Tetrahydrofurfuryl Alcohol From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 40969-40970 [2020-14680]

Download as PDF Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices Fufeng.18 For the fourth review, because we already issued preliminary results covering Fufeng and case briefs regarding those results were filed, we will consider the case briefs as they pertain to Fufeng and issue the final results of review with respect to Fufeng. For the fifth review, because we already selected mandatory respondents, other than Fufeng, and issued final results with respect to those respondents, we will analyze Fufeng’s separate rate certification and issue preliminary results regarding Fufeng’s separate rate status. We will set a briefing period to allow interested parties to comment on our separate rates determination for Fufeng before issuing the final results of review with respect to Fufeng. At this time, Commerce remains enjoined by Court order from liquidating entries of subject merchandise that: (1) Was produced and exported by Fufeng, and entered, or withdrawn from warehouse, for consumption during the period July 19, 2013 through June 30, 2014 (with the exception of such merchandise entered by the company named in CBP message number 7352304, dated December 18, 2017); (2) was produced and exported by Fufeng, and entered, or withdrawn from warehouse, for consumption during the period July 1, 2014 through June 30, 2015, by East West Technologies Inc.; and (3) was produced and exported by Fufeng, and entered, or withdrawn from warehouse, for consumption during the period July 1, 2014 through June 30, 2015, by LABH Inc., designated as Entry No. 22703189153, with an entry date of July 7, 2014, and Fufeng’s Invoice No. MEU14088. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. Notification to Interested Parties This notice is issued and published in accordance with section 516A(c)(1) and (e) of the Tariff Act of 1930, as amended. Dated: June 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES [FR Doc. 2020–14678 Filed 7–7–20; 8:45 am] BILLING CODE 3510–DS–P 18 Fufeng refers to the collapsed entity Inner Mongolia Fufeng Biotechnologies Co., Ltd./ Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd)/ Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–887] Tetrahydrofurfuryl Alcohol From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on tetrahydrofurfuryl alcohol (THFA) from the People’s Republic of China (China) would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: DATES: Applicable July 8, 2020. Kate Sliney, 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) 482–2437. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On March 2, 2020, Commerce published the notice of initiation of the third sunset review of the Order 1 on tetrahydrofurfuryl alcohol from China, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On March 20, 2020, Commerce received a notice of intent to participate from Penn A Kem LLC (formerly, Penn Specialty Chemicals), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 On March 30, 2020, Commerce received a complete substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3).4 No 1 See Antidumping Duty Order: Tetrahydrofurfuryl Alcohol from The People’s Republic of China, 69 FR 47911 (August 6, 2004) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253 (March 2, 2020). 3 See Penn A Kem LLC’s Letter, ‘‘Sunset Review (3rd Review) of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the People’s Republic of China: Domestic Interested Party Notification of Intent to Participate,’’ dated March 20, 2020. 4 See Penn A Kem LLC’s Letter, ‘‘Sunset Review (3rd Review) of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the People’s Republic of China: Domestic Interested Party Substantive Response to Notice of Initiation,’’ dated March 30, 2020. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 40969 respondent interested party submitted a substantive response within the 50-day deadline. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the Order. Scope of the Order The product covered by this Order is tetrahydrofurfuryl alcohol (THFA) from China; a primary alcohol, THFA is a clear, water white to pale yellow liquid. THFA is a member of the heterocyclic compounds known as furans and is miscible with water and soluble in many common organic solvents. THFA is currently classifiable in the Harmonized Tariff Schedules of the United States (HTSUS) under subheading 2932.13.00.00. Although the HTSUS subheadings are provided for convenience and for customs purposes, Commerce’s written description of the merchandise subject to the Order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.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. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. A complete version of the Issues and Decision Memorandum can be accessed at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on THFA from China would be likely to lead to the continuation or recurrence of dumping, and that the magnitude of the margin likely to prevail is up to 136.86 percent. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\08JYN1.SGM 08JYN1 40970 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation of Recurrence of Dumping 2. Magnitude of the Margin Likely to Prevail VII. Final Results of Third Expedited Sunset Review VIII. Recommendation [FR Doc. 2020–14680 Filed 7–7–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable July 8, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Hanna or Howard Smith, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0835 or (202) 482–5193, respectively. SUPPLEMENTARY INFORMATION: Background On October 7, 2008, Commerce published in the Federal Register the AD order on electrolytic manganese dioxide from China.1 On December 2, 2019, the ITC instituted and Commerce initiated the second sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce conducted this sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2) because it received a complete timely and adequate notice of intent to participate in the sunset review and substantive response from domestic interested parties 3 but no substantive responses from respondent interested parties. As a result of its review, Commerce determined pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Order would likely lead to continuation or recurrence of dumping. Commerce also notified the ITC of the magnitude of the dumping margins likely to prevail should the Order be revoked.4 On June 25, 2020, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would be likely to lead to continuation or recurrence of material injury to an [A–570–919] Electrolytic Manganese Dioxide From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on electrolytic manganese dioxide from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 1 See Antidumping Duty Order: Electrolytic Manganese Dioxide from the People’s Republic of China, 73 FR 58537 (October 7, 2008) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968 (December 2, 2019); see also Electrolytic Manganese Dioxide From China; Institution of a Five-Year Review, 84 FR 66005 (December 2, 2019). 3 See Domestic Interested Parties’ Letter, ‘‘Electrolytic Manganese Dioxide from the People’s Republic of China: Notice of Intent to Participate,’’ dated December 17, 2019; see also Domestic Interested Parties’ Letter, ‘‘Electrolytic Manganese Dioxide from the People’s Republic of China: Substantive Response to Notice of Initiation of FiveYear (Sunset) Review of the Antidumping Duty Order,’’ dated January 2, 2020. 4 See Electrolytic Manganese Dioxide From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 85 FR 16057 (March 20, 2020) (Final Results). PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 industry in the United States within a reasonably foreseeable time.5 Scope of the Order The merchandise covered by this Order includes all manganese dioxide (MnO2) that has been manufactured in an electrolysis process, whether in powder, chip, or plate form. Excluded from the scope are natural manganese dioxide (NMD) and chemical manganese dioxide (CMD). The merchandise subject to this Order is classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2820.10.00.00. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD order on electrolytic manganese dioxide from China. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Notification to Interested Parties This five-year sunset review and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and this notice is published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: June 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–14681 Filed 7–7–20; 8:45 am] BILLING CODE 3510–DS–P 5 See Electrolytic Manganese Dioxide from China; Determination, Investigation No. 731–TA–1125 (Second Review), 85 FR 38159 (June 25, 2020). E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 40969-40970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14680]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-887]


