Dioctyl Terephthalate From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 66264-66265 [2022-23930]

Download as PDF 66264 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.6 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 7 Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 6, 2022, pursuant to 19 CFR 351.210(e), Eurochamp requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.8 On October 10, 2022, Giorgio Foods, Inc. (the petitioner) requested that, pursuant to 19 CFR 351.210(e), Commerce postpone the final determination in the event of a negative preliminary determination.9 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation is certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under this investigation 8 See Eurochamp’s Letter, ‘‘Request to Extend the Final Determination,’’ dated October 6, 2022. 9 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated October 10, 2022. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 are the genus Agaricus. ‘‘Preserved mushrooms’’ refer to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), including but not limited to cans or glass jars, in a suitable liquid medium, including but not limited to water, brine, butter, or butter sauce. Preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces. Excluded from the scope are ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms, which are prepared or preserved by means of vinegar or acetic acid, but may contain oil or other additives. To be prepared or preserved by means of vinegar or acetic acid, the merchandise must be a minimum 0.5 percent by weight acetic acid. The merchandise subject to this investigation is classifiable under subheadings 2003.10.0127, 2003.10.0131, and 2003.10.0137 of the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise may also be classified under HTSUS subheadings 2003.10.0143, 2003.10.0147, and 2003.10.0153. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inference V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2022–23923 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–889] Dioctyl Terephthalate From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices DATES: Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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. SUPPLEMENTARY INFORMATION: Background On July 1, 2021, Commerce published the Initiation Notice of the first sunset review of the AD order on DOTP from Korea 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On July 15, 2022, Eastman Chemical Company (Eastman Chemical), a domestic interested party and the petitioner in the underlying investigation, timely notified Commerce of its intent to participate within the deadline specified in 19 CFR 351.218(d)(1)(i).3 On August 1, 2022, Eastman Chemical submitted a timely substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review. On August 23, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from the respondent interested parties in this sunset review.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order lotter on DSK11XQN23PROD with NOTICES1 The merchandise covered by this Order is dioctyl terephthalate (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 1 See Dioctyl Terephthalate from the Republic of Korea: Antidumping Duty Order, 82 FR 39409 (August 18, 2017) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 (July 1, 2022) (Initiation Notice). 3 See Eastman Chemical’s Letter, ‘‘Five-Year (‘‘Sunset’’) Review Of Antidumping Duty Order On Dioctyl Terephthalate From the Republic of Korea: Eastman Chemical Company’s Notice Of Intent To Participate In Sunset Review,’’ dated July 15, 2022. 4 See Eastman Chemical’s Letter, ‘‘Five-Year (Sunset) Review of Antidumping Duty Order on Dioctyl Terephthalate from the Republic of Korea: Eastman Chemical Company’s Substantive Response to Notice of Initiation of Review of the Antidumping Duty Order,’’ dated August 1, 2022. 5 See Commerce’s Letter, ‘‘Sunset Reviews for July 1, 2022,’’ dated August 23, 2022. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 the mixture is covered by the scope of this Order. DOTP that is otherwise subject to this Order is not excluded when commingled with DOTP from sources not subject to this Order. Commingled refers to the mixing of subject and nonsubject DOTP. Only the subject component of such commingled products is covered by the scope of the Order. DOTP has the general chemical formulation C6H4(C8H17COO)2 and a chemical name of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a Chemical Abstract Service (CAS) registry number of 6422–86–2. Regardless of the label, all DOTP is covered by 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 CAS registry number and HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margin of dumping likely to prevail if this Order were revoked. A list of the issues discussed in the decision memorandum is attached as an appendix to this notice. 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 complete version of the Issues and Decision Memorandum can be accessed directly at https:// access.trade.gov/public/FRNotices/ ListLayout.aspx. Final Results of Review Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the margin of dumping likely to prevail would be up to 4.08 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 66265 destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction of APO materials or conversion to a 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 results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.221(c)(5)(ii). Dated: October 28, 2022. Lisa W. Wang, 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 or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2022–23930 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–421–815] Certain Preserved Mushrooms From the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES: Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith or Patrick Barton, AD/CVD Operations, Office III, Enforcement and Compliance, AGENCY: E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66264-66265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23930]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


Dioctyl Terephthalate From the Republic of Korea: Final Results 
of the Expedited First Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the 
Republic of Korea (Korea) would be likely to lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Review'' section of this notice.

[[Page 66265]]


DATES: Applicable November 3, 2022.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2021, Commerce published the Initiation Notice of the 
first sunset review of the AD order on DOTP from Korea \1\ pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
July 15, 2022, Eastman Chemical Company (Eastman Chemical), a domestic 
interested party and the petitioner in the underlying investigation, 
timely notified Commerce of its intent to participate within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ On August 1, 2022, 
Eastman Chemical submitted a timely substantive response for this 
review within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ Commerce did not receive a substantive response 
from any other interested parties with respect to the Order covered by 
this sunset review. On August 23, 2022, Commerce notified the U.S. 
International Trade Commission that it did not receive an adequate 
substantive response from the respondent interested parties in this 
sunset review.\5\ As a result, pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited 
(120-day) sunset review of this Order.
---------------------------------------------------------------------------

    \1\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39409 (August 18, 2017) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 
(July 1, 2022) (Initiation Notice).
    \3\ See Eastman Chemical's Letter, ``Five-Year (``Sunset'') 
Review Of Antidumping Duty Order On Dioctyl Terephthalate From the 
Republic of Korea: Eastman Chemical Company's Notice Of Intent To 
Participate In Sunset Review,'' dated July 15, 2022.
    \4\ See Eastman Chemical's Letter, ``Five-Year (Sunset) Review 
of Antidumping Duty Order on Dioctyl Terephthalate from the Republic 
of Korea: Eastman Chemical Company's Substantive Response to Notice 
of Initiation of Review of the Antidumping Duty Order,'' dated 
August 1, 2022.
    \5\ See Commerce's Letter, ``Sunset Reviews for July 1, 2022,'' 
dated August 23, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this Order is dioctyl terephthalate 
(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.
    DOTP that is otherwise subject to this Order is not excluded when 
commingled with DOTP from sources not subject to this Order. Commingled 
refers to the mixing of subject and non-subject DOTP. Only the subject 
component of such commingled products is covered by the scope of the 
Order.
    DOTP has the general chemical formulation C6H4(C8H17COO)2 and a 
chemical name of ``bis (2-ethylhexyl) terephthalate'' and has a 
Chemical Abstract Service (CAS) registry number of 6422-86-2. 
Regardless of the label, all DOTP is covered by 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 CAS registry 
number and HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, including the likelihood of continuation or 
recurrence of dumping and the magnitude of the margin of dumping likely 
to prevail if this Order were revoked. A list of the issues discussed 
in the decision memorandum is attached as an appendix to this notice. 
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 
complete version of the Issues and Decision Memorandum can be accessed 
directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Final Results of Review

    Pursuant to sections 751(c) and 752(c) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to 
continuation or recurrence of dumping, and that the magnitude of the 
margin of dumping likely to prevail would be up to 4.08 percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the return or destruction of APO materials or conversion to a 
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 results in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.221(c)(5)(ii).

    Dated: October 28, 2022.
Lisa W. Wang,
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 or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2022-23930 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P

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