopropane), ketone 
propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, 
propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, 
pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the 
chemical formula C3H6O, with a specific 
molecular formula of CH3COCH3 or 
(CH3)2CO.
    The scope covers both pure acetone (with or without impurities) 
and acetone that is combined or mixed with other products, 
including, but not limited to, isopropyl alcohol, benzene, diethyl 
ether, methanol, chloroform, and ethanol. Acetone that has been 
combined with other products is included within the scope, 
regardless of whether the combining occurs in third countries.
    The scope also includes acetone that is commingled with acetone 
from sources not subject to this investigation.
    For combined and commingled products, only the acetone component 
is covered by the scope of this investigation. However, when acetone 
is combined with acetone components from sources not subject to this 
investigation, those third country acetone components may still be 
subject to other acetone investigations.
    Notwithstanding the foregoing language, an acetone combination 
or mixture that is transformed through a chemical reaction into 
another product, such that, for example, the acetone can no longer 
be separated from the other products through a distillation process 
(e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded 
from this investigation.
    A combination or mixture is excluded from these investigations 
if the total acetone component (regardless of the source or sources) 
comprises less than 5 percent of the combination or mixture, on a 
dry weight basis.
    The Chemical Abstracts Service (CAS) registry number for acetone 
is 67-64-1.
    The merchandise covered by this investigation is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or 
mixtures of acetone may enter under subheadings in Chapter 38 of the 
HTSUS, including, but not limited to, those under heading 
3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list 
of items found under these HTSUS subheadings is non-exhaustive. 
Although these HTSUS subheadings and CAS registry number 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. All-Others Rate
VIII. Verification
IX. Conclusion

[FR Doc. 2019-16661 Filed 8-2-19; 8:45 am]
 BILLING CODE 3510-DS-P