Notice2021-17094
Dioctyl Terephthalate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that LG Chem Ltd. (LG Chem), a producer or exporter subject to this review, made sales of subject merchandise at less than normal value during the period of review (POR) August 1, 2019, through July 31, 2020. Commerce determines that Aekyung Petrochemical Co., Ltd. (AKP) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43990-43992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17094]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Final Results
of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that LG Chem
Ltd. (LG Chem), a producer or exporter subject to this review, made
sales of subject merchandise at less than normal value during the
period of review (POR) August 1, 2019, through July 31, 2020. Commerce
determines that Aekyung Petrochemical Co., Ltd. (AKP) had no shipments
of subject merchandise during the POR.
DATES: Applicable August 11, 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:
[[Page 43991]]
Background
On May 7, 2021, Commerce published the Preliminary Results of this
administrative review.\1\ We invited interested parties to comment on
the Preliminary Results.\2\ This review covers two respondents: AKP,
and LG Chem. None of the parties to the proceeding provided comments on
our Preliminary Results.
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\1\ See Dioctyl Terephthalate from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020, 86 FR 24585
(May 7, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
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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 classification are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.
Application of Adverse Facts Available
For these final results, we continue to find 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, we continue to find
that LG Chem failed to cooperate to the best of its ability pursuant to
section 776(b) of the Act by declining to participate in the review.
Therefore, we continue to find that the application of adverse facts
available, pursuant to sections 776(a) and (b) of the Act, is warranted
with respect to LG Chem.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that AKP had no
shipments of subject merchandise during the POR.\2\ As Commerce did not
receive any comments on its preliminary finding, nor any information to
contradict its preliminary determination of no shipments, Commerce
continues to find that AKP did not have any shipments of subject
merchandise during the POR. Accordingly, consistent with Commerce's
practice,\3\ we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate any existing entries of subject merchandise produced
by AKP, but exported by other parties, at the rate for the intermediate
reseller, if available, or at the all-others rate of 3.69 percent.\4\
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\2\ See Preliminary Results, 86 FR 24585, 24585-86; see also
Preliminary Decision Memorandum at 3.
\3\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May
27, 2021).
\4\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Final Results of the Administrative Review
Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). Because no party
submitted comments on the Preliminary Results, the final results remain
unchanged from the Preliminary Results.
We determine that the following weighted-average dumping margin
exists for the period August 1, 2019, through July 31, 2020:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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LG Chem, Ltd................................................ 47.86
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Disclosure
As noted above, Commerce received no comments on its Preliminary
Results. As a result, we have not modified our analysis, and will not
issue a decision memorandum to accompany this Federal Register notice.
Further, because these results are based on the application of adverse
facts available and we have not changed our analysis since the
Preliminary Results, there are no calculations to disclose in
accordance with 19 CFR 351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For LG Chem, we will
instruct CBP to apply an ad valorem assessment rate for antidumping
duties equal to LG Chem's weighted-average dumping margin listed above
to all entries of subject merchandise during the POR exported or
produced by LG Chem.
For AKP, which we determined had no shipments during the POR, we
will instruct CBP to liquidate any suspended entries associated with
AKP pursuant to the reseller policy.\5\
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\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 cash deposit requirements will be effective for all
shipments of 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 its
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by a company
not covered in this review but covered in a prior completed segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer has been covered in a prior complete
segment of this proceeding, the cash deposit rate will be the rate
established for the most recent period for the
[[Page 43992]]
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 3.69 percent,\6\ the all-
others rate established in the less-than-fair-value investigation.
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\6\ 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.
Notification to Importers
This notice also 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 double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-17094 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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