Dioctyl Terephthalate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 83894-83896 [2020-28335]
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83894
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
Zhanjiang Longwei Aquatic Products
Industry Co., Ltd.
Zhanjiang Newpro Foods Co., Ltd.
Zhanjiang Universal Seafood Corp.
Zhaoan Yangli Aquatic Co., Ltd.
Zhejiang Xinwang Foodstuffs Co., Ltd.
Zhoushan Genho Food Co., Ltd.
Zhoushan Green Food Co., Ltd.
[FR Doc. 2020–28402 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hanwha Chemical Corporation
(Hanwha Chemical) made sales of
subject merchandise at less than normal
value (NV) during the August 1, 2018
through July 31, 2019 period of review
(POR). Commerce preliminarily
determines that sales of subject
merchandise have not been made below
NV by Aekyung Petrochemical Co., Ltd.
(AKP) and LG Chem Ltd. (LG Chem)
during the POR. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Patrick Barton, 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) 482–4243 or (202) 482–0012,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On October 7, 2019, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic
of Korea (Korea), covering three
companies: AKP, Hanwha Chemical,
and LG Chem.1 Hanwha Chemical
informed Commerce that it would not
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019) (Initiation Notice).
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21:21 Dec 22, 2020
Jkt 253001
be participating in the review on
January 3, 2020.2
On April 21, 2020, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce
extended the preliminary results
deadline by 118 days.3 On April 24,
2020, Commerce tolled all deadlines in
administrative reviews by 50 days.4 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.5 The deadline for
these preliminary results is now
December 16, 2020.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise covered by this
order is DOTP, regardless of form. DOTP
that has been blended with other
products is included within this scope
when such blends include constituent
parts that have not been chemically
reacted with each other to produce a
different product. For such blends, only
the DOTP component of the mixture is
covered by the scope of this order.
Subject merchandise is currently
classified under subheading
2917.39.2000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Subject merchandise may also enter
under subheadings 2917.39.7000 or
3812.20.1000 of the HTSUS. While the
Chemical Abstract Service (CAS)
registry number and HTSUS
classification are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. See the Preliminary
Decision Memorandum for a full
description of the scope of the order.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
2 See Memorandum, ‘‘Notification from Hanwha
Chemical Corp. Regarding Decision to Not
Participate in the 2018–2019 Administrative
Review of Dioctyl Terephthalate from the Republic
of Korea,’’ dated January 6, 2020.
3 See Memorandum, ‘‘Dioctyl Terephthalate from
the Republic of Korea: Extension of Deadline for
Preliminary Results of the 2018–2019 Antidumping
Duty Administrative Review,’’ dated April 21, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review: Dioctyl
Terephthalate from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Sfmt 4703
and (2) of the Act. We calculated export
price and constructed export price in
accordance with section 772 of the Act.
We calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our calculations, see the
Preliminary Decision Memorandum.
The Preliminary 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Application of Facts Available with
Adverse Inferences
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available to determine a
weighted-average dumping margin for
Hanwha Chemical in this review.
Commerce preliminarily finds that
necessary information is not available
on the record, and that Hanwha
Chemical withheld information
requested by Commerce, failed to
provide the requested information in the
form and manner requested, and
significantly impeded the proceeding,
warranting a determination on the basis
of the facts available under section
776(a) of the Act. Further, Commerce
preliminarily determines that Hanwha
Chemical failed to cooperate to the best
of its ability, and thus, Commerce is
applying facts available with adverse
inferences (AFA) to Hanwha Chemical,
in accordance with section 776(b) of the
Act. For a full description of the
methodology underlying our
conclusions regarding the application of
AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period August 1, 2018 through July
31, 2019:
Exporter or producer
Aekyung Petrochemical Co., Ltd
E:\FR\FM\23DEN1.SGM
23DEN1
Weightedaverage
dumping
margin
(percent)
0.00
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
deposits of estimated duties, where
applicable.9
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
22.97 review.
0.00
Cash Deposit Requirements
Weightedaverage
dumping
margin
(percent)
Exporter or producer
Hanwha Chemical Corporation ..
LG Chem, Ltd .............................
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.
