Acetone From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022, 52115-52116 [2023-16825]

Download as PDF Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices 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 the continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 214.89 percent. Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: August 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16818 Filed 8–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE ddrumheller on DSK120RN23PROD with NOTICES1 International Trade Administration [A–580–899] Acetone From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. 18:58 Aug 04, 2023 Jkt 259001 Applicable August 7, 2023. A full description of the scope of the Order is provided in the Preliminary Results.4 Final Results of Review We determine the following weightedaverage dumping margins for the period March 1, 2021, through February 28, 2022. 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: On April 5, 2023, Commerce published the preliminary results of the 2021–2022 administrative review of the antidumping duty order on acetone from the Republic of Korea.1 We invited interested parties to comment on the Preliminary Results.2 No interested parties submitted comments. Accordingly, Commerce made no changes to the Preliminary Results. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Order 3 1 See Acetone from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 20122 (April 5, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 Id., 88 FR at 20123. 3 See Acetone from Belgium, the Republic of South Africa, and the Republic of Korea: Antidumping Duty Orders, 85 FR 17866 (March 31, 2020) (Order). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Exporter Kumho P&B Chemicals, Inc ....... LG Chem, Ltd ............................. Weightedaverage dumping margin (percent) 0.00 0.00 Disclosure Background The merchandise subject to the Order is acetone from Korea. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. The merchandise covered by the Order is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may enter under subheadings in Chapter 38 of the HTSUS, including, but not limited to, those under subheadings 3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found under these HTSUS subheadings is nonexhaustive. Although these HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. 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 Margins Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation VerDate Sep<11>2014 DATES: Scope of the Appendix AGENCY: The U.S. Department of Commerce (Commerce) 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. SUMMARY: 52115 Because Commerce received no comments on the Preliminary Results, we have not modified our analysis and no decision memorandum accompanies this Federal Register notice. We are adopting the Preliminary Results as the final results of this review. Consequently, there are no new calculations to disclose in accordance with 19 CFR 351.224(b) for these final results. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, 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. Where the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), then Commerce will instruct CBP to liquidate entries without regard to antidumping duties.5 Accordingly, because the final weighted-average dumping margin for KPB and LG Chem is zero percent, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by either KPB 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 (i.e., 33.10 percent) 6 if there is no 4 See Preliminary Results PDM at 3–4. Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 6 See Order, 85 FR at 17866. 5 See E:\FR\FM\07AUN1.SGM 07AUN1 52116 Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices rate for the intermediate company(ies) involved in the transaction.7 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results 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 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 KPB and LG Chem will be zero; (2) for companies 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 recentlycompleted 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.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 Notification to Importers This notice serves as a final 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 doubled antidumping duties. 7 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Order, 85 FR at 17866. VerDate Sep<11>2014 18:58 Aug 04, 2023 Jkt 259001 Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: August 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16825 Filed 8–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–155] Certain Pea Protein From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. domestic producer of pea protein.1 The CVD petition was accompanied by an antidumping duty (AD) petition concerning imports of pea protein from China.2 On July 17, 18, and 25, 2023, Commerce requested supplemental information pertaining to certain aspects of the Petition.3 On July 18, 2023, the petitioner filed requests for extensions of time to respond to the supplemental questionnaires.4 On July 21 and 26, 2023, the petitioner timely filed responses to these requests for additional information.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of pea protein in China, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petition is supported by information reasonably available to the petitioner. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act.6 Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.7 AGENCY: DATES: Applicable August 1, 2023. FOR FURTHER INFORMATION CONTACT: Patrick Barton or T.J. Worthington, 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) 482–0012 or (202) 482–4567, respectively. SUPPLEMENTARY INFORMATION: The Petition On July 12, 2023, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of certain pea protein (pea protein) from the People’s Republic of China (China) filed in proper form on behalf of PURIS Proteins, LLC (the petitioner), a PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Pea Protein from China,’’ dated July 12, 2023 (Petition). 2 Id. 3 See Commerce’s Letter, ‘‘Supplemental Questions,’’ dated July 17, 2023 (Volume I Supplemental Questionnaire); see also Commerce’s Letter, ‘‘Supplemental Questions,’’ dated July 18, 2023; and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated July 25, 2023 (Scope Memorandum). 4 See Petitioner’s Letters, ‘‘Request for Extension to Respond to Volume I Supplemental Questionnaire,’’ dated July 18, 2023; and ‘‘Request for Extension to Respond to Volume III Supplemental Questionnaire,’’ dated July 18, 2023. 5 See Petitioner’s Letters, ‘‘Response of Petitioner to Volume I Supplemental Questionnaire,’’ dated July 21, 2023 (General Issues Supplement); ‘‘Response of Petitioner to Volume III Supplemental Questionnaire,’’ dated July 21, 2023; and ‘‘Certain Pea Protein from China/Petitioner’s Response to Second Supplemental Questionnaire,’’ dated July 26, 2023 (Scope Supplement). 6 See Petition at Volume I (pages 2–3). PURIS Proteins, LLC is an interested party, as defined in sections 771(9)(C) and (D) of the Act, respectively. 7 See ‘‘Determination of Industry Support for the Petition’’ section, infra. E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52115-52116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16825]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-899]


