Notice2023-14934
Dioctyl Terephthalate From the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
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
July 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea). Additionally, Commerce preliminarily determines that Aekyung Chemical Co., Ltd. (AKC) is the successor-in- interest to Aekyung Petrochemical Co., Ltd. (AKP). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45140-45141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14934]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Notice of
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on dioctyl terephthalate (DOTP) from
the Republic of Korea (Korea). Additionally, Commerce preliminarily
determines that Aekyung Chemical Co., Ltd. (AKC) is the successor-in-
interest to Aekyung Petrochemical Co., Ltd. (AKP). Interested parties
are invited to comment on these preliminary results.
DATES: Applicable July 14, 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 18, 2017, Commerce published the AD order on DOTP from
Korea in the Federal Register.\1\ On December 6, 2022, AKC requested
that Commerce conduct an expedited CCR of the Order, in accordance with
section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR
351.216(d), and 19 CFR 351.221(c)(3)(ii) to determine that AKC is the
successor-in-interest to AKP and is entitled to the cash deposit rate
currently in effect for AKP.\2\ On January 5, 2023, Commerce issued a
request for supplemental information to AKC, which we determined was
necessary for the CCR request to be considered complete.\3\ On May 24,
2023, AKC resubmitted its initial CCR request with complete responses
to Commerce's request for supplemental information included,\4\ at
which point Commerce considered the complete CCR request to be
submitted in proper form.
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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 AKC's Letter, ``Request for Changed Circumstances Review
and Successor-in-Interest Determination,'' dated December 6, 2022
(Initial CCR Request).
\3\ See Commerce's Letter, ``Request for Additional
Information,'' dated January 3, 2023.
\4\ See AKC's Letter, ``Response to the Department's January 5
Request for Additional Information,'' dated May 23, 2023, inclusive
of Volume I (Resubmission of the Initial CCR Request) and Volume II
(Response to Request for Supplementary Information) (Complete CCR
Request).
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AKC explained that it requested a CCR because AKP changed its name
pursuant to a merger agreement, in which the companies formerly known
as Aekyung Chemical Co., Ltd., and AK ChemTech Co., Ltd., were merged
into AKP, under the new company name, AKC.\5\ The legal entity formerly
known as AKP continues to exist under the name of AKC.\6\ However, due
to the merger, the legal entities formerly known as Aekyung Chemical
Co., Ltd., and AK ChemTech Co., Ltd., ceased to exist effective
November 1, 2021. Pursuant to the merger agreement, all assets,
liabilities, rights, and obligations as well as any intangible rights
of proprietary nature (including but not limited to licenses and
permits, employment and contractual relationships, and litigations) of
the former Aekyung Chemical Co., Ltd., and AK ChemTech Co., Ltd., were
transferred to and assumed by post-merger AKC.\7\ AKC explained further
that prior to the merger, neither the former Aekyung Chemical Co.,
Ltd., nor AK ChemTech Co., Ltd., had any involvement in the production,
sale, or distribution of DOTP.\8\ In addition, after the merger, the
operations of DOTP conducted by AKP prior to the merger continued to be
performed by the company under the new legal name, AKC.\9\ As a result,
AKC explained that the merger did not affect the management or internal
organization structure of the DOTP business, production, supplier
relationships, or customer base.\10\
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\5\ See Complete CCR Request at Volume I, Attachments 1,
``Merger Agreement,'' and 2, ``Notice of Merger.''
\6\ The business registration number and corporation
registration number assigned to AKP continue to be assigned to AKC
after the merger. The business registration certificates for pre-
merger AKP and post-merger AKC are provided in Attachment 3 of AKC's
Initial CCR request and Volume I of AKC's Complete CCR Request.
\7\ See Complete CCR Request at Volume I at 3.
\8\ Id.
\9\ Id.
\10\ Id. at 3-4.
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We received no comments from interested parties concerning this
request.
Scope of the Order
The merchandise covered by this Order is DOTP, regardless of form.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\11\
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\11\ See Memorandum, ``Decision Memorandum for Initiation and
Preliminary Results of Changed Circumstances Review: Dioctyl
Terephthalate from the Republic of Korea,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Initiation of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR of an order upon receipt of information or
a review request from an interested party for a review of an AD order
which shows changed circumstances sufficient to warrant a review of the
order. The information submitted by AKC supporting its claim to be the
successor-in-interest to AKP demonstrates changed circumstances
sufficient to warrant such a review.\12\ Therefore, in accordance with
section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are
initiating a CCR based upon the information contained in AKC's CCR
Request.
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\12\ See 19 CFR 351.216(d).
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Preliminary Results of Review
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\13\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is
[[Page 45141]]
warranted and have combined the notice of initiation and the notice of
preliminary results.\14\
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\13\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\14\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
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In this CCR, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) ownership and
management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\15\ While no single factor or combination of factors
will necessarily provide a dispositive indication of a successor-in-
interest relationship, generally, Commerce will consider the new
company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\16\ Thus, if the record evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the predecessor
company, Commerce may assign the new company the cash deposit rate of
its predecessor.\17\
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\15\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\16\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\17\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name.
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In accordance with 19 CFR 351.216, we preliminarily determine that
AKC is the successor-in-interest to AKP. Record evidence, as submitted
by AKC, indicates that AKC operates as essentially the same business
entity as AKP with respect to the subject merchandise.\18\
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\18\ See AKC's Complete CCR Request.
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For the complete successor-in-interest analysis, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made 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, a complete version of the Preliminary
Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\19\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the case
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case
or rebuttal briefs 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.\20\
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\19\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\20\ See 19 CFR 351.309(c)(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 via ACCESS within 14
days of publication of this notice.\21\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing, in accordance with 19 CFR
351.310(d).
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\21\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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All submissions are to be filed electronically using Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS) available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. An electronically filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the established deadline.\22\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\23\
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\22\ See 19 CFR 351.303(b).
\23\ 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
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise produced or exported by AKC the AD cash
deposit rate applicable to AKP.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3).
Dated: July 7, 2023.
Lisa W. Wang,
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. Initiation and Preliminary Results of Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023-14934 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 14, 2023.
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