Notice2023-08538
Dioctyl Terephthalate From the Republic of Korea: Rescission of Antidumping Administrative Review; 2021-2022
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
April 24, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea), covering the period of review (POR) August 1, 2021, through July 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24758-24759]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08538]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Rescission of
Antidumping Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty order on dioctyl
terephthalate (DOTP) from the Republic of Korea (Korea), covering the
period of review (POR) August 1, 2021, through July 31, 2022.
DATES: Applicable April 24, 2023.
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 August 2, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on DOTP from Korea, covering the POR.\1\ On
August 31, 2022, Eastman Chemical Company (Eastman, a domestic
producer) timely requested that Commerce conduct an administrative
review.\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\2\ See Eastman's Letter, ``Dioctyl Terephthalate (DOTP) from
Korea: Administrative Review Request,'' dated August 31, 2022.
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On October 11, 2022, Commerce published in the Federal Register a
notice of initiation of an administrative review with respect to
Aekyung Petrochemical (AKP), Hanwha Chemical Corporation (Hanwha
Chemical), and LG Chem, Ltd. (LG Chem) in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On November
10, 2022, Aekyung Chemical Co., Ltd. (AKC) filed a letter explaining
that AKP, one of the three companies subject to this review, changed
its business name to AKC, effective November 1, 2021.\4\ As a result,
AKC explained that the operations related to DOTP during the review
period by the legal entity formerly known as AKP were conducted under
the name of AKP until November 1, 2021, and then under the name of AKC
after that date.\5\ In addition, AKC certified that neither AKP nor AKC
had exports, sales, or entries of DOTP into the United States during
the POR.\6\
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See AKP's Letter, ``Administrative Review of the Antidumping
Order on Dioctyl Terephthalate from Korea for the 2021-22 Review
Period--No Shipments Letter,'' dated November 10, 2022 (AKP's No
Shipments Letter).
\5\ Id.
\6\ Id. at 2. We clarify that this review was initiated on and
covers AKP. AKC has not requested that we conduct a successor-in-
interest analysis in this review and Commerce has not considered
whether AKC is the successor-in-interest to AKP.
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On November 8, 2022, we requested from U.S. Customs and Border
Protection (CBP) a data file of entries of subject merchandise imported
into the United States during the POR for those companies for which a
review was initiated. On November 16, 2022, we received the CBP entry
data \7\ that demonstrated that there were no entries during the POR
from companies covered by the review (i.e., AKP, Hanwha Chemical, and
LG Chem).\8\ Consequently, we stated that we intended to rescind the
review and solicited comments regarding the CBP data, respondent
selection, and our intent to rescind the review.\9\ None of the parties
to the proceeding provided comments regarding the CBP data, respondent
selection, or the rescission of the review.
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\7\ See Memorandum, ``Antidumping Duty Administrative Review of
Dioctyl Terephthalate from the Republic of Korea: Release of Customs
Data from U.S. Customs and Border Protection,'' dated November 16,
2022 (Customs Data Memorandum).
\8\ Id.
\9\ Id.
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On March 7, 2023, we issued a memorandum to clarify our intent to
rescind the review in full.\10\ We reiterated that the record of this
review demonstrates that none of the companies upon which we initiated
the review (i.e., AKP, Hanwha Chemical, and LG Chem) had entries of the
subject merchandise during the instant POR.\11\ In addition, we noted
that AKP had stated for the record that it made no entries during the
POR.\12\ We explained further that because the CBP data demonstrates
that there were no suspended entries for the companies under review
during the POR, and, none of the parties to the proceeding have
provided information or argument to the contrary, we confirmed that it
was our intention to rescind this review.\13\ We provided all
interested parties an additional opportunity to comment on Commerce's
intent to rescind the review.\14\ No party to the proceeding provided
comments on Commerce's intent to rescind the review.
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\10\ See Memorandum, ``Antidumping Duty Administrative Review of
Dioctyl Terephthalate from the Republic of Korea: Statement of
Intent to Rescind this Administrative Review,'' dated March 7, 2023.
\11\ Id. (citing Customs Data Memorandum).
\12\ Id. (citing AKP's No Shipments Letter).
\13\ Id. at 2.
\14\ Id.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
concludes that there were no suspended entries of subject merchandise
during the POR.\15\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period.\16\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the
calculated antidumping duty assessment rate for the review period.\17\
As noted above,
[[Page 24759]]
there were no suspended entries of subject merchandise from AKP, Hanwha
Chemical, or LG Chem during the POR. Accordingly, in the absence of
suspended entries of subject merchandise during the POR, we are
rescinding this administrative review for AKP, Hanwha Chemical, and LG
Chem in accordance with 19 CFR 351.213(d)(3).
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\15\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
\16\ See 19 CFR 351.212(b)(1).
\17\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to
section 751(a) of the Act, the CIT held: ``While the statute does
not explicitly require that an entry be suspended as a prerequisite
for establishing entitlement to a review, it does explicitly state
the determined rate will be used as the liquidation rate for the
reviewed entries. This result can only obtain if the liquidation of
entries has been suspended. . . . ''; see also Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and
Decision Memorandum at Comment 4; and Solid Fertilizer Grade
Ammonium Nitrate From the Russian Federation: Notice of Rescission
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29,
2012) (noting that ``for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate'').
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Because Commerce is rescinding this review in its
entirety, the entries to which this administrative review pertained
shall be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of this rescission notice in
the Federal Register.
Cash Deposit Requirements
As Commerce has proceeded to a final rescission of this
administrative review, no cash deposit rates will change. Accordingly,
the current cash deposit requirements shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
the APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).
Dated: April 17, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-08538 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 24, 2023.
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