Acetone From Belgium: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 49999-50001 [2019-20562]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
should inform their customers that their
contractual agreement to allow defect claim
adjustments is limited in accordance with the
Agreement, including:
* Claims for adjustments must be
supported by an unrestricted USDA
inspection called for no more than eight
hours from the time of arrival at the receiver
and performed in a timely fashion thereafter.
* The USDA inspection must find that the
quality and/or condition defects exceed the
thresholds outlined in Appendix D above.
* Any price adjustments will be limited to
the actual percentage of quality and/or
condition defects as documented by a USDA
inspection certificate.
* The price adjustments will be limited to
USDA inspection fees and the allocated
freight expense attributable to the defective
tomatoes calculated in accordance with
Appendix D above.
* The customer may not resell any
DEFECTIVE tomatoes. Instead, they must be
destroyed or returned. Signatories should
provide a copy of the Agreement to any
customer which may be unfamiliar with its
terms or which has questions about those
terms.
The process by which a Signatory could
provide evidence to the PACA Division that
its sales contracts were made subject to the
terms of the Agreement including, in
particular, those terms listed above is
outlined below.
* The Signatory should maintain written
documentation demonstrating that it had
informed its customers, and the customers
accepted, that the sales were subject to the
terms of the Agreement prior to issuing the
invoice. A signed contract to that effect
would be the best evidence of that fact;
however, a purchase by the customer after
being informed of the relevance of the
Agreement is evidence of acceptance.
* The Signatory should send letters to its
customers via registered mail, return receipt
requested, overnight mail, or email with a
confirmation received from the recipient,
informing the customers that, as a Signatory
to the Agreement, all of the Signatory’s sales
are subject to the terms of the Agreement and
that, by purchasing from them, the Buyer
agrees to those terms. The letter should also
indicate that the Signatory’s sales personnel
do not have authority to alter the terms of the
Agreement.
* In addition, the Signatory should include
a statement on its order confirmation sheets
that its contract with the buyer is subject to
the terms of the Agreement as detailed in the
Signatory’s ‘‘pre-season’’ letter and maintain
a copy of the order confirmations and fax
receipts demonstrating that they were sent to
the customer prior to making the sale. If the
sale is to a first-time purchaser that did not
receive a ‘‘pre-season’’ letter, a letter should
be supplied to the buyer prior to making a
sale.
PACA does not require any one particular
form of written documentation but USDA
officials have confirmed that, if Signatories
maintain written evidence demonstrating
that their customers were informed that their
sales were made subject to the terms of the
Agreement prior to sale, PACA will recognize
those terms as part of the sales contract.
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Appendix H—Agreement Suspending
The Antidumping Duty Investigation on
Fresh Tomatoes From Mexico—
Procedures for Reporting Alleged
Violations or Circumvention of the
Agreement
Appendix H enables persons with
knowledge of suspected Violations 52 of the
Agreement to inform Commerce by emailing
the below form to Commerce officials. The
form and any factual information provided
will be placed on the record of the
proceeding by Commerce officials. The
person submitting the form and factual
information to Commerce is, pursuant to 19
CFR 351.303(g), required to include a
certification of factual information, and
should use the applicable certification
formats provided therein. All submissions, if
business proprietary treatment for certain
information is claimed under Commerce’s
regulations, must be accompanied by a
public version, in accordance with the
requirements of 19 CFR 351.304.
NAME OF PERSON MAKING REPORT:
COMPANY AFFILIATION:
PHONE NUMBER:
E–MAIL ADDRESS:
ALLEGED VIOLATION:
(Please attach any documents to this report
and add blank pages if needed)
[FR Doc. 2019–20813 Filed 9–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
49999
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
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 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 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 https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
International Trade Administration
Scope of the Investigation
[A–423–814]
The merchandise covered by this
investigation is acetone from Belgium.
For a complete description of the scope
of this investigation, see Appendix I.
Acetone From Belgium: 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 Belgium 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: Alex
Cipolla, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
52 See
PO 00000
sections II.V and VIII.E of the Agreement.
Frm 00021
Fmt 4703
Sfmt 4703
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
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 9766
(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 Belgium,’’
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).
