Acetone From the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 49984-49986 [2019-20563]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
49984
Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
improve future censuses. The primary
sampling unit is the Basic Collection
Unit, which is the smallest unit of
collection geography for 2020 Census
listing operations, usually a block. In
addition, a Basic Collection Unit is the
building block for field area
delineations and other geographic
delineations. As in the past, including
the 2010 Census Coverage Measurement
program, the Post-Enumeration Survey
operations and activities must be
conducted separate from and
independent of the other 2020 Census
operations.
During the Independent Listing
operation, field staff, referred to as
‘‘listers,’’ will canvass in their assigned
Basic Collection Units every street, road,
or other place where people might live
and construct a list of housing units
from scratch. Once the listing for each
Basic Collection Unit is complete, the
addresses are computer and clerically
matched to the 2020 Census addresses
in the Initial Housing Unit Matching
operation. Addresses that remain
unmatched or have unresolved address
status after matching will be sent to the
Initial Housing Unit Follow-up
operation, during which listers collect
additional information that might allow
a resolution of any differences between
the Independent Listing and the
preliminary census address list results.
Matching to a preliminary census file of
housing units allows the PostEnumeration Survey to conduct person
interviews close to census day (April 1,
2020), rather than waiting until the final
census list is available, after the delivery
of apportionment data in December
2020. In the Final Housing Unit
Matching operation, addresses collected
in the Independent Listing operation are
matched to the final census list of
housing units. The Initial Housing Unit
Follow-up field operation seeks to
answer questions needed to resolve the
match or enumeration status of
addresses identified in the Initial
Housing Unit matching operation, while
the Final Housing Unit Follow-up field
operation seeks to answer similar
questions identified in the Final
Housing Unit matching operation.
Addresses identified for both Initial
and Final Housing Unit Follow-ups will
generally need additional information to
determine housing unit status (for
example, to clarify if the addresses refer
to a housing unit or commercial
building and to identify duplicate
addresses) or to resolve inconsistencies
between the Post-Enumeration Survey
and census addresses. Using paper
questionnaires tailored to capture
information needed to resolve each
specific status question or discrepancy,
VerDate Sep<11>2014
17:37 Sep 23, 2019
Jkt 247001
listers will contact a member of each
housing unit and ask questions to
resolve housing unit status or to clarify
discrepancies. If the listers do not find
anyone at home after several attempts,
they will try to collect the information
from a proxy or by observation as a last
resort. Proxies are respondents who are
not members of the household.
The Initial and Final Housing Unit
Follow-up operations will also have
separate quality control operations. The
first quality control operation is the
Initial Housing Unit Follow-up Quality
Control, which contains 15 percent of
the Initial Housing Unit Follow-up
workload. The second quality control
operation is the Final Housing Unit
Follow-up Quality Control, which
contains 15 percent of the Final Housing
Unit Follow-up workload. These
operations are implemented to ensure
that the work performed is of acceptable
quality.
Affected Public: Individuals or
Households.
Frequency: One Time.
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13, U.S. Code,
Sections 141 and 193.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202)395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–20615 Filed 9–23–19; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–36–2019]
On May 13, 2019, Bristol-Myers
Squibb Holdings Pharma, Ltd.
submitted a notification of proposed
production activity to the FTZ Board for
its facility within FTZ 7, in Manati,
Puerto Rico.
The notification was processed in
accordance with the regulations of the
Frm 00006
Dated: September 16, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–20638 Filed 9–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–824]
Acetone From the Republic of South
Africa: 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 South
Africa (South Africa) is being, or is
likely to be, sold in the United States at
less than fair value. The period of
investigation (POI) is January 1, 2018
through December 31, 2018.
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
Foreign-Trade Zone (FTZ) 7—
Mayaguez, Puerto Rico; Authorization
of Production Activity; Bristol-Myers
Squibb Holdings Pharma, Ltd.;
(Pharmaceuticals); Manati, Puerto Rico
PO 00000
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (84 FR 23759—23760,
May 23, 2019). On September 10, 2019,
the applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Fmt 4703
Sfmt 4703
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
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).
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
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.
Scope of the Investigation
The merchandise covered by this
investigation is acetone from South
Africa. For a complete description of the
scope of this investigation, see
Appendix I.
khammond on DSKJM1Z7X2PROD with NOTICES
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
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 South Africa,’’ 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, 84 FR at 9756–57.
6 See Memorandum, ‘‘Acetone from Belgium,
Korea, Singapore, South Africa, and Spain: Scope
Comments Preliminary Decision Memorandum,’’
dated July 29, 2019 (Preliminary Scope Decision
Memorandum).