Acetone From the Republic of Korea: Final 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) 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.

DATES: Applicable August 7, 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 5, 2023, Commerce published the preliminary results of the 
2021-2022 administrative review of the antidumping duty order on 
acetone from the Republic of Korea.\1\ We invited interested parties to 
comment on the Preliminary Results.\2\ No interested parties submitted 
comments. Accordingly, Commerce made no changes to the Preliminary 
Results. Commerce conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Acetone from the Republic of Korea: Preliminary Results 
of Antidumping Duty Administrative Review; 2021-2022, 88 FR 20122 
(April 5, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ Id., 88 FR at 20123.
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Acetone from Belgium, the Republic of South Africa, and 
the Republic of Korea: Antidumping Duty Orders, 85 FR 17866 (March 
31, 2020) (Order).
---------------------------------------------------------------------------

    The merchandise subject to the Order is acetone from Korea. The 
Chemical Abstracts Service (CAS) registry number for acetone is 67-64-
1. The merchandise covered by the Order is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may 
enter under subheadings in Chapter 38 of the HTSUS, including, but not 
limited to, those under subheadings 3814.00.1000, 3814.00.2000, 
3814.00.5010, and 3814.00.5090. The list of items found under these 
HTSUS subheadings is non-exhaustive. Although these HTSUS subheadings 
and CAS registry number are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive.
    A full description of the scope of the Order is provided in the 
Preliminary Results.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Results PDM at 3-4.
---------------------------------------------------------------------------

Final Results of Review

    We determine the following weighted-average dumping margins for the 
period March 1, 2021, through February 28, 2022.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kumho P&B Chemicals, Inc....................................        0.00
LG Chem, Ltd................................................        0.00
------------------------------------------------------------------------

Disclosure

    Because Commerce received no comments on the Preliminary Results, 
we have not modified our analysis and no decision memorandum 
accompanies this Federal Register notice. We are adopting the 
Preliminary Results as the final results of this review. Consequently, 
there are no new calculations to disclose in accordance with 19 CFR 
351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, 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. Where 
the respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), then Commerce will instruct 
CBP to liquidate entries without regard to antidumping duties.\5\ 
Accordingly, because the final weighted-average dumping margin for KPB 
and LG Chem is zero percent, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
either KPB 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 (i.e., 33.10 percent) \6\ if there 
is no

[[Page 52116]]

rate for the intermediate company(ies) involved in the transaction.\7\
---------------------------------------------------------------------------

    \6\ See Order, 85 FR at 17866.
    \7\ For a full discussion of this practice, 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 these final results 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 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 
KPB and LG Chem will be zero; (2) for companies 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.\8\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \8\ See Order, 85 FR at 17866.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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 doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: August 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16825 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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