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