[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83894-83896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28335]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


Dioctyl Terephthalate From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Hanwha Chemical Corporation (Hanwha Chemical) made sales of 
subject merchandise at less than normal value (NV) during the August 1, 
2018 through July 31, 2019 period of review (POR). Commerce 
preliminarily determines that sales of subject merchandise have not 
been made below NV by Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem 
Ltd. (LG Chem) during the POR. Interested parties are invited to 
comment on these preliminary results of review.

DATES: Applicable December 23, 2020.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, 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 or (202) 
482-0012, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the antidumping duty (AD) order on dioctyl 
terephthalate (DOTP) from the Republic of Korea (Korea), covering three 
companies: AKP, Hanwha Chemical, and LG Chem.\1\ Hanwha Chemical 
informed Commerce that it would not be participating in the review on 
January 3, 2020.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
    \2\ See Memorandum, ``Notification from Hanwha Chemical Corp. 
Regarding Decision to Not Participate in the 2018-2019 
Administrative Review of Dioctyl Terephthalate from the Republic of 
Korea,'' dated January 6, 2020.
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    On April 21, 2020, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), Commerce extended the 
preliminary results deadline by 118 days.\3\ On April 24, 2020, 
Commerce tolled all deadlines in administrative reviews by 50 days.\4\ 
On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by an additional 60 days.\5\ The deadline for these preliminary 
results is now December 16, 2020.
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    \3\ See Memorandum, ``Dioctyl Terephthalate from the Republic of 
Korea: Extension of Deadline for Preliminary Results of the 2018-
2019 Antidumping Duty Administrative Review,'' dated April 21, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review: 
Dioctyl Terephthalate from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by this order is 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. 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 Chemical Abstract 
Service (CAS) registry number and HTSUS classification are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive. See the Preliminary Decision Memorandum 
for a full description of the scope of the order.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. We calculated export price and 
constructed export price in accordance with section 772 of the Act. We 
calculated NV in accordance with section 773 of the Act. For a full 
description of the methodology underlying our calculations, see the 
Preliminary Decision Memorandum.
    The Preliminary 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as the Appendix to this notice.

Application of Facts Available with Adverse Inferences

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to determine a weighted-average 
dumping margin for Hanwha Chemical in this review. Commerce 
preliminarily finds that necessary information is not available on the 
record, and that Hanwha Chemical withheld information requested by 
Commerce, failed to provide the requested information in the form and 
manner requested, and significantly impeded the proceeding, warranting 
a determination on the basis of the facts available under section 
776(a) of the Act. Further, Commerce preliminarily determines that 
Hanwha Chemical failed to cooperate to the best of its ability, and 
thus, Commerce is applying facts available with adverse inferences 
(AFA) to Hanwha Chemical, in accordance with section 776(b) of the Act. 
For a full description of the methodology underlying our conclusions 
regarding the application of AFA, see the Preliminary Decision 
Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period August 1, 
2018 through July 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Aekyung Petrochemical Co., Ltd..............................        0.00

[[Page 83895]]

 
Hanwha Chemical Corporation.................................       22.97
LG Chem, Ltd................................................        0.00
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review.
    For any individually examined respondents whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 percent) 
or not based entirely on AFA, we will calculate importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\7\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is not zero or de minimis. If a respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties. In accordance with our practice, for entries of 
subject merchandise during the POR for which a respondent did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\8\ Further, because Hanwha Chemical withdrew its 
participation from this review, we will instruct CBP to apply an 
assessment rate equal to the dumping margin of 22.97 percent, as 
indicated above, to all entries produced and/or exported by Hanwha 
Chemical. 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 deposits of estimated 
duties, where applicable.\9\
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    \7\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \9\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be that established in the final results of 
this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
investigated companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this or a 
previously completed review, or in the original less-than-fair-value 
(LTFV) investigation, but the producer is, the cash deposit rate will 
be the rate established for the most recent segment for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 3.69 percent, the all-others rate 
established in the LTFV investigation.\10\
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    \10\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\11\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\12\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\13\ 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.\14\ Case and rebuttal 
briefs should be filed using ACCESS.\15\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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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 Time within 30 days after 
the date of publication of this notice.\16\ 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. 
Issues raised in the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined.\17\
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    \16\ See 19 CFR 351.310(c).
    \17\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\18\
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    \18\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background

[[Page 83896]]

III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2020-28335 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P