Acetone From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of No Shipments, 56166-56168 [2019-22879]
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56166
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
after the date of publication of the final
results of review in the Federal
Register. Consistent with Commerce’s
assessment practice in non-market
economy cases, if Commerce determines
that an exporter under review had no
shipments of subject merchandise, any
suspended entries that entered under
the exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
China-wide rate.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most-recently completed segment of
this proceeding in which the exporter
was reviewed; (2) for all Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that established for the China-wide
entity, which is 86.01 percent; and (3)
for all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter with the subject merchandise.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing notice
of these final results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and sections 351.213(h) and
351.221(b)(5) of Commerce’s
regulations.
Dated: October 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Houztek’s Separate Rate
Eligibility
V. Recommendation
[FR Doc. 2019–22871 Filed 10–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–469–819]
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
13 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
16:52 Oct 18, 2019
This notice also serves as the only
reminder to parties subject to
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
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 sanctionable violation.
International Trade Administration
Notification to Importers
VerDate Sep<11>2014
Notification to Interested Parties
Regarding Administrative Protective
Order
Jkt 250001
Acetone From Spain: Final
Determination of Sales at Less Than
Fair Value, and Final Determination of
No Shipments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that acetone
from Spain 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:
Preston Cox, AD/CVD Operations,
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
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.
Commerce individually examined
CEPSA Quimica, S.A. (CEPSA) in this
investigation. 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
from sources not subject to this
1 See Acetone From Spain: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, and Preliminary Determination of No
Shipments, 84 FR 37990 (August 5, 2019)
(Preliminary Determination), and accompanying
memorandum, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Acetone from Spain’’ (PDM).
E:\FR\FM\21OCN1.SGM
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
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.
khammond on DSKJM1Z7X2PROD with NOTICES
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.,
CEPSA, 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 37991;
see also PDM at 3–8.
VerDate Sep<11>2014
16:52 Oct 18, 2019
Jkt 250001
Final Determination of No Shipments
In our Preliminary Determination, we
found that Industrias Quimicas del
Oxido de Etileno, S.A. (IQOXE) had no
sales or shipments of subject
merchandise during the POI, and,
therefore, we determined not to further
examine IQOXE as part of this
investigation.3 Commerce received no
comments regarding this issue after the
Preliminary Determination. Thus, for
this final determination, we continue to
find that IQOXE had no sales of subject
merchandise during the POI. As such,
any entries of subject merchandise
exported by IQOXE will be subject to
the all-others rate.
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 Spain alleged in the
petition,4 in accordance with section
735(c)(5)(B) of the Act, and determined
a rate of 137.39 percent. No parties
commented on this issue and we made
no changes to the all-others rate for this
final determination.5
56167
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 weightedaverage 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 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
affirmative determination of sales at
LTFV. Because the final determination
Estimated in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
dumping
Exporter/producer
margin
Act, the ITC will make its final
(percent)
determination as to whether the
CEPSA Quimica, S.A .................
171.81 domestic industry in the United States
All Others ....................................
137.39 is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
Disclosure
importation of acetone from Spain no
The estimated weighted-average
later than 45 days after our final
dumping margin assigned to CEPSA in
determination. If the ITC determines
this investigation in the Preliminary
that material injury or threat of material
Determination was based on adverse
injury does not exist, the proceeding
facts available, and Commerce described
will be terminated, and all cash deposits
the method it used to determine the
will be refunded. If the ITC determines
adverse facts available rate in the
that such injury does exist, Commerce
Preliminary Determination. As we have
intends to issue an antidumping duty
made no changes to this margin and
order directing CBP to assess, upon
continue to apply adverse facts available
further instruction by Commerce,
in determining the rate for CEPSA, no
antidumping duties on all imports of the
disclosure of calculations is necessary
subject merchandise entered, or
for this final determination.
withdrawn from warehouse, for
consumption on or after the effective
3 See Preliminary Determination, 84 FR at 37991;
date of the suspension of liquidation.
see also PDM at 3.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
4 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 VII; see also Petitioner’s
Letter, ‘‘Acetone from Spain: Response to
Questionnaire on Antidumping Petition,’’ dated
February 26, 2019; and the Spain Initiation
Checklist, dated March 11, 2019.
5 See Preliminary Determination, 84 FR at 37991;
see also PDM at 8–9.
PO 00000
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Fmt 4703
Sfmt 4703
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
E:\FR\FM\21OCN1.SGM
21OCN1
56168
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
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).
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–22879 Filed 10–18–19; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–115]
Certain Glass Containers From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan or Eli Lovely, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0895 or (202) 482–1593,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
The Petition
On September 25, 2019, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition (Petition) concerning imports of
certain glass containers (glass
containers) from the People’s Republic
of China (China) filed in proper form on
behalf of the American Glass Packaging
Coalition (the petitioner).1 The CVD
Petition was accompanied by an
antidumping duty (AD) Petition
concerning imports of glass containers
from China.
