Acetone From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 20122-20124 [2023-07044]
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20122
Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices
investigation, within the deadline
specified in 19 CFR 351.218(d)(1)(i).4
The petitioner claimed domestic
interested party status under section
771(9)(F) of the Act and 19 CFR
351.102(b)(29)(viii), as an association
whose members are manufacturers of
the domestic like product in the United
States.5 On January 3, 2023, the
petitioner filed its timely substantive
response within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).6
Commerce received no substantive
responses from any other interested
parties with respect to the Order, nor
was a hearing requested. Commerce
received comments on the adequacy of
responses only from the domestic
interested party in this sunset review.7
On January 25, 2023, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties in this
sunset review.8 As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of the Order.
Scope of the Order
lotter on DSK11XQN23PROD with NOTICES1
The merchandise subject to this Order
is hardwood and decorative plywood,
and certain veneered panels as
described below. For purposes of this
proceeding, hardwood and decorative
plywood is defined as a generally flat,
multilayered plywood or other veneered
panel, consisting of two or more layers
or plies of wood veneers and a core,
with the face and/or back veneer made
of non-coniferous wood (hardwood) or
bamboo. The veneers, along with the
core may be glued or otherwise bonded
together. Hardwood and decorative
plywood may include products that
meet the American National Standard
for Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2016 (including any
revisions to that standard). A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.9
4 See Petitioner’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated December 13,
2022.
5 Id.
6 See Petitioner’s Letter, ‘‘Substantive Response to
Notice of Initiation,’’ dated January 3, 2023.
7 See Petitioner’s Letter, ‘‘Comments on Adequacy
of Response,’’ dated January 20, 2023.
8 See Commerce’s Letter, ‘‘Sunset Reviews for
December 2022,’’ dated January 25, 2023.
9 See Memorandum, ‘‘Issues and Decisions
Memorandum for the Expedited Sunset Review of
the Antidumping Duty Order on Certain Hardwood
Plywood Products from the People’s Republic of
China’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decisions
Memorandum).
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Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum. The issues discussed in
the Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of dumping and the
magnitude of the margins of dumping
likely to prevail if the Order were
revoked. A list of topics discussed in the
Issues and Decision Memorandum is
included 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would be likely to lead to continuation
or recurrence of dumping, and that the
margins of dumping likely to prevail
would be weighted-average margins of
up to 183.36 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
notification of the destruction of APO
materials or conversion to judicial
protective orders is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notifications to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy 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
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1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–07043 Filed 4–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–899]
Acetone From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Kumho P&B Chemicals, Inc.
(KPB) and LG Chem, Ltd. (LG Chem),
did not make sales of subject
merchandise at less than normal value
during the period of review (POR)
March 1, 2021, through February 28,
2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 27, 2021, Commerce
published the antidumping duty order
on acetone from Belgium, the Republic
of South Africa, and the Republic of
Korea (Korea).1 In accordance with
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), Commerce
is conducting an administrative review
of the Order. On May 13, 2022, in
accordance with 19 CFR
251.221(c)(1)(i), we initiated the
administrative review of the Order
covering KBP and LG Chem.2 For a
complete description of the events
between the initiation of this review and
these preliminary results, see the
Preliminary Decision Memorandum.3
1 See Acetone from Belgium, the Republic of
South Africa, and the Republic of Korea:
Antidumping Duty Orders, 85 FR 17866 (March 31,
2020) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
29280 (May 13, 2022).
3 See Memorandum, ‘‘Acetone from the Republic
of Korea: Decision Memorandum for the
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices
Scope of the Order
The merchandise subject to the Order
is acetone from Korea. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.4
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. We calculated export price in
accordance with section 772(a) of the
Act. We calculated normal value in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is available to the public
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, the signed
Preliminary Decision Memorandum can
be accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margins for the period March 1, 2021,
through February 28, 2022.
case briefs.6 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), 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.7
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 Standard Time within 30 days
after the date of publication of this
notice. Requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
(3) whether any participant is a foreign
national; and (4) a list of issues the party
intends to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.8
All submissions should be filed using
ACCESS,9 and must be served on
interested parties.10 Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.11
Final Results of Review
lotter on DSK11XQN23PROD with NOTICES1
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
Weightincluding the results of its analysis of
average
the issues raised in any written briefs,
Exporter or producer
dumping
margin
not later than 120 days after the date of
(percent)
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
Kumho P&B Chemicals, Inc .......
