82_FR_28945 82 FR 28824 - Dioctyl Terephthalate From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

82 FR 28824 - Dioctyl Terephthalate From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 121 (June 26, 2017)

Page Range28824-28826
FR Document2017-13285

The Department of Commerce (the Department) determines that dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. For information on the estimated weighted- average dumping margins of sales at LTFV, see the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 121 (Monday, June 26, 2017)
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28824-28826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13285]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


Dioctyl Terephthalate From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is April 1, 2015, 
through March 31, 2016. For information on the estimated weighted-
average dumping margins of sales at LTFV, see the ``Final 
Determination'' section of this notice.

DATES: Effective June 26, 2017.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Shanah Lee, 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) 482-6386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2017, the Department published the Preliminary 
Determination of sales at LTFV of DOTP from Korea.\1\ The petitioner in 
this investigation is Eastman Chemical Company. The mandatory 
respondents in this investigation are Aekyung Petrochemical Co., Ltd. 
(AKP) and LG Chem Ltd. (LG Chem). Both AKP and LG Chem participated in 
this investigation. A complete summary of the events that occurred 
since publication of the Preliminary Determination, as well as a full

[[Page 28825]]

discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is dated concurrently with, and hereby adopted by, this 
notice.\2\
---------------------------------------------------------------------------

    \1\ See Dioctyl Terephthalate from the Republic of Korea: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value, Negative Preliminary Determination of Critical Circumstances, 
and Postponement of Final Determination, 82 FR 9195 (February 3, 
2017) (Preliminary Determination) and accompanying memorandum, 
``Decision Memorandum for the Preliminary Determination in the Less-
Than-Fair-Value Investigation of Dioctyl Terephthalate from the 
Republic of Korea'' (Preliminary Decision Memorandum).
    \2\ See the Department's memorandum, ``Issues and Decision 
Memorandum for the Final Determination in the Antidumping Duty 
Investigation of Dioctyl Terephthalate From the Republic of Korea,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is 
available 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 and 
to all parties in the Central Records Unit, Room B-8024 of the 
Department's main building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and electronic version are identical in content.

Scope of the Investigation

    The product covered by this investigation is DOTP from Korea. For a 
complete description of the scope of this investigation, see Appendix 
I.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by the Department in the Issues and Decision Memorandum is 
attached at Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), the Department verified the sales and cost data reported by 
AKP and LG Chem for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondents.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
AKP and LG Chem since the Preliminary Determination. These changes are 
discussed in the ``Margin Calculations'' section of the Issues and 
Decision Memorandum.

Final Negative Determination of Critical Circumstances

    On November 15, 2016, the petitioner timely filed a critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of DOTP from Korea.\3\ We find that critical 
circumstances do not exist with respect to AKP and LG Chem.\4\ For a 
complete discussion of this issue, see the ``Final Negative 
Determination of Critical Circumstances'' section of the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See letter from Petitioner, ``Re: Dioctyl Terephthalate 
(``DOTP'') From Korea; Critical Circumstances Allegation,'' dated 
November 15, 2016 (Critical Circumstances Allegation).
    \4\ See Preliminary Determination, 82 FR at 9195.
---------------------------------------------------------------------------

All-Others Rate

    In accordance with section 735(c)(1)(B)(i)(I) of the Act, the 
Department calculated a dumping margin for the individually 
investigated exporters/producers of the subject merchandise. Consistent 
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the 
Department also calculated an estimated ``all-others'' rate for 
exporters and producers not individually investigated. Section 
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be 
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for individually investigated 
exporters and producers, excluding any margins that are zero or de 
minimis or any margins determined entirely under section 776 of the 
Act. We calculated the all-others rate using a weighted average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration, pursuant to section 735(c)(5)(A) of the Act, as 
referenced in the ``Final Determination'' section below.\5\
---------------------------------------------------------------------------

    \5\ See memorandum to the file, ``Dioctyl Terephthalate From the 
Republic of Korea: Calculation of All-Others' Rate in the Final 
Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Determination

    The Department determines that the weighted-average dumping margins 
to be:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         margins
                                                              (percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd.............................         4.08
LG Chem, Ltd...............................................         2.71
All-Others.................................................         3.69
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we intend to disclose the 
calculations performed to parties in this proceeding within five days 
of any public announcement of this notice.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of DOTP from 
Korea, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after February 3, 
2017, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. Further, the Department will 
instruct CBP to require a cash deposit equal to the estimated amount by 
which the normal value exceeds the U.S. price as shown above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of DOTP from Korea no later than 
45 days after our final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