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50000
Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
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. 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 constructed export prices 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
khammond on DSKJM1Z7X2PROD with NOTICES
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all 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 an individual estimated
weighted-average dumping margin for
INEOS Phenol Belgium NV and INEOS
Europe AG (collectively, INEOS Europe,
which we preliminarily determine to be
a single entity), the only individually
examined exporter/producer in this
investigation.6 Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for INEOS Europe is
the margin assigned to all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
5 See
6 See
Initiation Notice.
Preliminary Decision Memorandum at 6–7.
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17:37 Sep 23, 2019
Jkt 247001
submitted no later than five days after
the deadline date for case briefs.7
Pursuant
to 19 CFR 351.309(c)(2) and
Exporter/producer
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
INEOS Europe AG/INEOS Pheargument: (1) A statement of the issue;
nol Belgium NV (collectively,
(2) a brief summary of the argument;
INEOS Europe) .......................
28.17 and (3) a table of authorities.
All Others ....................................
28.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Suspension of Liquidation
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
In accordance with section 733(d)(2)
written request to the Assistant
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to Secretary for Enforcement and
suspend liquidation of entries of subject Compliance, U.S. Department of
merchandise, as described in Appendix Commerce, within 30 days after the date
of publication of this notice. Requests
I, entered, or withdrawn from
should contain the party’s name,
warehouse, for consumption on or after
address, and telephone number, the
the date of publication of this notice in
number of participants, whether any
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a
CFR 351.205(d), Commerce will instruct list of the issues to be discussed. If a
request for a hearing is made, Commerce
CBP to require a cash deposit equal to
intends to hold the hearing at the U.S.
the estimated weighted-average
Department of Commerce, 1401
dumping margin or the estimated allConstitution Avenue NW, Washington,
others rate, as follows: (1) The cash
DC 20230, at a time and date to be
deposit rate for the respondent listed
determined. Parties should confirm by
above will be equal to the companytelephone the date, time, and location of
specific estimated weighted-average
the hearing two days before the
dumping margins determined in this
scheduled date.
preliminary determination; (2) if the
exporter is not a respondent identified
Postponement of Final Determination
above, but the producer is, then the cash and Extension of Provisional Measures
deposit rate will be equal to the
Section 735(a)(2) of the Act provides
company-specific estimated weightedthat
a final determination may be
average dumping margin established for
postponed until not later than 135 days
that producer of the subject
after the date of the publication of the
merchandise; and (3) the cash deposit
preliminary determination if, in the
rate for all other producers and
event of an affirmative preliminary
exporters will be equal to the all-others
determination, a request for such
estimated weighted-average dumping
postponement is made by exporters who
margin.
account for a significant proportion of
Disclosure
exports of the subject merchandise, or in
the event of a negative preliminary
Commerce intends to disclose its
determination, a request for such
calculations and analysis performed to
postponement is made by the petitioner.
interested parties in this preliminary
Section 351.210(e)(2) of Commerce’s
determination within five days of any
regulations requires that a request by
public announcement or, if there is no
exporters for postponement of the final
public announcement, within five days
determination be accompanied by a
of the date of publication of this notice
request for extension of provisional
in accordance with 19 CFR 351.224(b).
measures from a four-month period to a
Verification
period not more than six months in
As provided in section 782(i)(1) of the duration.
On August 22, 2019, pursuant to 19
Act, Commerce intends to verify the
CFR 351.210(e), the petitioner requested
information relied upon in making its
that Commerce postpone the final
final determination.
determination until not later than 135
Public Comment
days after the publication of this
Case briefs or other written comments preliminary determination.8 On August
23, 2019, INEOS Europe requested that
may be submitted to the Assistant
Secretary for Enforcement and
7 See 19 CFR 351.309; see also 19 CFR 351.303
Compliance no later than seven days
(for general filing requirements).
after the date on which the last
8 See Petitioner’s Letter, ‘‘Acetone from Belgium,
verification report is issued in this
Korea, and South Africa: Petitioner’s Consent to
investigation. Rebuttal briefs, limited to Postponement of Final Determination,’’ dated
issues raised in case briefs, may be
August 22, 2019.
