Acetone From Singapore: Final Determination of Sales at Less Than Fair Value, 56171-56173 [2019-22872]
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely, if the submissions are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
standalone submission; under limited
circumstances Commerce will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting
extension requests or factual
information in this investigation.
khammond on DSKJM1Z7X2PROD with NOTICES
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.32
Parties must use the certification
formats provided in 19 CFR
351.303(g).33 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
On January 22, 2008, Commerce
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
32 See
section 782(b) of the Act.
33 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigation
The merchandise covered by this
investigation are certain glass containers with
a nominal capacity of 0.059 liters (2.0 fluid
ounces) up to and including 4.0 liters
(135.256 fluid ounces) and an opening or
mouth with a nominal outer diameter of 14
millimeters up to and including 120
millimeters. The scope includes glass jars,
bottles, flasks and similar containers; with or
without their closures; whether clear or
colored; and with or without, design or
functional enhancements (including, but not
limited to, handles, embossing, labeling, or
etching).
Excluded from the scope of the
investigation are: (1) Glass containers made
of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1
pharmaceutical containers; (2) glass
containers without ‘mold seams’, ‘joint
marks’, or ‘parting lines’; and (3) glass
containers without a ‘finish’ (i.e., the section
of a container at the opening including the
lip and ring or collar, threaded or otherwise
compatible with a type of closure to seal the
container’s contents, including but not
limited to a lid, cap, or cork).
Glass containers subject to this
investigation are specified within the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7010.90.5009, 7010.90.5019, 7010.90.5029,
7010.90.5039, 7010.90.5049, 7010.90.5055,
7010.90.5005, 7010.90.5015, 7010.90.5025,
7010.90.5035, and 7010.90.5045. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of the investigations
is dispositive.
[FR Doc. 2019–22868 Filed 10–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–559–808]
Acetone From Singapore: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that acetone
from Singapore is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is January 1, 2018
through December 31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance,
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
56171
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2019, Commerce
published the Preliminary
Determination in the Federal Register.1
The petitioner in this investigation is
the Coalition for Acetone Fair Trade.
The mandatory respondent in this
investigation is Mitsui Phenols
Singapore Pte. Ltd. (Mitsui). We
provided interested parties an
opportunity to comment on the
Preliminary Determination. We received
no comments. Commerce conducted
this investigation in accordance with
section 731 of the Tariff Act of 1930, as
amended (the Act).
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 +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
1 See Acetone From Singapore: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, and Preliminary Determination of No
Shipments, 84 FR 38005 (August 5, 2019)
(Preliminary Determination), and accompanying
memorandum, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Acetone from Singapore’’
(PDM).
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21OCN1
56172
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
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.
Scope Comments
Commerce did not receive any
additional scope comments and has not
updated the scope of the investigation
since the Preliminary Determination.
Verification
Because the mandatory respondent in
this investigation did not provide
necessary information requested by
Commerce, we did not conduct
verification.
khammond on DSKJM1Z7X2PROD with NOTICES
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
Commerce has made no changes to
the Preliminary Determination and
hereby adopts the determinations
therein for purposes of our final
determination. We therefore continue to
find that the application of facts
available with an adverse inference with
respect to the examined respondent, i.e.,
Mitsui, was warranted, in accordance
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16:52 Oct 18, 2019
Jkt 250001
with sections 776(a)(1), 776(a)(2)(A)–(C),
and 776(b) of the Act.2
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
selection of the all-others rate on the
simple average of the two dumping
margins calculated for subject
merchandise from Singapore alleged in
the petition,3 in accordance with section
735(c)(5)(B) of the Act, and determined
a rate of 66.42 percent. No parties
commented on this issue and we made
no changes to the all-others rate for this
final determination.4
Final Determination
The final estimated weighted-average
dumping margins are as follows:
this final 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
respondent-specific estimated weightedaverage 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. These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
Estimated affirmative determination of sales at
LTFV. Because the final determination
dumping
Exporter/producer
margin
in this proceeding is affirmative, in
(percent)
accordance with section 735(b)(2) of the
Act, the ITC will make its final
Mitsui Phenols Singapore Pte.
Ltd ...........................................
131.75 determination as to whether the
All Others ....................................
66.42 domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
Disclosure
sales (or the likelihood of sales) for
The estimated weighted-average
importation of acetone from Singapore
dumping margin assigned to Mitsui in
no later than 45 days after our final
this investigation in the Preliminary
determination. If the ITC determines
Determination was based on adverse
that material injury or threat of material
facts available, and Commerce described
injury does not exist, the proceeding
the method it used to determine the
will be terminated, and all cash deposits
adverse facts available rate in the
will be refunded. If the ITC determines
Preliminary Determination. As we have
that such injury does exist, Commerce
made no changes to this margin and
intends to issue an antidumping duty
continue to apply adverse facts available
order directing CBP to assess, upon
in determining the rate for Mitsui, no
further instruction by Commerce,
disclosure of calculations is necessary
antidumping duties on all imports of the
for this final determination.