[[Page 28826]]

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely 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 violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: June 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation 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 
investigation.
    DOTP that is otherwise subject to this investigation is not 
excluded when commingled with DOTP from sources not subject to this 
investigation. 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 investigation.
    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 investigation.
    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 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Negative Determination of Critical Circumstances
V. Margin Calculations
VI. Discussion of the Issues
    Comment 1: Whether the Department's Quarterly Cost Methodology 
Justifies Comparing Sales on a Quarterly Basis
    Comment 2: Whether AKP's Reporting Supports the Department's 
Decision To Rely on Quarterly Costs for the Final Determination
    Comment 3: Whether To Adjust the Reported Cost of Purchases of 
Raw Material 2-Ethyl Hexanol (2-EH)
    Comment 4: The Structure of AKP's Paper Transactions and the 
Basis for U.S. Price for AKP's Channel 3 and 4 Sales
    Comment 5: AKP's Affiliate's Financial Statements and Indirect 
Selling Expenses Calculation
    Comment 6: Duty Drawback for AKP's U.S. Sales
    Comment 7: LG Chem's Duty Drawback Adjustment
    Comment 8: LG Chem's Constructed Export Price (CEP) Offset
    Comment 9: Reported Currency for LG Chem's Bank Charges
    Comment 10: LG Chem's General and Administrative Expense (G&A) 
Ratio
    Comment 11: LG Chem's Raw Material and Variable Overhead Costs
VII. Recommendation

[FR Doc. 2017-13285 Filed 6-23-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                28824                          Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices

