Federal Register - August 11, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 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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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 C6H4C8H17COO2 and a chemical name of bis 2-ethylhexyl terephthalate and has a Chemical Abstract Service CAS registry number of 6422862. 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 776a of the Act. Further, we continue to find that LG Chem failed to cooperate to the best of its ability pursuant to 1 See Dioctyl Terephthalate from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 20192020, 86 FR
24585 May 7, 2021 Preliminary Results, and accompanying Preliminary Decision Memorandum.
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section 776b 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 776a 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 Commerces 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
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:
43991
and we have not changed our analysis since the Preliminary Results, there are no calculations to disclose in accordance with 19 CFR 351.224b for these final results.
Assessment Rates Pursuant to section 751a2A of the Act and 19 CFR 351.212b1, 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 Chems 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
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 Weightedentered, or withdrawn from warehouse, average for consumption on or after the Exporter or producer dumping margin publication date of the final results of percent this administrative review, as provided by section 751a2C of the Act: 1
LG Chem, Ltd
47.86
The cash deposit rate for LG Chem will be equal to its weighted-average Disclosure dumping margin established in the final As noted above, Commerce received results of this administrative review; 2
no comments on its Preliminary Results. for merchandise exported by a company not covered in this review but covered As a result, we have not modified our in a prior completed segment of the analysis, and will not issue a decision proceeding, the cash deposit rate will memorandum to accompany this continue to be the company-specific rate Federal Register notice. Further, published for the most recent period; 3
because these results are based on the if the exporter is not a firm covered in application of adverse facts available this review, a prior review, or the 2 See Preliminary Results, 86 FR 24585, 24585
original investigation but the producer 86; see also Preliminary Decision Memorandum at has been covered in a prior complete 3.
segment of this proceeding, the cash 3 See, e.g., Certain Corrosion-Resistant Steel deposit rate will be the rate established Products from Taiwan: Final Results of the for the most recent period for the Antidumping Duty Administrative Review and Final Determination of No Shipments; 20182019, 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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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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