On September 30, 2019, Commerce
requested supplemental information
pertaining to certain aspects of the
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Certain Glass Containers from the
People’s Republic of China,’’ dated September 25,
2019 (the Petition).
VerDate Sep<11>2014
16:52 Oct 18, 2019
Jkt 250001
Petition.2 The petitioner filed responses
to this request on October 4, 2019.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of glass
containers in China, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing glass
containers in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in sections 771(9)(C) and (E) of
the Act. Commerce also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigation.4
Period of Investigation
Because the Petition was filed on
September 25, 2019, the period of
investigation (POI) is January 1, 2018
through December 31, 2018.5
Scope of the Investigation
The merchandise covered by this
investigation is glass containers from
China. For a full description of the
scope of this investigation, see the
Appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
reflection of the products for which the
2 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Glass Containers from
the People’s Republic of China: Supplemental
Questions,’’ dated September 30, 2019); see also
Commerce’s Letter, ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Glass
Containers from the People’s Republic of China:
Supplemental Questions,’’ dated September 30,
2019.
3 See Petitioner’s Letters, ‘‘Certain Glass
Containers from the People’s Republic of China:
Responses to First Supplemental Questions on
General Issues Volume I of the Petition,’’ dated
October 4, 2019; and ‘‘Certain Glass Containers
from the People’s Republic of China: Responses to
First Supplemental Questions on China CVD
Volume III of the Petition,’’ dated October 4, 2019.
4 See ‘‘Information Relating to the Degree of
Industry Support for the Petition’’ section, infra.
5 See 19 CFR 351.204(b)(1).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
domestic industry is seeking relief.6 As
a result, the scope of the Petition was
modified to clarify the description of the
merchandise covered by the Petition.
The description of the merchandise
covered by this investigation, as
described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).7 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,8 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on November 4,
2019, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on November 14, 2019,
which is 10 calendar days from the
initial comment deadline.9
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such comments must
also be filed on the record of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).10
6 See AD Supplement Vol. I, at 1–4 and Exhibits
I–Supp–2 through I–Supp–4; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated October 8, 2019.
7 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
9 See 19 CFR 351.303(b).
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
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21OCN1
Agencies
[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56166-56168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22879]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-819]
Acetone From Spain: Final Determination of Sales at Less Than
Fair Value, and Final Determination of No Shipments
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that acetone
from Spain 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: Preston Cox, 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) 482-5041.
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. Commerce individually examined CEPSA
Quimica, S.A. (CEPSA) in this investigation. 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).
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\1\ See Acetone From Spain: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, and Preliminary
Determination of No Shipments, 84 FR 37990 (August 5, 2019)
(Preliminary Determination), and accompanying memorandum, ``Decision
Memorandum for the Preliminary Determination in the Less-Than-Fair-
Value Investigation of Acetone from Spain'' (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 from sources not subject to this
[[Page 56167]]
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., CEPSA, 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 37991; see also PDM
at 3-8.
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Final Determination of No Shipments
In our Preliminary Determination, we found that Industrias Quimicas
del Oxido de Etileno, S.A. (IQOXE) had no sales or shipments of subject
merchandise during the POI, and, therefore, we determined not to
further examine IQOXE as part of this investigation.\3\ Commerce
received no comments regarding this issue after the Preliminary
Determination. Thus, for this final determination, we continue to find
that IQOXE had no sales of subject merchandise during the POI. As such,
any entries of subject merchandise exported by IQOXE will be subject to
the all-others rate.
---------------------------------------------------------------------------
\3\ See Preliminary Determination, 84 FR at 37991; see also PDM
at 3.
---------------------------------------------------------------------------
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 Spain alleged
in the petition,\4\ in accordance with section 735(c)(5)(B) of the Act,
and determined a rate of 137.39 percent. No parties commented on this
issue and we made no changes to the all-others rate for this final
determination.\5\
---------------------------------------------------------------------------
\4\ 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 VII; see also Petitioner's Letter, ``Acetone
from Spain: Response to Questionnaire on Antidumping Petition,''
dated February 26, 2019; and the Spain Initiation Checklist, dated
March 11, 2019.
\5\ See Preliminary Determination, 84 FR at 37991; see also PDM
at 8-9.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
CEPSA Quimica, S.A.......................................... 171.81
All Others.................................................. 137.39
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margin assigned to CEPSA 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 CEPSA, 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 Spain 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
[[Page 56168]]
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).
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22879 Filed 10-18-19; 8:45 a.m.]
BILLING CODE 3510-DS-P