                                                Decision Memorandum is provided at                      SXT, the cash deposit rate will continue               V. Recommendation
                                                the Appendix to this notice.                            to be the all-others rate (i.e., 76.46                 [FR Doc. 2017–13287 Filed 6–23–17; 8:45 am]
                                                                                                        percent); (2) for subject merchandise
                                                Final Rescission of New Shipper                                                                                BILLING CODE 3510–DS–P
                                                                                                        exported by SXT but not manufactured
                                                Review
                                                                                                        by SXT, the cash deposit rate will
                                                   In the Preliminary Rescission, the                   continue to be the all-others rate (i.e.,              DEPARTMENT OF COMMERCE
                                                Department announced its preliminary                    76.46 percent); and (3) for subject
                                                intent to rescind this review because                   merchandise manufactured by SXT but                    International Trade Administration
                                                SXT’s request for an NSR included an                    exported by any other party, the cash
                                                inaccurately certified statement that                                                                          [A–580–889]
                                                                                                        deposit rate will be the rate applicable
                                                SXT is not affiliated with any PRC                      to the exporter. These cash deposit                    Dioctyl Terephthalate From the
                                                exporter or producer that exported                      requirements, when imposed, shall                      Republic of Korea: Final Determination
                                                subject merchandise (i.e., passenger                    remain in effect until further notice.                 of Sales at Less Than Fair Value and
                                                tires from the PRC) to the United States
                                                                                                        Notification to Importers                              Final Negative Determination of Critical
                                                during the period of time examined in
                                                                                                                                                               Circumstances
                                                the original AD investigation (i.e.,
                                                October 1, 2013, through March 31,                         This notice serves as a final reminder
                                                                                                                                                               AGENCY:   Enforcement and Compliance,
                                                2014) and, as such, SXT had not                         to importers of their responsibility
                                                                                                                                                               International Trade Administration,
                                                satisfied the statutory and regulatory                  under 19 CFR 351.402(f)(2) to file a
                                                                                                                                                               Department of Commerce.
                                                requirements to request an NSR.6 Based                  certificate regarding the reimbursement                SUMMARY: The Department of Commerce
                                                on the Department’s complete analysis                   of antidumping duties prior to                         (the Department) determines that
                                                of all information and comments on the                  liquidation of the relevant entries                    dioctyl terephthalate (DOTP) from the
                                                record of this review, we make no                       during this POR. Failure to comply with                Republic of Korea (Korea) is being, or is
                                                changes to our findings in the                          this requirement could result in the                   likely to be, sold in the United States at
                                                Preliminary Rescission. Accordingly, for                Department’s presumption that                          less than fair value (LTFV). The period
                                                the reasons discussed in the Preliminary                reimbursement of antidumping duties                    of investigation (POI) is April 1, 2015,
                                                Rescission and the Issues and Decision                  occurred and the subsequent assessment                 through March 31, 2016. For
                                                Memorandum, we have determined to                       of double antidumping duties.                          information on the estimated weighted-
                                                rescind this NSR with respect to SXT.7                  Administrative Protective Orders                       average dumping margins of sales at
                                                Assessment                                                                                                     LTFV, see the ‘‘Final Determination’’
                                                                                                          This notice serves as a reminder to                  section of this notice.
                                                  Because the Department is rescinding                  parties subject to administrative                      DATES: Effective June 26, 2017.
                                                this NSR, we have not calculated a                      protective order (APO) of their
                                                company-specific dumping margin for                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                        responsibility concerning the return or
                                                SXT. SXT’s entries during the POR will                                                                         Laurel LaCivita or Shanah Lee, AD/CVD
                                                                                                        destruction of proprietary information
                                                be assessed at the cash deposit rate                                                                           Operations, Office III, Enforcement and
                                                                                                        disclosed under APO in accordance
                                                required at the time of entry, which is                                                                        Compliance, International Trade
                                                                                                        with 19 CFR 351.305, which continues
                                                the ‘‘PRC-wide’’ rate (i.e., 76.46                                                                             Administration, U.S. Department of
                                                                                                        to govern business proprietary
                                                percent).                                                                                                      Commerce, 1401 Constitution Avenue
                                                                                                        information in this segment of the
                                                                                                                                                               NW., Washington, DC 20230; telephone:
                                                Cash Deposit Requirements                               proceeding. Timely written notification
                                                                                                                                                               (202) 482–4243 or (202) 482–6386,
                                                                                                        of the return/destruction of APO
                                                  Effective upon publication of this                                                                           respectively.
                                                                                                        materials or conversion to judicial
                                                notice of the final rescission of this                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                        protective order is hereby requested.
                                                NSR, the Department will instruct U.S.
                                                                                                        Failure to comply with the regulations                 Background
                                                Customs and Border Protection to
                                                                                                        and terms of an APO is a violation
                                                require a cash deposit for entries of                                                                             On February 3, 2017, the Department
                                                                                                        which is subject to sanction.
                                                subject merchandise from SXT. The                                                                              published the Preliminary
                                                following cash deposit requirements                       This Department is issuing and                       Determination of sales at LTFV of DOTP
                                                will be effective upon publication of                   publishing these results in accordance                 from Korea.1 The petitioner in this
                                                this rescission for all shipments of                    with sections 751(a)(2)(B) and 771(i)(1)               investigation is Eastman Chemical
                                                subject merchandise from SXT entered,                   of the Act and 19 CFR 351.214 and 19                   Company. The mandatory respondents
                                                or withdrawn from warehouse, for                        CFR 351.221(b)(5).                                     in this investigation are Aekyung
                                                consumption on or after the publication                   Dated: June 20, 2017.                                Petrochemical Co., Ltd. (AKP) and LG
                                                date, as provided for by section                        Ronald K. Lorentzen,                                   Chem Ltd. (LG Chem). Both AKP and
                                                751(a)(2)(C) of the Tariff Act of 1930, as                                                                     LG Chem participated in this
                                                amended (the Act): (1) For subject                      Acting Assistant Secretary for Enforcement
                                                                                                        and Compliance.                                        investigation. A complete summary of
                                                merchandise produced and exported by                                                                           the events that occurred since
                                                                                                        Appendix                                               publication of the Preliminary
                                                  6 See  Preliminary Decision Memorandum at 5–8;
                                                see also Letter from SXT, ‘‘Certain Passenger           List of Topics Discussed in the Issues and             Determination, as well as a full
                                                Vehicle and Light Truck Tires from the People’s         Decision Memorandum
                                                Republic of China: New Shipper Review Request,’’                                                                 1 See Dioctyl Terephthalate from the Republic of

                                                February 25, 2016, at Exhibit 2 (certifying that
                                                                                                        I. Summary                                             Korea: Affirmative Preliminary Determination of
sradovich on DSK3GMQ082PROD with NOTICES