Tetrahydrofurfuryl Alcohol From the People's Republic of China: 
Final Results of the Expedited Third Sunset Review of the Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty (AD) order on 
tetrahydrofurfuryl alcohol (THFA) from the People's Republic of China 
(China) would be likely to lead to the continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable July 8, 2020.

FOR FURTHER INFORMATION CONTACT: Kate Sliney, 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) 482-2437.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2020, Commerce published the notice of initiation of 
the third sunset review of the Order \1\ on tetrahydrofurfuryl alcohol 
from China, pursuant to section 751(c)(2) of the Tariff Act of 1930, as 
amended (the Act).\2\ On March 20, 2020, Commerce received a notice of 
intent to participate from Penn A Kem LLC (formerly, Penn Specialty 
Chemicals), a domestic interested party, within the deadline specified 
in 19 CFR 351.218(d)(1)(i).\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Tetrahydrofurfuryl Alcohol from 
The People's Republic of China, 69 FR 47911 (August 6, 2004) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253 
(March 2, 2020).
    \3\ See Penn A Kem LLC's Letter, ``Sunset Review (3rd Review) of 
the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the 
People's Republic of China: Domestic Interested Party Notification 
of Intent to Participate,'' dated March 20, 2020.
---------------------------------------------------------------------------

    On March 30, 2020, Commerce received a complete substantive 
response from the domestic interested party within the 30-day deadline 
specified in 19 CFR 351.218(d)(3).\4\ No respondent interested party 
submitted a substantive response within the 50-day deadline. As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) 
sunset review of the Order.
---------------------------------------------------------------------------

    \4\ See Penn A Kem LLC's Letter, ``Sunset Review (3rd Review) of 
the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the 
People's Republic of China: Domestic Interested Party Substantive 
Response to Notice of Initiation,'' dated March 30, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this Order is tetrahydrofurfuryl alcohol 
(THFA) from China; a primary alcohol, THFA is a clear, water white to 
pale yellow liquid. THFA is a member of the heterocyclic compounds 
known as furans and is miscible with water and soluble in many common 
organic solvents. THFA is currently classifiable in the Harmonized 
Tariff Schedules of the United States (HTSUS) under subheading 
2932.13.00.00. Although the HTSUS subheadings are provided for 
convenience and for customs purposes, Commerce's written description of 
the merchandise subject to the Order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice.\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. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. A complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order on Tetrahydrofurfuryl Alcohol from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
THFA from China would be likely to lead to the continuation or 
recurrence of dumping, and that the magnitude of the margin likely to 
prevail is up to 136.86 percent.

[[Page 40970]]

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act and 19 
CFR 351.218.

    Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation of Recurrence of Dumping
    2. Magnitude of the Margin Likely to Prevail
VII. Final Results of Third Expedited Sunset Review
VIII. Recommendation

[FR Doc. 2020-14680 Filed 7-7-20; 8:45 am]
BILLING CODE 3510-DS-P