subject merchandise entered, or
withdrawn from warehouse, for
Continuation of Suspension of
consumption on or after the effective
Liquidation
date of the suspension of liquidation.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
Notification Regarding Administrative
instruct U.S. Customs and Border
Protective Orders
Protection (CBP) to require a cash
This notice serves as the only
deposit for such entries of merchandise
equal to the estimated weighted-average reminder to parties subject to an
administrative protective order (APO) of
dumping margin as follows: (1) The
their responsibility concerning the
cash deposit rate for the respondent
disposition of proprietary information
listed above will be equal to the
respondent-specific estimated weighted- disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
average dumping margin determined in
notification of the return or destruction
of APO materials or conversion to
2 See Preliminary Determination, 84 FR at 38006;
judicial protective order is hereby
see also PDM at 3–6.
3 See Petitioner’s Letter, ‘‘Petitions for the
requested. Failure to comply with the
Imposition of Antidumping on Imports of Acetone
regulations and the terms of an APO is
from Belgium, Korea, Saudi Arabia, Singapore,
a violation subject to sanction.
South Africa and Spain,’’ dated February 19, 2019
(the Petition) at Volume V; see also Petitioner’s
Letter, ‘‘Acetone from Singapore: Response to
Questionnaire on Antidumping Petition,’’ dated
February 26, 2019; and the Singapore Initiation
Checklist, dated March 11, 2019.
4 See Preliminary Determination, 84 FR at 38006;
see also PDM at 8.
PO 00000
Frm 00013
Fmt 4703
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Notification to Interested Parties
These determinations are issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
E:\FR\FM\21OCN1.SGM
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
2019, Commerce extended the deadline
for the final results to October 11, 2019.2
For a summary of events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.3
[FR Doc. 2019–22872 Filed 10–18–19; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From the Republic of
Turkey: Final Results of Countervailing
Duty Administrative Review and
Rescission of Countervailing Duty
Administrative Review, in Part;
Calendar Year 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to Borusan Holding A.S.
(Borusan Holding), Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan), and Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal)
(collectively the Borusan Companies)
and Tosc¸elik Profil ve Sac Endu¨strisi
A.S
¸ . (Tosc¸elik Profil), Tosyali Dis
Ticaret A.S. (TDT), Tosyali Holding,
Tosc¸elik Toyo Celik (Tosc¸elik Toyo),
Tosyali Filmasin ve Insaat Demir
(Tosyali Filmasin), Tosc
¸elik Spiral Boru
(Tosc
¸elik Spiral), Tosyali Demir Celik
San A.S. (TDC), Tosc¸elik Granul San
A.S. (Toselik Granul), and Tosyali Celik
Ticaret A.S. (TCT) (collectively, the
Tosc¸elik Companies), producers/
exporters of circular welded carbon
steel pipes and tubes (pipes and tubes)
from Turkey for the period of review
(POR) January 1, 2017, through
December 31, 2017.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: John
Conniff (the Tosc
¸elik Companies) at
202–482–1009, or Jolanta Lawska (the
Borusan Companies) at 202–482–8362,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On May 14, 2019, Commerce
published the preliminary results of this
administrative review.1 On August 29,
1 See Circular Welded Carbon Steel Pipes and
Tubes From the Republic of Turkey: Preliminary
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16:52 Oct 18, 2019
Jkt 250001
Scope of the Order
The merchandise covered by the
countervailing duty order is circular
welded carbon steel pipes and tubes
from Turkey. For a complete description
of the scope of the order, see the
accompanying Issues and Decision
Memorandum.
Rescission of the 2017 Administrative
Review, in Part
On May 14, 2018, Erbosan Erciyas
Boru Sanayi ve Ticaret A.S. (Erbosan)
timely filed a no shipments
certification.4 Additionally, on June 1,
2018, Borusan submitted a letter to
Commerce timely certifying that
Borusan Istikbal, Borusan Birlesik Boru
Fabrikalair San ve Tic. (Borusan
Birlesik), Borusan Gemlik Boru Tesisleri
A.S. (Borusan Gemlik), Borusan Ithicat
ve Dagitim A.S. (Borusan Ithicat),
Borusan Ihacat Ithalat ve Dagitim A.S.
(Borusan Ithalat), and Tubeco Pipe and
Steel Corporation (Borusan Tubeco) had
no entries, exports, or sales of subject
merchandise during the POR.5 With the
exception of Borusan Istikbal, a
company that Commerce has found to
be cross-owned with Borusan during the
POR, Commerce transmitted noshipment inquiries to CBP regarding
whether subject merchandise produced
and/or exported by these companies
entered the United States during the
POR.
Commerce did not receive any
information from interested parties or
U.S. Customs and Border Protection
(CBP) that was contrary to the claims of
Erbosan, Borusan Birlesik, Borusan
Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part;
Calendar Year 2017, 84 FR 21327 (May 14, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey: Extension of
Deadline for Final Results of Countervailing Duty
Administrative Review,’’ dated August 29, 2019.
