Acetone From Belgium: Final Determination of Sales at Less Than Fair Value, 8249-8251 [2020-02908]
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices
exist, the proceeding will be terminated
and all cash deposits will be refunded.
Exporter or producer
If the ITC determines that such injury
does exist, Commerce will issue an AD
Sasol South Africa Limited ...
414.92 order directing CBP to assess, upon
All Others ..............................
314.51 further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
Disclosure
withdrawn from warehouse, for
Because Commerce applied AFA to
consumption on or after the effective
SSA, and the AFA rate is based solely
date of the suspension of liquidation, as
on the petition, there are no calculations discussed above in the ‘‘Continuation of
to disclose for this final determination
Suspension of Liquidation’’ section.
pursuant to 19 CFR 351.224(b).
Notification Regarding Administrative
Continuation of Suspension of
Protective Orders
Liquidation
This notice serves as the only
In accordance with section
reminder to parties subject to an
735(c)(1)(B) of the Act, Commerce will
administrative protective order (APO) of
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend their responsibility concerning the
disposition of proprietary information
liquidation of all appropriate entries of
acetone from South Africa, as described disclosed under APO in accordance
in Appendix I of this notice, which were with 19 CFR 351.305(a)(3). Timely
entered, or withdrawn from warehouse, notification of the return/destruction of
APO materials or conversion to judicial
for consumption on or after September
protective order is hereby requested.
24, 2019, the date of publication of the
Failure to comply with the regulations
Preliminary Determination in the
and the terms of an APO is violation
Federal Register.
subject to sanction.
Pursuant to section 735(c)(l) of the
Act and 19 CFR 351.210(d), Commerce
Notification to Interested Parties
will instruct CBP to require cash
deposits equal to the estimated dumping
This determination is issued and
margins indicated in the table above as
published in accordance with sections
follows: (1) The cash deposit rate for
735(d) and 777(i)(1) of the Act, and 19
SSA will be equal to the estimated
CFR 351.210(c).
dumping margin determined in this
Dated: February 6, 2020.
final determination; (2) if the exporter is
Jeffrey I. Kessler,
not a respondent identified above, but
Assistant Secretary for Enforcement and
the producer is, then the cash deposit
Compliance.
rate will be equal to the companyAppendix I
specific estimated weighted-average
dumping margin established for that
Scope of the Investigation
producer of the subject merchandise;
The merchandise covered by this
and (3) the cash deposit rate for all other
investigation is all grades of liquid or
producers and exporters will be 314.51
aqueous acetone. Acetone is also known
percent, the all-others estimated
under the International Union of Pure and
weighted-average dumping margin.
Applied Chemistry (IUPAC) name propan-2These suspension of liquidation and
one. In addition to the IUPAC name, acetone
cash deposit instructions will remain in is also referred to as b-ketopropane (or betaketopropane), ketone propane, methyl
effect until further notice.
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.
International Trade Commission
Notification (ITC)
In accordance with section 735(d) of
the Act, we will notify the 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 of
acetone from South Africa no later than
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
BILLING CODE 3510–DS–P
Estimated
dumping
margin
(percent)
jbell on DSKJLSW7X2PROD with NOTICES
8249
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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.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Discussion of the Issues
Comment 1: Whether to Rely on Total AFA
for SSA’s Margin
VI. All-Others Rate
VII. Recommendation
[FR Doc. 2020–02910 Filed 2–12–20; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–814]
Acetone From Belgium: 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 imports of
acetone from Belgium are being, or are
AGENCY:
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8250
Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices
likely to be, sold in the United States at
less than fair value (LTFV), as provided
in section 735 of the Tariff Act of 1930,
as amended (the Act). The period of
investigation (POI) is January 1, 2018
through December 31, 2018. The final
weighted-average dumping margins are
listed below in the section entitled
‘‘Final Determination Margins.’’
DATES: Applicable February 13, 2020.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On September 24, 2019, Commerce
published in the Federal Register the
preliminary affirmative determination of
sales at LTFV, the postponement of the
final determination, and the extension
of provisional measures, in the
antidumping duty (AD) investigation of
acetone from Belgium.1 Commerce
invited comments from interested
parties on the Preliminary
Determination.2 INEOS Europe AG
(INEOS Europe) filed a case brief, and
the petitioner 3 filed a rebuttal brief.4 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.5 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
1 See Acetone from Belgium: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 84 FR
49999 (September 24, 2019) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
2 See Preliminary Determination, 84 FR at 50000;
see also Memorandum, ‘‘Antidumping Duty
Investigation of Acetone from Belgium: Briefing
Schedule,’’ dated December 30, 2019.
3 The petitioner is the Coalition for Acetone Fair
Trade, the members of the Coalition for Acetone
Fair Trade are AdvanSix Inc., Altivia
Petrochemicals, LLC, and Olin Corporation.
4 See INEOS Europe’s Letter, ‘‘Acetone from
Belgium: Case Brief,’’ dated January 7, 2020; see
also Petitioner’s Letter, ‘‘Acetone from Belgium:
Petitioners’ Rebuttal Brief,’’ dated January 13, 2020.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Acetone from Belgium,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
18:34 Feb 12, 2020
Jkt 250001
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 Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an estimated weightedaverage dumping margin for INEOS
Europe. Accordingly, the all-others rate
in this investigation is the weightedaverage dumping margin calculated for
INEOS Europe.
Final Determination Margins
Scope of the Investigation
The product covered by this
investigation is acetone from Belgium.
Commerce did not receive any scope
comments subsequent to the
Preliminary Determination and,
therefore, the scope has not been
updated since the Preliminary
Determination. For a complete
description of the scope of this
investigation, see Appendix I.
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Exporter/producer
Period of Investigation
INEOS Europe AG ...............
