Acetone From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 8252-8254 [2020-02909]

Download as PDF 8252 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices this antidumping duty order. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this antidumping duty order is dispositive. For a full description of the scope of the order, see the Preliminary Decision Memorandum. Changes Since the Preliminary Results As noted above, we received no comments in response to the Preliminary Results. Accordingly, for purposes of these final results, Commerce has made no changes. Final Results of the Review Commerce determines that the following weighted-average dumping margin exists for the August 1, 2017 through July 31, 2018 POR: Exporter/producer Euro SME Sdn Bhd .............. Estimated weightedaverage dumping margin (percent) 0.00 Assessment Rates jbell on DSKJLSW7X2PROD with NOTICES Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For Euro SME, we calculated importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1).2 Where an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated without reference to antidumping duties. For entries of Euro SME’s merchandise during the period of review for which it did not know the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of these 2 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 final results of this review in the Federal Register. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review in the Federal Register for all shipments of PRCBs from Malaysia entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Euro SME will be zero; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-thanfair-value investigation but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 84.94 percent, the all-others rate established in the antidumping investigation.3 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers 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 prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the 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/destruction of 3 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia, 69 FR 48203 (August 9, 2004). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: February 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–02907 Filed 2–12–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–899] Acetone From the Republic of Korea: 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 the Republic of Korea (Korea) are being, or are 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. For information on the estimated weightedaverage dumping margins of sales at LTFV, see the ‘‘Final Determination’’ section of this notice. DATES: Applicable February 13, 2020. FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482–3964. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 24, 2019, Commerce published the Preliminary Determination of this LTFV investigation.1 The petitioner in this investigation is the Coalition for 1 See Acetone from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 84 FR 50005 (September 24, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices Acetone Fair Trade (the petitioner).2 The mandatory respondents in this investigation are LG Chem, Ltd. (LG Chem) and Kumho P&B Chemicals, Inc. (KPB). We held a public hearing on January 23, 2020, to address issues raised in the case and rebuttal briefs.3 A complete summary of the events that occurred since publication of the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.4 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access is available to registered users at http:// access.trade.gov, and to all parties in the Central Records Unit, room B–8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation covers acetone from Korea. Commerce received no scope comments and has not updated the scope of the investigation since the Preliminary Determination. For a complete description of the scope of this investigation, see Appendix I to this notice. Analysis of Comments Received The issues raised in the case briefs and rebuttal briefs submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum, see Appendix II to this notice. jbell on DSKJLSW7X2PROD with NOTICES Verification Between October 21 and November 19, 2019, we conducted cost and sales verifications of mandatory respondents, 2 The members of the Coalition for Acetone Fair Trade are AdvanSix Inc., Altivia Petrochemicals, LLC, and Olin Corporation. 3 See Hearing Transcript, ‘‘Public Hearing in the Matter of the Less-Than-Fair-Value Investigation of Acetone from the Republic of Korea’’ (January 23, 2020). 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Acetone from the Republic of Korea,’’ issued concurrently with, and adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 8253 LG Chem and its wholly-owned affiliate, LG Chem America, Inc., and KPB, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 ranged U.S. sale quantities for the merchandise under consideration.6 This rate was assigned to all other producers or exporters, pursuant to section 735(c)(5)(A) of the Act. 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 since the Preliminary Determination. These changes are discussed in the Issues and Decision Memorandum. Final Determination Pursuant to section 735 of the Act, Commerce determines the estimated weighted-average dumping margins to be: All-Others Rate Sections 735(c)(1)(B)(i)(II) and 735(c)(5)(A) of the Act provide that Commerce shall determine an estimated weighted-average dumping margin rate for all other exporters and producers not individually examined (the all-others rate). This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. However, when the estimated weightedaverage dumping margins for each of the exporters and producers individually examined are zero, de minimis, or determined under section 776 of the Act, Commerce shall use any reasonable method to establish the all-others rate, including averaging the estimated weighted-average dumping margins for the exporters and producers individually examined. In this investigation, Commerce calculated individual estimated weighted-average dumping margins of 47.86 percent for KPB and 25.05 percent for LG Chem, the two individually examined companies. Commerce calculated the rate for the companies not selected for individual examination using a weighted-average of the estimated weighted-average dumping margins calculated for KPB and LG Chem, and each company’s publicly5 See Memorandum, ‘‘Verification of the Cost Response of LG Chem, Ltd. in the Antidumping Duty Investigation of Acetone from the Republic of Korea, dated December 17, 2019; Memorandum, ‘‘Verification of the Cost Response of Kumho P&B Chemicals, Inc. in the Antidumping Duty Investigation of Acetone from the Republic of Korea, dated December 18, 2019; Memorandum, ‘‘Verification of the Questionnaire Responses of LG Chem, Ltd. and LG Chem America, Inc. in the Antidumping Duty Less Than Fair Value Investigation of Acetone from the Republic of Korea,’’ dated December 23, 2019; and Memorandum, ‘‘Verification of the Questionnaire Responses of Kumho P&B Chemicals, Inc. in the Antidumping Duty Less Than Fair Value Investigation of Acetone from the Republic of Korea,’’ dated December 23, 2019. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Producer or exporter Kumho P&B Chemicals, Inc LG Chem, Ltd ....................... All Others .............................. Estimated weightedaverage dumping margins (percent) 47.86 25.05 33.10 Disclosure In accordance with 19 CFR 351.224(b), we will disclose the calculations performed within five days of any public announcement of this determination. 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 Korea, 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. In addition, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP 6 With two respondents under examination, Commerce normally calculates (A) a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents (as directed by the statute) based on the actual reported U.S. sale quantities for each respondent; (B) a simple average of the estimated weightedaverage dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Because the calculation in (A) includes business proprietary information (BPI) which could be revealed by publicly releasing the results of this calculation, Commerce then compares the calculation results of (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers or exporters not subject to individual examination. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). For a complete analysis including the BPI data, see Memorandum, ‘‘Final Determination Calculation for the ‘AllOthers’ Rate,’’ dated concurrently with this notice. E:\FR\FM\13FEN1.SGM 13FEN1 8254 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices 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 companies listed in the table above will be equal to the company-specific estimated weighted-average dumping margin identified for that company in the table; (2) if the exporter is not a company listed in the table above, but the producer is, then the cash deposit rate will be equal to the companyspecific estimated weighted-average dumping margin listed for that producer of the subject merchandise in the above table; 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 (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 Korea 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 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. jbell on DSKJLSW7X2PROD with NOTICES Notification Regarding Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 violation subject to sanction. VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. 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-2one. In addition to the IUPAC name, acetone is also referred to as b-ketopropane (or betaketopropane), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO. The scope covers both pure acetone (with or without impurities) and acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol. Acetone that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. The scope also includes acetone that is commingled with acetone from sources not subject to this investigation. For combined and commingled products, only the acetone component is covered by the scope of this investigation. However, when acetone is combined with acetone components from sources not subject to this investigation, those third country acetone components may still be subject to other acetone investigations. Notwithstanding the foregoing language, an acetone combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the acetone can no longer be separated from the other products through a distillation process (e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded from this investigation. A combination or mixture is excluded from these investigations if the total acetone component (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may enter under subheadings in Chapter 38 of the HTSUS, including, but not limited to, those under heading 3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 under these HTSUS subheadings is nonexhaustive. Although these HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: LG Chem’s Joint Cost Allocation Methodology Comment 2: KPB’s Cost Allocation Method Comment 3: KPB’s Purchases from Affiliates Comment 4: LG Chem’s Non-Operating Expenses Comment 5: LG Chem’s G&A Expense Ratio Calculation VI. Recommendation [FR Doc. 2020–02909 Filed 2–12–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Advisory Committee on Earthquake Hazards Reduction Meeting National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: National Institute of Standards and Technology (NIST)’s Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee) will hold an open meeting on Wednesday, March 25, 2020, from 8:30 a.m. to 5:00 p.m. Mountain Time and Thursday, March 26, 2020, from 8:30 a.m. to 2:00 p.m. Mountain Time. DATES: The ACEHR will meet on Wednesday, March 25, 2020, from 8:30 a.m. to 5:00 p.m. Mountain Time and Thursday, March 26, 2020, from 8:30 a.m. to 2:00 p.m. Mountain Time. ADDRESSES: The meeting will be held in the Katharine Blodgett Gebbie Laboratory Conference Room 1A106, Building 81, at NIST, 325 Broadway Street, Boulder, Colorado 80305, with an option to participate via teleconference or webinar. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Tina Faecke, Management and Program Analyst, National Earthquake Hazards Reduction Program (NEHRP), SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8252-8254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02909]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-899]