VerDate Sep<11>2014
17:37 Sep 23, 2019
Jkt 247001
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. 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)(A)(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
Sasol South Africa, the only
individually examined exporter/
producer in this investigation. 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 Sasol South Africa is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
49985
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 margin
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 allothers 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
Preliminary Determination
Compliance no later than seven days
Commerce preliminarily determines
after the date on which the last
that the following estimated weightedverification report is issued in this
average dumping margins exist for the
investigation. Rebuttal briefs, limited to
period January 1, 2018 through
issues raised in case briefs, may be
December 31, 2018:
submitted no later than five days after
the deadline date for case briefs.7
Estimated Pursuant to 19 CFR 351.309(c)(2) and
weighted(d)(2), parties who submit case briefs or
average
Exporter/producer
rebuttal briefs in this investigation are
dumping
margin
encouraged to submit with each
(percent)
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Sasol South Africa Limited .........
45.85
All Others ....................................
45.85 and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Suspension of Liquidation
hearing, limited to issues raised in the
In accordance with section 733(d)(2)
case and rebuttal briefs, must submit a
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
7 See 19 CFR 351.309; see also 19 CFR 351.303
suspend liquidation of entries of subject (for general filing requirements).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\24SEN1.SGM
24SEN1
49986
Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices
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.
khammond on DSKJM1Z7X2PROD with NOTICES
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 21, 2019, pursuant to 19
CFR 351.210(b)(2)(ii) and 19 CFR
351.210(e)(2), Sasol South Africa
requested that Commerce postpone the
final determination until 135 days after
the publication of this notice.8 Sasol
South Africa also requested that
Commerce extend the provisional
measures to a period not more than 6
months.9 On August 22, 2019, the
petitioner consented to postponement of
the final determination, subject to
fulfillment of the requirements of 19
CFR 351.210(b)(2)(ii) and 19 CFR
351.210(e)(2).10 In accordance with
section 735(a)(2)(A) of the Act and 19
8 See Sasol South Africa’s Letter, ‘‘Acetone from
the Republic of South Africa: Request to Postpone
Final Determination,’’ dated August 21, 2019.
9 Id.
10 See Petitioner’s Letter, ‘‘Acetone from Belgium,
Korea, and South Africa: Petitioner’s Consent to
Postponement of the Final Determination,’’ dated
August 22, 2019.
VerDate Sep<11>2014
17:37 Sep 23, 2019
Jkt 247001
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.11
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-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
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. 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. 2019–20563 Filed 9–23–19; 8:45 am]
11 See
PO 00000
section 735(b)(2) of the Act.
Frm 00008
Fmt 4703
Sfmt 4703
BILLING CODE 3510–DS–P
E:\FR\FM\24SEN1.SGM
24SEN1
Agencies
[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 49984-49986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20563]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-824]
Acetone From the Republic of South Africa: 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 South Africa (South Africa) is being,
or is likely to be, sold in the United States at less than fair value.
The period of investigation (POI) is January 1, 2018 through December
31, 2018.
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:
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
[[Page 49985]]
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 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).
---------------------------------------------------------------------------
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 the Republic of South Africa,'' 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 South
Africa. 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 84 FR at 9756-57.
\6\ See Memorandum, ``Acetone from Belgium, Korea, Singapore,
South Africa, and Spain: Scope Comments Preliminary Decision
Memorandum,'' dated July 29, 2019 (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 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)(A)(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 Sasol South Africa, the only
individually examined exporter/producer in this investigation. 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 Sasol South Africa 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
weighted-average dumping margins exist for the period January 1, 2018
through December 31, 2018:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sasol South Africa Limited.................................. 45.85
All Others.................................................. 45.85
------------------------------------------------------------------------
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 margin 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.
---------------------------------------------------------------------------
\7\ 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
[[Page 49986]]
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 21, 2019, pursuant to 19 CFR 351.210(b)(2)(ii) and 19 CFR
351.210(e)(2), Sasol South Africa requested that Commerce postpone the
final determination until 135 days after the publication of this
notice.\8\ Sasol South Africa also requested that Commerce extend the
provisional measures to a period not more than 6 months.\9\ On August
22, 2019, the petitioner consented to postponement of the final
determination, subject to fulfillment of the requirements of 19 CFR
351.210(b)(2)(ii) and 19 CFR 351.210(e)(2).\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.
---------------------------------------------------------------------------
\8\ See Sasol South Africa's Letter, ``Acetone from the Republic
of South Africa: Request to Postpone Final Determination,'' dated
August 21, 2019.
\9\ Id.
\10\ See Petitioner's Letter, ``Acetone from Belgium, Korea, and
South Africa: Petitioner's Consent to Postponement of the Final
Determination,'' dated August 22, 2019.
---------------------------------------------------------------------------
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.\11\
---------------------------------------------------------------------------
\11\ See section 735(b)(2) of the Act.
---------------------------------------------------------------------------
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. 2019-20563 Filed 9-23-19; 8:45 am]
BILLING CODE 3510-DS-P