PO 00000
Estimated
weightedaverage
dumping
margin
(percent)
Frm 00022
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Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
Commerce postpone the final
determination until not later than 135
days after the publication of this
notice.9 INEOS Europe also requested
that Commerce extend provisional
measures to a period not more than 6
months.10 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
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: September 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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
9 See INEOS Europe’s Letter, ‘‘Acetone from
Belgium: Request for Postponement of Final
Determination and Provisional Measures Period,’’
dated August 23, 2019.
10 Id.
VerDate Sep<11>2014
17:37 Sep 23, 2019
Jkt 247001
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 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 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. Single Entity Analysis
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Particular Market Situation
XII. Normal Value
XIII. Currency Conversion
XIV. Verification
PO 00000
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50001
XV. Conclusion
[FR Doc. 2019–20562 Filed 9–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–858]
Oil Country Tubular Goods From India:
Final Results of the Expedited Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
order on oil country tubular goods
(OCTG) from India would be likely to
lead to continuation or recurrence of
countervailable subsidies as indicated
in the ‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable September 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Charlotte Baskin-Gerwitz, 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) 482–4880.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 4, 2019, Commerce published
the initiation of the five-year (sunset)
review of the countervailing duty order
on OCTG from India, pursuant to
section 751(c) of the Tariff Act of 1930
(the Act), as amended.1 Commerce
received notices of intent to participate
in this sunset review from United States
Steel Corporation, Maverick Tube
Corporation, Tenaris Bay City, Inc.,
Benteler Steel/Tube, Boomerang Tube,
LLC, IPSCO Tubulars, Inc., Vallourec
Star, LP, and Welded Tube USA Inc.
(collectively, the domestic interested
parties), within the 15-day period
specified in 19 CFR 351.218(d)(1)(i).
The domestic interested parties claimed
interested party status under section
771(9)(C) of the Act as producers of the
domestic like product.
Commerce received adequate
substantive responses to the Notice of
Initiation from the domestic interested
parties within the 30-day period
specified in 19 CFR 351.218(d)(3)(i).
Commerce received no substantive
1 See Initiation of Five-Year (Sunset) Review, 84
FR 41967 (June 4, 2019) (Notice of Initiation).
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]]>Agencies
[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 49999-50001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20562]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-814]
Acetone From Belgium: 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 Belgium 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: Alex Cipolla, 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) 482-4956.
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 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.
---------------------------------------------------------------------------
\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 9766 (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).
---------------------------------------------------------------------------
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 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 https://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 Belgium,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is acetone from
Belgium. 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
[[Page 50000]]
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. 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices 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
all-others rate for all 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 an individual estimated
weighted-average dumping margin for INEOS Phenol Belgium NV and INEOS
Europe AG (collectively, INEOS Europe, which we preliminarily determine
to be a single entity), the only individually examined exporter/
producer in this investigation.\6\ Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for INEOS Europe is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 6-7.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
INEOS Europe AG/INEOS Phenol Belgium NV (collectively, INEOS 28.17
Europe)....................................................
All Others.................................................. 28.17
------------------------------------------------------------------------
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 respondent 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 and
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.\7\ 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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\7\ 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 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.\8\ On August 23, 2019, INEOS Europe requested that
[[Page 50001]]
Commerce postpone the final determination until not later than 135 days
after the publication of this notice.\9\ INEOS Europe also requested
that Commerce extend provisional measures to a period not more than 6
months.\10\ 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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\8\ See Petitioner's Letter, ``Acetone from Belgium, Korea, and
South Africa: Petitioner's Consent to Postponement of Final
Determination,'' dated August 22, 2019.
\9\ See INEOS Europe's Letter, ``Acetone from Belgium: Request
for Postponement of Final Determination and Provisional Measures
Period,'' dated August 23, 2019.
\10\ Id.
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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 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: 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. Single Entity Analysis
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Particular Market Situation
XII. Normal Value
XIII. Currency Conversion
XIV. Verification
XV. Conclusion
[FR Doc. 2019-20562 Filed 9-23-19; 8:45 am]
BILLING CODE 3510-DS-P