Acetone From the Republic of Korea: 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 the Republic of Korea (Korea) are being, or are 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. For information on the estimated weighted-average dumping margins 
of sales at LTFV, see the ``Final Determination'' section of this 
notice.

DATES: Applicable February 13, 2020.

FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482-3964.

SUPPLEMENTARY INFORMATION: 

Background

    On September 24, 2019, Commerce published the Preliminary 
Determination of this LTFV investigation.\1\ The petitioner in this 
investigation is the Coalition for

[[Page 8253]]

Acetone Fair Trade (the petitioner).\2\ The mandatory respondents in 
this investigation are LG Chem, Ltd. (LG Chem) and Kumho P&B Chemicals, 
Inc. (KPB). We held a public hearing on January 23, 2020, to address 
issues raised in the case and rebuttal briefs.\3\ A complete summary of 
the events that occurred since publication of the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the Issues and 
Decision Memorandum.\4\ The Issues and Decision Memorandum is a public 
document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). Access is available to registered users at 
http://access.trade.gov, and to all parties in the Central Records 
Unit, room B-8024 of the main Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Acetone from the Republic of Korea: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 84 FR 50005 (September 24, 2019) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ The members of the Coalition for Acetone Fair Trade are 
AdvanSix Inc., Altivia Petrochemicals, LLC, and Olin Corporation.
    \3\ See Hearing Transcript, ``Public Hearing in the Matter of 
the Less-Than-Fair-Value Investigation of Acetone from the Republic 
of Korea'' (January 23, 2020).
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Antidumping Duty 
Investigation of Acetone from the Republic of Korea,'' issued 
concurrently with, and adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers acetone from Korea. Commerce 
received no scope comments and has not updated the scope of the 
investigation since the Preliminary Determination. For a complete 
description of the scope of this investigation, see Appendix I to this 
notice.