3 See Memorandum, ‘‘Issues and Decision
memorandum for the Final Results of
Countervailing Duty Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from
the Republic of Turkey; 2017,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Erbosan’s Letter, ‘‘No Shipment
Certification of Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. (Erbosan) in the 2017 Administrative
Review of the Countervailing Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from
Turkey,’’ dated May 14, 2018.
5 See Borusan’s Letter, ‘‘Circular Welded Carbon
Steel Pines and Tubes from Turkey. Case No. C–
489–502: No Shipment Letter,’’ dated June 1, 2018.
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Fmt 4703
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56173
Gemlik, Borusan Ithicat, Borusan
Ithalat, and Borusan Tubeco.
Accordingly, based on record evidence,
we determine that Erbosan, Borusan
Birlesik, Borusan Gemlik, Borusan
Ithicat, Borusan Ithalat, and Borusan
Tubeco did not ship subject
merchandise to the United States during
the POR. Therefore, in accordance with
19 CFR 351.213(d)(3), and consistent
with our practice,6 we are rescinding
the review for Erbosan, Borusan
Birlesik, Borusan Gemlik, Borusan
Ithicat, Borusan Ithalat, and Borusan
Tubeco. Because we have found
Borusan Istikbal to be cross-owned with
Borusan during the POR, we are not
rescinding the review with respect to
Borusan Istikbal and are assigning it
Borusan’s rate.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. The issues are
identified in the Appendix to this
notice. The Issues and 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable during the POR,
we determine that there is a subsidy,
i.e., a government-provided financial
contribution that confers a benefit to the
recipient, and that the subsidy is
specific.7 For a complete description of
the methodology underlying all of
6 See, e.g., Aluminum Extrusions from the
People’s Republic of China: Notice of Partial
Rescission of Countervailing Duty Administrative
Review, 79 FR 2635 (January 15, 2014).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Agencies
[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56171-56173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22872]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-559-808]
Acetone From Singapore: Final Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that acetone
from Singapore is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
January 1, 2018 through December 31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2019, Commerce published the Preliminary Determination
in the Federal Register.\1\ The petitioner in this investigation is the
Coalition for Acetone Fair Trade. The mandatory respondent in this
investigation is Mitsui Phenols Singapore Pte. Ltd. (Mitsui). We
provided interested parties an opportunity to comment on the
Preliminary Determination. We received no comments. Commerce conducted
this investigation in accordance with section 731 of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Acetone From Singapore: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, and Preliminary
Determination of No Shipments, 84 FR 38005 (August 5, 2019)
(Preliminary Determination), and accompanying memorandum, ``Decision
Memorandum for the Preliminary Determination in the Less-Than-Fair-
Value Investigation of Acetone from Singapore'' (PDM).
---------------------------------------------------------------------------
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
[[Page 56172]]
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.
Scope Comments
Commerce did not receive any additional scope comments and has not
updated the scope of the investigation since the Preliminary
Determination.
Verification
Because the mandatory respondent in this investigation did not
provide necessary information requested by Commerce, we did not conduct
verification.
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Commerce has made no changes to the Preliminary Determination and
hereby adopts the determinations therein for purposes of our final
determination. We therefore continue to find that the application of
facts available with an adverse inference with respect to the examined
respondent, i.e., Mitsui, was warranted, in accordance with sections
776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.\2\
---------------------------------------------------------------------------
\2\ See Preliminary Determination, 84 FR at 38006; see also PDM
at 3-6.
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All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the simple average of the two
dumping margins calculated for subject merchandise from Singapore
alleged in the petition,\3\ in accordance with section 735(c)(5)(B) of
the Act, and determined a rate of 66.42 percent. No parties commented
on this issue and we made no changes to the all-others rate for this
final determination.\4\
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\3\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping on Imports of Acetone from Belgium, Korea, Saudi Arabia,
Singapore, South Africa and Spain,'' dated February 19, 2019 (the
Petition) at Volume V; see also Petitioner's Letter, ``Acetone from
Singapore: Response to Questionnaire on Antidumping Petition,''
dated February 26, 2019; and the Singapore Initiation Checklist,
dated March 11, 2019.
\4\ See Preliminary Determination, 84 FR at 38006; see also PDM
at 8.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Mitsui Phenols Singapore Pte. Ltd........................... 131.75
All Others.................................................. 66.42
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margin assigned to Mitsui in
this investigation in the Preliminary Determination was based on
adverse facts available, and Commerce described the method it used to
determine the adverse facts available rate in the Preliminary
Determination. As we have made no changes to this margin and continue
to apply adverse facts available in determining the rate for Mitsui, no
disclosure of calculations is necessary for this final determination.
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct U.S. Customs and Border Protection (CBP)
to require a cash deposit for such entries of merchandise equal to the
estimated weighted-average dumping margin as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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. These suspension of liquidation instructions will
remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of acetone from Singapore no later
than 45 days after our final determination. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated, and all cash deposits will be refunded.
If the ITC determines that such injury does exist, Commerce intends to
issue an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
These determinations are issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
[[Page 56173]]
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22872 Filed 10-18-19; 8:45 a.m.]
BILLING CODE 3510-DS-P