All Others ..............................
The POI is January 1, 2018 through
December 31, 2018.
Disclosure
Verification
As provided in section 782(i) of the
Act, we conducted the cost and sales
verifications in Antwerp, Belgium, and
Mobile, Alabama, between November 4
and December 6, 2019. We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the respondents.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. For a list of
the issues raised and addressed in the
Issues and Decision Memorandum, see
Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that Commerce shall determine
an estimated all-others rate for all
exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Estimated
weightedaverage
dumping
margin
(percent)
28.10
28.10
We will disclose to interested parties
the calculations performed in this final
determination within five days of any
public announcement of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
acetone from Belgium, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after September
24, 2019, the date of publication of the
Preliminary Determination.
Furthermore, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct 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.
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
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)(B) 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 of acetone from
Belgium 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 will 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, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as the only
reminder to parties, subject to
administrative protective order (APO),
of their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction or 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.
Notification to Interested Parties
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act, and 19 CFR 351.210(c).
jbell on DSKJLSW7X2PROD with NOTICES
Dated: February 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
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
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Adjust Ineos Europe’s Tolling Costs
Comment 2: Whether Commerce Should
Use Ineos Europe’s Actual Demurrage
Expenses
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8251
V. Recommendation
[FR Doc. 2020–02908 Filed 2–12–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–813]
Polyethylene Retail Carrier Bags From
Malaysia: Final Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Euro SME
Sdn Bhd (Euro SME), the sole producer/
exporter subject to this administrative
review did not make sales of subject
merchandise at less than normal value
(NV) during the August 1, 2017 through
July 31, 2018 period of review (POR).
DATES: Applicable February 13, 2020.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5449.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this administrative review of
the antidumping duty (AD) order on
polyethylene retail carrier bags (PRCBs)
from Malaysia on October 22, 2019.1 We
invited interested parties to comment on
the Preliminary Results; however, no
interested party submitted comments.
Commerce conducted this
administrative review in accordance
with sections 751(a)(1) and (2) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by this
order is PRCBs from Malaysia, which
also may be referred to as t-shirt sacks,
merchandise bags, grocery bags, or
checkout bags. Imports of merchandise
included within the scope of this
antidumping duty order are currently
classifiable under statistical category
3923.21.0085 of the Harmonized Tariff
Schedule of the United States (HTSUS).
This subheading may also cover
products that are outside the scope of
1 See Polyethylene Retail Carrier Bags from
Malaysia: Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 56418
(October 22, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
E:\FR\FM\13FEN1.SGM
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Agencies
[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8249-8251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02908]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-814]
Acetone From Belgium: 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 imports
of acetone from Belgium are being, or are
[[Page 8250]]
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI) is January 1, 2018 through
December 31, 2018. The final weighted-average dumping margins are
listed below in the section entitled ``Final Determination Margins.''
DATES: Applicable February 13, 2020.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2019, Commerce published in the Federal Register
the preliminary affirmative determination of sales at LTFV, the
postponement of the final determination, and the extension of
provisional measures, in the antidumping duty (AD) investigation of
acetone from Belgium.\1\ Commerce invited comments from interested
parties on the Preliminary Determination.\2\ INEOS Europe AG (INEOS
Europe) filed a case brief, and the petitioner \3\ filed a rebuttal
brief.\4\ A summary of the events that occurred since Commerce
published the Preliminary Determination, as well as a full discussion
of the issues raised by interested parties for this final
determination, may be found in the Issues and Decision Memorandum.\5\
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
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 at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Acetone from Belgium: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
49999 (September 24, 2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 84 FR at 50000; see also
Memorandum, ``Antidumping Duty Investigation of Acetone from
Belgium: Briefing Schedule,'' dated December 30, 2019.
\3\ The petitioner is the Coalition for Acetone Fair Trade, the
members of the Coalition for Acetone Fair Trade are AdvanSix Inc.,
Altivia Petrochemicals, LLC, and Olin Corporation.
\4\ See INEOS Europe's Letter, ``Acetone from Belgium: Case
Brief,'' dated January 7, 2020; see also Petitioner's Letter,
``Acetone from Belgium: Petitioners' Rebuttal Brief,'' dated January
13, 2020.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Acetone from Belgium,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is acetone from Belgium.
Commerce did not receive any scope comments subsequent to the
Preliminary Determination and, therefore, the scope has not been
updated since the Preliminary Determination. For a complete description
of the scope of this investigation, see Appendix I.
Period of Investigation
The POI is January 1, 2018 through December 31, 2018.
Verification
As provided in section 782(i) of the Act, we conducted the cost and
sales verifications in Antwerp, Belgium, and Mobile, Alabama, between
November 4 and December 6, 2019. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by the
respondents.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
For a list of the issues raised and addressed in the Issues and
Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that 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.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for INEOS Europe. Accordingly, the all-others
rate in this investigation is the weighted-average dumping margin
calculated for INEOS Europe.
Final Determination Margins
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
INEOS Europe AG......................................... 28.10
All Others.............................................. 28.10
------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in this final determination within five days of any public announcement
of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of acetone from Belgium,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after September 24,
2019, the date of publication of the Preliminary Determination.
Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19
CFR 351.210(d), Commerce will instruct 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.
[[Page 8251]]
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. 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)(B) 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 of acetone from
Belgium 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
will 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, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as the only reminder to parties, subject to
administrative protective order (APO), of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction or 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.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: February 6, 2020.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Adjust Ineos Europe's Tolling
Costs
Comment 2: Whether Commerce Should Use Ineos Europe's Actual
Demurrage Expenses
V. Recommendation
[FR Doc. 2020-02908 Filed 2-12-20; 8:45 am]
BILLING CODE 3510-DS-P