Analysis of Comments Received

    The issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this investigation are discussed in the Issues 
and Decision Memorandum. For a list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum, see 
Appendix II to this notice.

Verification

    Between October 21 and November 19, 2019, we conducted cost and 
sales verifications of mandatory respondents, LG Chem and its wholly-
owned affiliate, LG Chem America, Inc., and KPB, in accordance with 
section 782(i) of the Tariff Act of 1930, as amended (the Act).\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Verification of the Cost Response of LG 
Chem, Ltd. in the Antidumping Duty Investigation of Acetone from the 
Republic of Korea, dated December 17, 2019; Memorandum, 
``Verification of the Cost Response of Kumho P&B Chemicals, Inc. in 
the Antidumping Duty Investigation of Acetone from the Republic of 
Korea, dated December 18, 2019; Memorandum, ``Verification of the 
Questionnaire Responses of LG Chem, Ltd. and LG Chem America, Inc. 
in the Antidumping Duty Less Than Fair Value Investigation of 
Acetone from the Republic of Korea,'' dated December 23, 2019; and 
Memorandum, ``Verification of the Questionnaire Responses of Kumho 
P&B Chemicals, Inc. in the Antidumping Duty Less Than Fair Value 
Investigation of Acetone from the Republic of Korea,'' dated 
December 23, 2019.
---------------------------------------------------------------------------

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 since 
the Preliminary Determination. These changes are discussed in the 
Issues and Decision Memorandum.

All-Others Rate

    Sections 735(c)(1)(B)(i)(II) and 735(c)(5)(A) of the Act provide 
that Commerce shall determine an estimated weighted-average dumping 
margin rate for all other exporters and producers not individually 
examined (the all-others rate). This rate shall be an amount equal to 
the weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually examined, 
excluding rates that are zero, de minimis, or determined entirely under 
section 776 of the Act. However, when the estimated weighted-average 
dumping margins for each of the exporters and producers individually 
examined are zero, de minimis, or determined under section 776 of the 
Act, Commerce shall use any reasonable method to establish the all-
others rate, including averaging the estimated weighted-average dumping 
margins for the exporters and producers individually examined.
    In this investigation, Commerce calculated individual estimated 
weighted-average dumping margins of 47.86 percent for KPB and 25.05 
percent for LG Chem, the two individually examined companies. Commerce 
calculated the rate for the companies not selected for individual 
examination using a weighted-average of the estimated weighted-average 
dumping margins calculated for KPB and LG Chem, and each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration.\6\ This rate was assigned to all other producers or 
exporters, pursuant to section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \6\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated weighted-average 
dumping margins calculated for the examined respondents (as directed 
by the statute) based on the actual reported U.S. sale quantities 
for each respondent; (B) a simple average of the estimated weighted-
average dumping margins calculated for the examined respondents; and 
(C) a weighted-average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. Because the calculation in (A) includes business 
proprietary information (BPI) which could be revealed by publicly 
releasing the results of this calculation, Commerce then compares 
the calculation results of (B) and (C) to (A) and selects the rate 
closest to (A) as the most appropriate rate for all other producers 
or exporters not subject to individual examination. See Ball 
Bearings and Parts Thereof from France, Germany, Italy, Japan, and 
the United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews, Final Results of Changed-Circumstances Review, and 
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 
2010). For a complete analysis including the BPI data, see 
Memorandum, ``Final Determination Calculation for the `All-Others' 
Rate,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Determination

    Pursuant to section 735 of the Act, Commerce determines the 
estimated weighted-average dumping margins to be:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Kumho P&B Chemicals, Inc................................           47.86
LG Chem, Ltd............................................           25.05
All Others..............................................           33.10
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of any public announcement of 
this determination.

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 Korea, 
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.
    In addition, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 
CFR 351.210(d), Commerce will instruct CBP

[[Page 8254]]

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 companies listed in the table above will be equal 
to the company-specific estimated weighted-average dumping margin 
identified for that company in the table; (2) if the exporter is not a 
company listed in the table above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin listed for that producer of the subject 
merchandise in the above table; 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 (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 Korea 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 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 Order (APO)

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    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 [beta]-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. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: LG Chem's Joint Cost Allocation Methodology
    Comment 2: KPB's Cost Allocation Method
    Comment 3: KPB's Purchases from Affiliates
    Comment 4: LG Chem's Non-Operating Expenses
    Comment 5: LG Chem's G&A Expense Ratio Calculation
VI. Recommendation

[FR Doc. 2020-02909 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-DS-P