Notice2023-07044
Acetone From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
April 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20122-20124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07044]
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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\
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\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).
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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\
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\4\ Id. at ``Scope of the Order.''
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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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, the signed Preliminary Decision
Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins for the period March 1, 2021, through February 28, 2022.
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Weight-
average
Exporter or producer dumping
margin
(percent)
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Kumho P&B Chemicals, Inc.................................... 0.00
LG Chem, Ltd................................................ 0.00
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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\
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\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).
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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\
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\8\ See 19 CFR 351.310(c).
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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\
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\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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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
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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
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</html>Indexed from Federal Register on April 5, 2023.
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