0.00
CFR 351.213(h)(1).
LG Chem, Ltd .............................
0.00
Assessment Rates
Disclosure and Public Comment
Pursuant to section 751(a)(2)(A) of the
Commerce intends to disclose the
calculations performed for these
preliminary results of review to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.5
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the date for filing
Preliminary Results of the Antidumping Duty
Administrative Review; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 Id. at ‘‘Scope of the Order.’’
5 See 19 CFR 351.309(c)(1)(ii).
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Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
6 See
19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.303.
10 See 19 CFR 351.303(f).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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20123
to CBP no earlier than 35 days after the
date of publication of the final results of
this administrative 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).
If KBP’s or LG Chem’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent),
upon completion of the final results,
Commerce intends to calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales to the total
entered value of those sales. Where we
do not have entered values for all U.S.
sales to a particular importer, we will
calculate an importer-specific, per-unit
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total quantity of those
sales.12 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. Where either KBP’s and
LG Chem’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.13
For entries of subject merchandise
during the POR produced by either KBP
or LG Chem for which it did not know
that the merchandise it sold to the
intermediary (e.g., reseller, trading
company, or exporter) was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate 14 if there is no rate for the
intermediate company(ies) involved in
the transaction.15 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
12 See
19 CFR 351.212(b)(1).
19 CFR 352.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 See Order.
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See
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20124
Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices
Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
deposits of estimated antidumping
duties, where applicable.16
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
KBP and LG Chem will be equal to the
weighted-average dumping margin
established in the final results of this
review for each respondent (except, if
that rate is de minimis, then the cash
deposit rate will be zero); (2) for
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 33.10 percent, the
all-others rate established in the lessthan-fair-value investigation.17 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
16 See
17 See
section 751(a)(2)(C) of the Act.
Order, 85 FR at 17866.
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Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Discussion of the Methodology
VI. Product Comparisons
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023–07044 Filed 4–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–049, C–570–050]
Ammonium Sulfate From the People’s
Republic of China: Continuation of
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
have determined that revocation of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
ammonium sulfate from the People’s
Republic of China (China) would be
likely to lead to the continuation or
recurrence of dumping, net
countervailable subsidies, and material
injury to an industry in the United
States. Therefore, Commerce is
publishing a notice of continuation of
these AD and CVD orders.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 9, 2017, Commerce published
the AD and CVD orders on ammonium
sulfate from China.1 On February 1,
2022, Commerce published the notice of
1 See Ammonium Sulfate from the People’s
Republic of China: Antidumping Duty and
Countervailing Duty Orders, 82 FR 13094 (March 9,
2017) (Orders).
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initiation of the first sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 As a result of its reviews,
Commerce determined that revocation
of the AD order would likely lead to the
continuation or recurrence of dumping
and that revocation of the CVD order
would likely lead to the continuation or
recurrence of countervailable
subsidies.3 Therefore, Commerce
notified the ITC of the magnitude of the
dumping margins and net
countervailable subsidy rates likely to
prevail should the Orders be revoked,
pursuant to sections 752(b) and (c) of
the Act. On February 14, 2023, the ITC
published its determination, pursuant to
section 751(c) of the Act, that revocation
of the Orders would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.4
Scope of the Orders
The merchandise covered by the
Orders is ammonium sulfate in all
physical forms, with or without
additives such as anti-caking agents.
Ammonium sulfate, which may also be
spelled as ammonium sulphate, has the
chemical formula (NH4)2SO4.