For any individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) or
not based entirely on AFA, we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).7 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If a respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. In accordance with our practice,
for entries of subject merchandise
during the POR for which a respondent
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate such entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.8 Further, because
Hanwha Chemical withdrew its
participation from this review, we will
instruct CBP to apply an assessment rate
equal to the dumping margin of 22.97
percent, as indicated above, to all
entries produced and/or exported by
Hanwha Chemical. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
jbell on DSKJLSW7X2PROD with NOTICES
7 In
these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
8 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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21:21 Dec 22, 2020
Jkt 253001
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this or a previously
completed review, or in the original
less-than-fair-value (LTFV)
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recent segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 3.69 percent, the all-others rate
established in the LTFV investigation.10
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.11
Interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.12 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the time limit for filing
case briefs.13 Parties who submit case
9 See
section 751(a)(2)(C) of the Act.
10 See Dioctyl Terephthalate from the Republic of
Korea: Antidumping Duty Order, 82 FR 39410
(August 18, 2017).
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
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83895
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.14 Case and rebuttal briefs
should be filed using ACCESS.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.16
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.17
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.18
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
14 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
16 See 19 CFR 351.310(c).
17 Id.
18 See section 751(a)(3)(A) of the Act.
15 See
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
III. Scope of the Order
IV. Application of Facts Available and Use of
Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020–28335 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA732]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: The Ecosystem Subcommittee
of the Pacific Fishery Management
Council’s (Pacific Council’s) Scientific
and Statistical Committee (SSC) will
hold an online meeting to consult with
the NMFS California Current Integrated
Ecosystem Assessment (CCIEA) team on
how COVID–19 impacts may affect its
annual Ecosystem Status Report to the
Pacific Council. The meeting is open to
the public.
DATES: The SSC Ecosystem
Subcommittee’s online meeting will be
held Tuesday, January 12, 2021,
beginning at 9 a.m. Pacific Standard
Time and continuing until 1 p.m. or
until business for the day has been
completed.
The SSC Ecosystem
Subcommittee meeting will be an online
meeting. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220.
FOR FURTHER INFORMATION CONTACT: Mr.
John DeVore, Staff Officer, Pacific
Fishery Management Council;
telephone: (503) 820–2413.
SUPPLEMENTARY INFORMATION: The
purpose of the SSC Ecosystem
Subcommittee meeting is to discuss
impacts of the COVID–19 pandemic
with the CCIEA team and how such
jbell on DSKJLSW7X2PROD with NOTICES
ADDRESSES:
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
impacts might affect its annual
Ecosystem Status Report to the Pacific
Council. The topics to be discussed are:
• Adjustments to forage time series
analyses to ensure consistency with
previous years’ data;
• Environmental driver: Biological
response thresholds analysis; and
• Groundfish distribution, port
availability shifts, and impacts to catch
portfolios.
The SSC Ecosystem Subcommittee
members’ role will be development of
recommendations and reports for
consideration by the SSC and the Pacific
Council at the March 2021 Pacific
Council meeting.
Although nonemergency issues not
contained in the meeting agendas may
be discussed, those issues may not be
the subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
notice and any issues arising after
publication of this notice that require
emergency action under Section 305(c)
of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent of the SSC Ecosystem
Subcommittee to take final action to
address the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt, (503) 820–2412, at least
10 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 17, 2020.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–28293 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA734]
Pacific Fishery Management Council;
Public Meetings and Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of reports;
public meetings, and hearings.
AGENCY:
SUMMARY: The Pacific Fishery
Management Council (Pacific Council)
has begun its annual preseason
management process for the 2021 ocean
PO 00000
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Sfmt 4703
salmon fisheries. This document
announces the availability of Pacific
Council documents, as well as the
anticipated dates and locations of
upcoming Pacific Council meetings and
public hearings hosted by the Pacific
Council. These documents and events
comprise the Pacific Council’s complete
schedule for determining the annual
proposed and final modifications to
ocean salmon fishery management
measures. The agendas for the March
and April 2021 Pacific Council meetings
will be published in subsequent Federal
Register documents prior to the actual
meetings.
DATES: Written comments on the salmon
management alternatives must be
submitted through the Pacific Council’s
e-portal (https://pfmc.psmfc.org.) and
received by the public comment
deadline prior to the April 2021 Council
meeting. Information will be available
on the Pacific Council’s website (https://
www.pcouncil.org.) as the date for the
April Council meeting approaches.
ADDRESSES: Documents will be available
upon request from the Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384; telephone: (503) 820–
2280 (voice) or (503) 820–2299 (fax).
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Ehlke, telephone: (503) 820–2280.
SUPPLEMENTARY INFORMATION:
Tentative Schedule for Document
Completion and Availability
February 16, 2021: ‘‘Review of 2020
Ocean Salmon Fisheries, Stock
Assessment and Fishery Evaluation
Document for the Pacific Coast Salmon
Fishery Management Plan’’ is scheduled
to be posted on the Pacific Council
website at https://www.pcouncil.org.
