Dioctyl Terephthalate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 24585-24587 [2021-09716]
Download as PDF
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
for monthly and annual respondents
who report by telephone or send
electronic files or printouts.
Estimated Total Annual Burden
Hours: 17,625.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Sections 131 and 182.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–09672 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that LG Chem, Ltd. (LG Chem) made
sales of subject merchandise at less than
normal value during the August 1, 2019,
through July 31, 2020 period of review
(POR). Commerce preliminarily
determines that Aekyung Petrochemical
Co., Ltd. (AKP) had no shipments of
subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable May 7, 2021.
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:
Background
On October 6, 2020, 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 order on dioctyl
terephthalate (DOTP) from the Republic
of Korea (Korea), covering two
companies: AKP and LG Chem.1 On
January 22, 2021, LG Chem informed
Commerce that it would not be
participating in the review.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 The
Preliminary Decision Memorandum is a
public document that is on file
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
2 See LG Chem’s Letter, ‘‘LG Chem’s Decision to
Stop Participating in AD Review,’’ dated January
22, 2021.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
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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24585
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/. A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
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
HTSUS classifications 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.
Preliminary Determination of No
Shipments
On November 5, 2020, AKP submitted
a letter certifying that it had no exports,
sales or entries of subject merchandise
into the United States during the POR.4
U.S. Customs and Border Protection
(CBP) provided no information to
contradict these claims of no shipments
during the POR.5 Therefore, we
preliminarily determine that AKP had
no shipments during the POR.
Consistent with Commerce’s practice,
we will not rescind the review with
respect to AKP, but rather will complete
the review and issue appropriate
liquidation instructions to CBP based on
the final results.6 For further discussion,
4 See AKP’s Letter, ‘‘Administrative Review of the
Antidumping Order on Dioctyl Terephthalate from
Korea for the 2019–20 Review Period—No
Shipments Letter,’’ dated November 5, 2020.
5 See Memorandum, ‘‘Dioctyl terephthalate from
the Republic of Korea (A–580–889),’’ dated January
5, 2021.
6 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
E:\FR\FM\07MYN1.SGM
Continued
07MYN1
24586
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Pursuant to section
776(a) of the Act, Commerce is
preliminarily relying upon facts
otherwise available to determine a
weighted-average dumping margin for
LG Chem in this review. Commerce
preliminarily finds that necessary
information is not available on the
record, and that LG Chem 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 LG Chem failed to
cooperate to the best of its ability, and
thus, Commerce is applying facts
available with adverse inferences (AFA)
to LG Chem, 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 margin for
the period August 1, 2019, through July
31, 2020:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
LG Chem, Ltd .............................
47.86
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review. 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.7 If
the preliminary results are unchanged
for the final results, we will instruct
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
7 See section 751(a)(2)(C) of the Act.
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CBP to apply an ad valorem assessment
rate equal to LG Chem’s weightedaverage dumping margin in the final
results of this review to all entries of
subject merchandise during the period
of review from LG Chem. For AKP, if we
find that AKP had no shipments during
the POR, then we will instruct CBP to
liquidate any suspended entries
associated with AKP pursuant to the
reseller policy.8
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
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 LG Chem will be
equal to the weighted-average dumping
margin 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 or reviewed
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.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
8 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
9 See Dioctyl Terephthalate from the Republic of
Korea: Antidumping Duty Order, 82 FR 39410
(August 18, 2017).
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Disclosure and Public Comment
Normally, Commerce discloses the
calculations performed in connection
with preliminary results to interested
parties within five days after the date of
public announcement or publication of
this notice.10 Because Commerce
preliminarily applied a rate based on
AFA in accordance with section 776 of
the Act, to the only respondent with
shipments in this review, there are no
calculations to disclose.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.11
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.12 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.13 Case and rebuttal briefs
should be filed using ACCESS.14
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.15
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.16
Final Results of Review
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.17
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
10 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
12 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).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See 19 CFR 351.310(c).
16 Id.
17 See section 751(a)(3)(A) of the Act.
11 See
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
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: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Application of Facts Available and Use of
Adverse Inferences
VI. Recommendation
[FR Doc. 2021–09716 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC or the Committee) will hold a
virtual meeting via WebEx on
Wednesday May 26, 2021, hosted by the
U.S. Department of Commerce. The
meeting is open to the public with
registration instructions provided
below.
SUMMARY:
May 26, 2021, from
approximately 10:00 a.m. to 3:30 p.m.
Eastern Daylight Time EDT. Members of
the public wishing to participate must
register in advance with Cora Dickson at
the contact information below by 5:00
p.m. EDT on Friday, May 21, 2021,
including any requests to make
comments during the meeting or for
accommodations or auxiliary aids.
ADDRESSES: To register, please contact
Cora Dickson, Designated Federal
DATES:
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19:55 May 06, 2021
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Officer, Office of Energy and
Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov. Registered
participants will be emailed the login
information for the meeting, which will
be conducted via WebEx.
FOR FURTHER INFORMATION CONTACT: Cora
Dickson, Designated Federal Officer,
Office of Energy and Environmental
Industries (OEEI), Industry and
Analysis, International Trade
Administration, U.S. Department of
Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), on July 14, 2010. The
REEEAC was re-chartered most recently
on June 5, 2020. The REEEAC provides
the Secretary of Commerce with advice
from the private sector on the
development and administration of
programs and policies to expand the
export competitiveness of U.S.
renewable energy and energy efficiency
products and services. More information
about the REEEAC, including the list of
appointed members for this charter, is
published online at https://trade.gov/
reeeac.