The scope includes ammonium
sulfate that is combined with other
products, including by, for example,
blending (i.e., mixing granules of
ammonium sulfate with granules of one
or more other products), compounding
(i.e., when ammonium sulfate is
compacted with one or more other
products under high pressure), or
granulating (incorporating multiple
products into granules through, e.g., a
slurry process). For such combined
products, only the ammonium sulfate
component is covered by the scope of
the Orders.
Ammonium sulfate that has been
combined with other products is
included within the scope regardless of
whether the combining occurs in
countries other than China.
Ammonium sulfate that is otherwise
subject to the Orders is not excluded
when commingled (i.e., mixed or
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 5467 (February 1, 2022).
3 See Ammonium Sulfate from the People’s
Republic of China: Final Results of the Expedited
First Sunset Review of the Antidumping Duty Order,
87 FR 34841 (June 8, 2022), and accompanying
Issues and Decision Memorandum (IDM); see also
Ammonium Sulfate from the People’s Republic of
China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order, 87 FR
34848 (June 8, 2022), and accompanying IDM.
4 See Ammonium Sulfate from China;
Investigation Nos. 701–TA–562 and 731–TA–1329
(Review), 88 FR 9540 (February 14, 2023).
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]]>Agencies
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20122-20124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07044]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-899]
Acetone From the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Kumho P&B Chemicals, Inc. (KPB) and LG Chem, Ltd. (LG Chem), did
not make sales of subject merchandise at less than normal value during
the period of review (POR) March 1, 2021, through February 28, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3964.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the antidumping duty order on
acetone from Belgium, the Republic of South Africa, and the Republic of
Korea (Korea).\1\ In accordance with section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act), Commerce is conducting an
administrative review of the Order. On May 13, 2022, in accordance with
19 CFR 251.221(c)(1)(i), we initiated the administrative review of the
Order covering KBP and LG Chem.\2\ For a complete description of the
events between the initiation of this review and these preliminary
results, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Acetone from Belgium, the Republic of South Africa, and
the Republic of Korea: Antidumping Duty Orders, 85 FR 17866 (March
31, 2020) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022).
\3\ See Memorandum, ``Acetone from the Republic of Korea:
Decision Memorandum for the Preliminary Results of the Antidumping
Duty Administrative Review; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
[[Page 20123]]
Scope of the Order
The merchandise subject to the Order is acetone from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id. at ``Scope of the Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price in accordance with
section 772(a) of the Act. We calculated normal value in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is available to the public 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, the signed Preliminary Decision
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins for the period March 1, 2021, through February 28, 2022.
------------------------------------------------------------------------
Weight-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Kumho P&B Chemicals, Inc.................................... 0.00
LG Chem, Ltd................................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than 30 days after the date of publication of this notice.\5\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.\7\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 Standard Time within 30
days after the date of publication of this notice. Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national; and (4) a list of issues the party intends to discuss. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
All submissions should be filed using ACCESS,\9\ and must be served
on interested parties.\10\ Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If KBP's or LG Chem's weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.50 percent), upon completion of the
final results, Commerce intends to calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales to the total
entered value of those sales. Where we do not have entered values for
all U.S. sales to a particular importer, we will calculate an importer-
specific, per-unit assessment rate on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total quantity of those sales.\12\ To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either KBP's and LG Chem's weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
either KBP or LG Chem for which it did not know that the merchandise it
sold to the intermediary (e.g., reseller, trading company, or exporter)
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate \14\ if there is no rate for the
intermediate company(ies) involved in the transaction.\15\ 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
[[Page 20124]]
deposits of estimated antidumping duties, where applicable.\16\
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\14\ See Order.
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\16\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
KBP and LG Chem will be equal to the weighted-average dumping margin
established in the final results of this review for each respondent
(except, if that rate is de minimis, then the cash deposit rate will be
zero); (2) for producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review or a
prior segment of the proceeding but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 33.10 percent, the all-others rate
established in the less-than-fair-value investigation.\17\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Order, 85 FR at 17866.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in 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 preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy 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. Affiliation
V. Discussion of the Methodology
VI. Product Comparisons
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023-07044 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P