March 1, 2021: ‘‘Preseason Report I—
Stock Abundance Analysis and
Environmental Assessment Part 1 for
2021 Ocean Salmon Fishery
Regulations’’ is scheduled to be posted
on the Pacific Council website at https://
www.pcouncil.org.
March 22, 2021: ‘‘Preseason Report
II—Proposed Alternatives and
Environmental Assessment Part 2 for
2021 Ocean Salmon Fishery
Regulations.’’ The report will include a
description of the adopted salmon
management alternatives and a
summary of their biological and
economic impacts. The public hearings
schedule will also be included on the
inside cover of the report and will be
E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83894-83896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hanwha Chemical Corporation (Hanwha Chemical) made sales of
subject merchandise at less than normal value (NV) during the August 1,
2018 through July 31, 2019 period of review (POR). Commerce
preliminarily determines that sales of subject merchandise have not
been made below NV by Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem
Ltd. (LG Chem) during the POR. Interested parties are invited to
comment on these preliminary results of review.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, 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) 482-4243 or (202)
482-0012, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty (AD) order on dioctyl
terephthalate (DOTP) from the Republic of Korea (Korea), covering three
companies: AKP, Hanwha Chemical, and LG Chem.\1\ Hanwha Chemical
informed Commerce that it would not be participating in the review on
January 3, 2020.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
\2\ See Memorandum, ``Notification from Hanwha Chemical Corp.
Regarding Decision to Not Participate in the 2018-2019
Administrative Review of Dioctyl Terephthalate from the Republic of
Korea,'' dated January 6, 2020.
---------------------------------------------------------------------------
On April 21, 2020, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), Commerce extended the
preliminary results deadline by 118 days.\3\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days.\4\
On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by an additional 60 days.\5\ The deadline for these preliminary
results is now December 16, 2020.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Dioctyl Terephthalate from the Republic of
Korea: Extension of Deadline for Preliminary Results of the 2018-
2019 Antidumping Duty Administrative Review,'' dated April 21, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review:
Dioctyl Terephthalate from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is DOTP, regardless of form.
DOTP that has been blended with other products is included within this
scope when such blends include constituent parts that have not been
chemically reacted with each other to produce a different product. For
such blends, only the DOTP component of the mixture is covered by the
scope of this order. Subject merchandise is currently classified under
subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the Chemical Abstract
Service (CAS) registry number and HTSUS classification are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive. See the Preliminary Decision Memorandum
for a full description of the scope of the order.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. We calculated export price and
constructed export price in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act. For a full
description of the methodology underlying our calculations, see the
Preliminary Decision Memorandum.
The Preliminary 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as the Appendix to this notice.
Application of Facts Available with Adverse Inferences
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to determine a weighted-average
dumping margin for Hanwha Chemical in this review. Commerce
preliminarily finds that necessary information is not available on the
record, and that Hanwha Chemical withheld information requested by
Commerce, failed to provide the requested information in the form and
manner requested, and significantly impeded the proceeding, warranting
a determination on the basis of the facts available under section
776(a) of the Act. Further, Commerce preliminarily determines that
Hanwha Chemical failed to cooperate to the best of its ability, and
thus, Commerce is applying facts available with adverse inferences
(AFA) to Hanwha Chemical, in accordance with section 776(b) of the Act.
For a full description of the methodology underlying our conclusions
regarding the application of AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period August 1,
2018 through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd.............................. 0.00
[[Page 83895]]
Hanwha Chemical Corporation................................. 22.97
LG Chem, Ltd................................................ 0.00
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
For any individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50 percent)
or not based entirely on AFA, we will calculate importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\7\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is not zero or de minimis. If a respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with our practice, for entries of
subject merchandise during the POR for which a respondent did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\8\ Further, because Hanwha Chemical withdrew its
participation from this review, we will instruct CBP to apply an
assessment rate equal to the dumping margin of 22.97 percent, as
indicated above, to all entries produced and/or exported by Hanwha
Chemical. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\9\
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\7\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\9\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this or a
previously completed review, or in the original less-than-fair-value
(LTFV) investigation, but the producer is, the cash deposit rate will
be the rate established for the most recent segment for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 3.69 percent, the all-others rate
established in the LTFV investigation.\10\
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\10\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\11\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\12\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit for filing case briefs.\13\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\14\ Case and rebuttal
briefs should be filed using ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\16\ Hearing requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined.\17\
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\16\ See 19 CFR 351.310(c).
\17\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 83896]]
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-28335 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P