Acetone From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 50005-50007 [2019-20561]

Download as PDF Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices considered only if space and scheduling constraints permit. The Department of Commerce will evaluate all applications and inform applicants of selection decisions no later than October 16, 2019. How To Apply Applications can be downloaded from the business development mission website (http://www.export.gov/ IndoPacific2019) or can be obtained by contacting the Office of Business Liaison (see below). Contacts General Information and Applications: United States Department of Commerce, Office of Business Liaison, 1401 Constitution Avenue NW, Room 5062, Washington, DC 20230, Tel: 202–482– 1360, Fax: 202–482–4054, Email: BusinessLiaison@doc.gov International Trade Administration, Office of Southeast Asia, Ian Clements, Acting Director, Southeast Asia, Email: ian.clements@trade.gov Tiara Hampton-Diggs, Program Specialist, Trade Promotion Programs. [FR Doc. 2019–20664 Filed 9–23–19; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–899] Acetone From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that acetone from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is January 1, 2018 through December 31, 2018. AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES DATES: Applicable September 24, 2019. 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: VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce initiated this investigation on March 11, 2019.1 On July 15, 2019, Commerce postponed the deadline for the preliminary determination of this investigation.2 As a result, the revised deadline for the preliminary determination of this investigation is now September 17, 2019. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 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 it is available 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 The merchandise covered by this investigation is acetone from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 For a summary of the product coverage comments and rebuttal responses submitted to the 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 Acetone from Belgium, the Republic of Korea, and the Republic of South Africa: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 84 FR 33739 (July 15, 2019). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Acetone from the Republic of Korea’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 50005 record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 After evaluating the comments, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice to clarify certain provisions and include a minimum acetone component of five percent. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated weightedaverage dumping margin for all other exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated individual estimated weighted-average dumping margins of 47.70 percent for Kumho P&B Chemicals, Inc. (KPB) and 7.67 percent for LG Chem, Ltd. (LG Chem), the two individually examined companies in this investigation. Commerce calculated the rate for the companies not selected for individual examination using a weighted-average of the estimated weighted-average dumping margins calculated for KPB and LG Chem, and each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration.7 This margin was 6 See Memorandum, ‘‘Acetone from Belgium, Korea, Singapore, South Africa, and Spain: Scope Comments Preliminary Decision Memorandum,’’ dated July 29, 2019. 7 With two respondents under examination, Commerce normally calculates (A) a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents (as directed by the statute); (B) a simple average of the estimated weighted-average dumping margins E:\FR\FM\24SEN1.SGM Continued 24SEN1 50006 Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices assigned to all other producers or exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist during the period of investigation: Estimated weightedaverage dumping margin (percent) Exporter/producer Kumho P&B Chemicals, Inc ....... LG Chem, Ltd ............................. All Others .................................... 47.70 7.67 21.80 khammond on DSKJM1Z7X2PROD with NOTICES 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 weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the exporter or producer listed above will be equal to the company-specific estimated weightedaverage 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 weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers or exporters will be equal to the all-others estimated weighted-average dumping margin. calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Because the calculation in (A) includes business proprietary information (BPI), Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers or exporters not subject to individual examination. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). For a complete analysis including the BPI data, see the Memorandum to the File, ‘‘Preliminary Determination Calculation for the ‘All-Others’ Rate’’ dated concurrently with this notice. VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this 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 this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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. 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 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. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of the provisional measures from a four-month period to a period not more than six months in duration. On August 22, 2019, pursuant to 19 CFR 351.210(e), the petitioner requested that Commerce postpone the final determination until not later than 135 days after the publication of this preliminary determination.9 On August 22, 2019, LG Chem requested that Commerce postpone the final determination until not later than 135 days after the publication of this notice, and to extend the provisional measures to a period not more than six months.10 KPB made the same request to Commerce to postpone the final determination on August 26, 2019.11 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication 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 9 See Petitioner’s Letter, ‘‘Acetone from Belgium, Korea, and South Africa: Petitioner’s Consent to Postponement of Final Determinations,’’ dated August 22, 2019. 10 See LG Chem’s Letter, ‘‘LG Chem’s Request for Postponement of the Final Determination,’’ dated August 22, 2019. 11 See KPB’s Letter, ‘‘Request to Extend the Deadline for the Final Determination,’’ dated August 26, 2019. E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Importers This notice also serves as an initial reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 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: September 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix II khammond on DSKJM1Z7X2PROD with NOTICES 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-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 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 VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 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. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Scope of the Investigation VII. Affiliation VIII. Discussion of the Methodology IX. Date of Sale X. Product Comparisons XI. Export Price and Constructed Export Price XII. Normal Value XIII. Currency Conversion XIV. Verification XV. Conclusion [FR Doc. 2019–20561 Filed 9–23–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XR023 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given SUMMARY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 50007 that NMFS has issued an incidental harassment authorization (IHA) to the Office of Naval Research (ONR) to incidentally harass, by Level B harassment only, marine mammals during Arctic Research Activities in the Beaufort and Chukchi Seas. ONR’s activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA). DATES: This Authorization is effective from September 10, 2019 through September 9, 2020. FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50005-50007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20561]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-899]


