Dioctyl Terephthalate From the Republic of Korea: Continuation of Antidumping Duty Order
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty order on dioctyl terephthalate from the Republic of Korea (Korea) would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this antidumping duty order.
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56590-56591]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17812]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty order on dioctyl terephthalate
from the Republic of Korea (Korea) would likely lead to the
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of this antidumping duty order.
DATES: Applicable June 29, 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 in the Federal Register the
order on dioctyl terephthalate from Korea.\1\ On July 1, 2022, the ITC
instituted,\2\ and Commerce initiated,\3\ the first sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to the continuation or
recurrence of dumping, and therefore, notified the ITC of the magnitude
of the margins of dumping likely to prevail should the Order be
revoked.\4\
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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 Dioctyl Terephthalate from South Korea; Institution of a
Five-Year Review, 87 FR 39556 (July 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459
(July 1, 2022).
\4\ See Dioctyl Terephthalate from the Republic of Korea: Final
Results of the Expedited First Sunset Review of the Antidumping Duty
Order, 87 FR 66264 (November 3, 2022), and accompanying Issues and
Decision Memorandum.
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On June 29, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Dioctyl Terephthalate from the Republic of Korea, 88 FR
42103 (June 29, 2023).
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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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect antidumping duty cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Order will be June
29, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Order not later than 30
[[Page 56591]]
days prior to fifth anniversary of the date of the last determination
by the Commission.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17812 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-DS-P
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