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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43990-43992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17094]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]

Dioctyl Terephthalate From the Republic of Korea: Final Results 
of Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that LG Chem 
Ltd. (LG Chem), a producer or exporter subject to this review, made 
sales of subject merchandise at less than normal value during the 
period of review (POR) August 1, 2019, through July 31, 2020. Commerce 
determines that Aekyung Petrochemical Co., Ltd. (AKP) had no shipments 
of subject merchandise during the POR.

DATES: Applicable August 11, 2021.

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:

[[Page 43991]]

Background

    On May 7, 2021, Commerce published the Preliminary Results of this 
administrative review.\1\ We invited interested parties to comment on 
the Preliminary Results.\2\ This review covers two respondents: AKP, 
and LG Chem. None of the parties to the proceeding provided comments on 
our Preliminary Results.
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    \1\ See Dioctyl Terephthalate from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020, 86 FR 24585 
(May 7, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
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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 classification are provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Application of Adverse Facts Available

    For these final results, we continue to find that LG Chem 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, we continue to find 
that LG Chem failed to cooperate to the best of its ability pursuant to 
section 776(b) of the Act by declining to participate in the review. 
Therefore, we continue to find that the application of adverse facts 
available, pursuant to sections 776(a) and (b) of the Act, is warranted 
with respect to LG Chem.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that AKP had no 
shipments of subject merchandise during the POR.\2\ As Commerce did not 
receive any comments on its preliminary finding, nor any information to 
contradict its preliminary determination of no shipments, Commerce 
continues to find that AKP did not have any shipments of subject 
merchandise during the POR. Accordingly, consistent with Commerce's 
practice,\3\ we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of subject merchandise produced 
by AKP, but exported by other parties, at the rate for the intermediate 
reseller, if available, or at the all-others rate of 3.69 percent.\4\
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    \2\ See Preliminary Results, 86 FR 24585, 24585-86; see also 
Preliminary Decision Memorandum at 3.
    \3\ See, e.g., Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May 
27, 2021).
    \4\ See Dioctyl Terephthalate from the Republic of Korea: 
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Final Results of the Administrative Review

    Commerce conducted this review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act). Because no party 
submitted comments on the Preliminary Results, the final results remain 
unchanged from the Preliminary Results.
    We determine that the following weighted-average dumping margin 
exists for the period August 1, 2019, through July 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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LG Chem, Ltd................................................       47.86
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Disclosure

    As noted above, Commerce received no comments on its Preliminary 
Results. As a result, we have not modified our analysis, and will not 
issue a decision memorandum to accompany this Federal Register notice. 
Further, because these results are based on the application of adverse 
facts available and we have not changed our analysis since the 
Preliminary Results, there are no calculations to disclose in 
accordance with 19 CFR 351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. For LG Chem, we will 
instruct CBP to apply an ad valorem assessment rate for antidumping 
duties equal to LG Chem's weighted-average dumping margin listed above 
to all entries of subject merchandise during the POR exported or 
produced by LG Chem.
    For AKP, which we determined had no shipments during the POR, we 
will instruct CBP to liquidate any suspended entries associated with 
AKP pursuant to the reseller policy.\5\
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    \5\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
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).

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 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 LG Chem will be equal to its 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by a company 
not covered in this review but covered in a prior completed segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer has been covered in a prior complete 
segment of this proceeding, the cash deposit rate will be the rate 
established for the most recent period for the

[[Page 43992]]

producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 3.69 percent,\6\ the all-
others rate established in the less-than-fair-value investigation.
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    \6\ 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.

Notification to Importers

    This notice also serves as a final 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-17094 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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