Acetone From the Republic of Korea: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that acetone from the Republic of Korea (Korea) is being, or is likely 
to be, sold in the United States at less than fair value. The period of 
investigation is January 1, 2018 through December 31, 2018.

DATES: Applicable September 24, 2019.

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

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this investigation on March 11, 2019.\1\ On July 15, 2019, 
Commerce postponed the deadline for the preliminary determination of 
this investigation.\2\ As a result, the revised deadline for the 
preliminary determination of this investigation is now September 17, 
2019.
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    \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 Acetone from Belgium, the Republic of Korea, and the 
Republic of South Africa: Postponement of Preliminary Determinations 
in the Less-Than-Fair-Value Investigations, 84 FR 33739 (July 15, 
2019).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ 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 it is available 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Acetone 
from the Republic of Korea'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ 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.\6\ After evaluating the comments, Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice to clarify certain provisions and include a minimum 
acetone component of five percent. See the revised scope in Appendix I 
to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Acetone from Belgium, Korea, Singapore, 
South Africa, and Spain: Scope Comments Preliminary Decision 
Memorandum,'' dated July 29, 2019.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
weighted-average dumping margin for all other exporters and producers 
not individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act. Commerce calculated individual 
estimated weighted-average dumping margins of 47.70 percent for Kumho 
P&B Chemicals, Inc. (KPB) and 7.67 percent for LG Chem, Ltd. (LG Chem), 
the two individually examined companies in this investigation. Commerce 
calculated the rate for the companies not selected for individual 
examination using a weighted-average of the estimated weighted-average 
dumping margins calculated for KPB and LG Chem, and each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration.\7\ This margin was

[[Page 50006]]

assigned to all other producers or exporters, pursuant to section 
735(c)(5)(A) of the Act.
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    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated weighted-average 
dumping margins calculated for the examined respondents (as directed 
by the statute); (B) a simple average of the estimated weighted-
average dumping margins calculated for the examined respondents; and 
(C) a weighted-average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. Because the calculation in (A) includes business 
proprietary information (BPI), Commerce then compares (B) and (C) to 
(A) and selects the rate closest to (A) as the most appropriate rate 
for all other producers or exporters not subject to individual 
examination. See Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010). For a complete analysis including 
the BPI data, see the Memorandum to the File, ``Preliminary 
Determination Calculation for the `All-Others' Rate'' dated 
concurrently with this notice.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist during the period of 
investigation:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kumho P&B Chemicals, Inc....................................       47.70
LG Chem, Ltd................................................        7.67
All Others..................................................       21.80
------------------------------------------------------------------------

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 weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the exporter or producer listed above 
will be equal to the company-specific estimated weighted-average 
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 weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers or exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this 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 this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. 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.
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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of the 
provisional measures from a four-month period to a period not more than 
six months in duration.
    On August 22, 2019, pursuant to 19 CFR 351.210(e), the petitioner 
requested that Commerce postpone the final determination until not 
later than 135 days after the publication of this preliminary 
determination.\9\ On August 22, 2019, LG Chem requested that Commerce 
postpone the final determination until not later than 135 days after 
the publication of this notice, and to extend the provisional measures 
to a period not more than six months.\10\ KPB made the same request to 
Commerce to postpone the final determination on August 26, 2019.\11\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \9\ See Petitioner's Letter, ``Acetone from Belgium, Korea, and 
South Africa: Petitioner's Consent to Postponement of Final 
Determinations,'' dated August 22, 2019.
    \10\ See LG Chem's Letter, ``LG Chem's Request for Postponement 
of the Final Determination,'' dated August 22, 2019.
    \11\ See KPB's Letter, ``Request to Extend the Deadline for the 
Final Determination,'' dated August 26, 2019.
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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

[[Page 50007]]

these imports are materially injuring, or threaten material injury to, 
the U.S. industry.

Notification to Importers

    This notice also serves as an initial reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.

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: September 17, 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. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Affiliation
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
XIII. Currency Conversion
XIV. Verification
XV. Conclusion

[FR Doc. 2019-20561 Filed 9-23-19; 8:45 am]
BILLING CODE 3510-DS-P