On May 26, 2021, the REEEAC will
hold the first meeting of its current
charter term. The Committee, with
officials from the Department of
Commerce and other agencies, will
discuss major issues affecting the
competitiveness of the U.S. renewable
energy and energy efficiency industries,
determine sub-committee structure, and
provide consultation on REEEAC
leadership. An agenda will be made
available by May 21, 2021 upon request
to Cora Dickson.
The meeting will be open to the
public and will be accessible to people
with disabilities. All guests are required
to register in advance by the deadline
identified under the DATE caption.
Requests for auxiliary aids must be
submitted by the registration deadline.
Last minute requests will be accepted
but may not be possible to fill.
A limited amount of time before the
close of the meeting will be available for
oral comments from members of the
public attending the meeting. To
accommodate as many speakers as
possible, the time for public comments
will be limited to two to five minutes
per person (depending on number of
public participants). Individuals
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24587
wishing to reserve speaking time during
the meeting must contact Cora Dickson
using the contact information above and
submit a brief statement of the general
nature of the comments, as well as the
name and address of the proposed
participant, by 5:00 p.m. EDT on Friday,
May 21, 2021. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a copy of their oral
comments by email to Cora Dickson for
distribution to the participants in
advance of the meeting.
Any member of the public may
submit written comments concerning
the REEEAC’s affairs at any time before
or after the meeting. Comments may be
submitted via email to the Renewable
Energy and Energy Efficiency Advisory
Committee, c/o: Cora Dickson,
Designated Federal Officer, Office of
Energy and Environmental Industries,
U.S. Department of Commerce;
Cora.Dickson@trade.gov. To be
considered during the meeting, public
comments must be transmitted to the
REEEAC prior to the meeting. As such,
written comments must be received no
later than 5:00 p.m. EDT on Friday, May
21, 2021. Comments received after that
date will be distributed to the members
but may not be considered at the
meeting.
Copies of REEEAC meeting minutes
will be available within 30 days
following the meeting.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2021–09734 Filed 5–6–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Rescission of
Antidumping Duty Administrative
Review, in Part; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on
AGENCY:
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Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24585-24587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09716]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily
determines that LG Chem, Ltd. (LG Chem) made sales of subject
merchandise at less than normal value during the August 1, 2019,
through July 31, 2020 period of review (POR). Commerce preliminarily
determines that Aekyung Petrochemical Co., Ltd. (AKP) had no shipments
of subject merchandise during the POR. Interested parties are invited
to comment on these preliminary results of review.
DATES: Applicable May 7, 2021.
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 6, 2020, 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 order on dioctyl
terephthalate (DOTP) from the Republic of Korea (Korea), covering two
companies: AKP and LG Chem.\1\ On January 22, 2021, LG Chem informed
Commerce that it would not be participating in the review.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ See LG Chem's Letter, ``LG Chem's Decision to Stop
Participating in AD Review,'' dated January 22, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
The Preliminary Decision Memorandum is a public document that 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/. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 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 HTSUS
classifications 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.
Preliminary Determination of No Shipments
On November 5, 2020, AKP submitted a letter certifying that it had
no exports, sales or entries of subject merchandise into the United
States during the POR.\4\ U.S. Customs and Border Protection (CBP)
provided no information to contradict these claims of no shipments
during the POR.\5\ Therefore, we preliminarily determine that AKP had
no shipments during the POR. Consistent with Commerce's practice, we
will not rescind the review with respect to AKP, but rather will
complete the review and issue appropriate liquidation instructions to
CBP based on the final results.\6\ For further discussion,
[[Page 24586]]
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ See AKP's Letter, ``Administrative Review of the Antidumping
Order on Dioctyl Terephthalate from Korea for the 2019-20 Review
Period--No Shipments Letter,'' dated November 5, 2020.
\5\ See Memorandum, ``Dioctyl terephthalate from the Republic of
Korea (A-580-889),'' dated January 5, 2021.
\6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to determine a weighted-average
dumping margin for LG Chem in this review. Commerce preliminarily finds
that necessary information is not available on the record, and that LG
Chem 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 LG Chem failed to cooperate to
the best of its ability, and thus, Commerce is applying facts available
with adverse inferences (AFA) to LG Chem, 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 margin for the period August 1,
2019, through July 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
LG Chem, Ltd............................................... 47.86
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. 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.\7\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate equal to LG Chem's weighted-average
dumping margin in the final results of this review to all entries of
subject merchandise during the period of review from LG Chem. For AKP,
if we find that AKP had no shipments during the POR, then we will
instruct CBP to liquidate any suspended entries associated with AKP
pursuant to the reseller policy.\8\
---------------------------------------------------------------------------
\7\ See section 751(a)(2)(C) of the Act.
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 LG Chem will be
equal to the weighted-average dumping margin 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 or reviewed 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.\9\
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\9\ 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
Normally, Commerce discloses the calculations performed in
connection with preliminary results to interested parties within five
days after the date of public announcement or publication of this
notice.\10\ Because Commerce preliminarily applied a rate based on AFA
in accordance with section 776 of the Act, to the only respondent with
shipments in this review, there are no calculations to disclose.
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\10\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ 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.\12\ 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.\13\ Case and
rebuttal briefs should be filed using ACCESS.\14\
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ 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.\15\ 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.\16\
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\15\ See 19 CFR 351.310(c).
\16\ Id.
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Final Results of Review
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.\17\
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\17\ 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
[[Page 24587]]
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: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Application of Facts Available and Use of Adverse Inferences
VI. Recommendation
[FR Doc. 2021-09716 Filed 5-6-21; 8:45 am]
BILLING CODE 3510-DS-P