Notice2022-23930
Dioctyl Terephthalate From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
Primary source
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Published
November 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 212 (Thursday, November 3, 2022)</title>
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[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66264-66265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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\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.
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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 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. A
complete version of the Issues and Decision Memorandum can be accessed
directly at <a href="https://access.trade.gov/public/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
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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