                                                ‘‘since the investigation was initiated, {SXT} has      II. Background                                         Sales at Less Than Fair Value, Negative Preliminary
                                                never been affiliated with any exporter or producer     III. Scope of the Order                                Determination of Critical Circumstances, and
                                                who exported the subject merchandise to the             IV. Discussion of the Issues                           Postponement of Final Determination, 82 FR 9195
                                                United States during the period of investigation           Issue 1: Acceptance of Unverified                   (February 3, 2017) (Preliminary Determination) and
                                                including those not individually examined during                                                               accompanying memorandum, ‘‘Decision
                                                the investigation’’).
                                                                                                              Submissions as ‘‘Complete and
                                                                                                                                                               Memorandum for the Preliminary Determination in
                                                   7 See Preliminary Rescission, 82 FR at 8824; see           Accurate’’                                       the Less-Than-Fair-Value Investigation of Dioctyl
                                                also Preliminary Decision Memorandum at 3–8;               Issue 2: Evidence of Xingyuan Group’s               Terephthalate from the Republic of Korea’’
                                                Issues and Decision Memorandum.                               Exports During the POI                           (Preliminary Decision Memorandum).



                                           VerDate Sep<11>2014   17:04 Jun 23, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM   26JNN1


                                                                               Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices                                                               28825

                                                discussion of the issues raised by parties              section of the Issues and Decision                                                                       Weighted-
                                                for this final determination, may be                    Memorandum.                                                      Exporter/producer                        average
                                                found in the Issues and Decision                                                                                                                                  margins
                                                Memorandum, which is dated                              Final Negative Determination of                                                                          (percent)
                                                concurrently with, and hereby adopted                   Critical Circumstances
                                                                                                                                                               Aekyung Petrochemical Co.,
                                                by, this notice.2                                          On November 15, 2016, the petitioner                  Ltd .........................................         4.08
                                                   The Issues and Decision                                                                                     LG Chem, Ltd ...........................                2.71
                                                                                                        timely filed a critical circumstances
                                                Memorandum is a public document and                                                                            All-Others ..................................           3.69
                                                                                                        allegation, pursuant to section 733(e)(1)
                                                is available electronically via
                                                Enforcement and Compliance’s                            of the Act and 19 CFR 351.206(c)(1),
                                                                                                                                                               Disclosure
                                                Antidumping and Countervailing Duty                     alleging that critical circumstances exist
                                                Centralized Electronic Service System                   with respect to imports of DOTP from                     In accordance with 19 CFR
                                                (ACCESS). Access is available to                        Korea.3 We find that critical                          351.224(b), we intend to disclose the
                                                registered users at https://                            circumstances do not exist with respect                calculations performed to parties in this
                                                access.trade.gov and to all parties in the              to AKP and LG Chem.4 For a complete                    proceeding within five days of any
                                                Central Records Unit, Room B–8024 of                    discussion of this issue, see the ‘‘Final              public announcement of this notice.
                                                the Department’s main building. In                      Negative Determination of Critical
                                                                                                                                                               Continuation of Suspension of
                                                addition, a complete version of the                     Circumstances’’ section of the Issues
                                                                                                                                                               Liquidation
                                                Issues and Decision Memorandum can                      and Decision Memorandum.
                                                be accessed at http://                                                                                            In accordance with section
                                                                                                        All-Others Rate
                                                enforcement.trade.gov/frn/. The signed                                                                         735(c)(1)(B) of the Act, we will instruct
                                                Issues and Decision Memorandum and                        In accordance with section                           U.S. Customs and Border Protection
                                                electronic version are identical in                     735(c)(1)(B)(i)(I) of the Act, the                     (CBP) to continue the suspension of
                                                content.                                                Department calculated a dumping                        liquidation of all appropriate entries of
                                                                                                        margin for the individually investigated               DOTP from Korea, as described in
                                                Scope of the Investigation
                                                                                                        exporters/producers of the subject                     Appendix I of this notice, which were
                                                  The product covered by this                                                                                  entered, or withdrawn from warehouse,
                                                investigation is DOTP from Korea. For a                 merchandise. Consistent with sections
                                                                                                        735(c)(1)(B)(i)(II) and 735(c)(5) of the               for consumption on or after February 3,
                                                complete description of the scope of this                                                                      2017, the date of publication of the
                                                investigation, see Appendix I.                          Act, the Department also calculated an
                                                                                                                                                               Preliminary Determination of this
                                                                                                        estimated ‘‘all-others’’ rate for exporters
                                                Analysis of Comments Received                                                                                  investigation in the Federal Register.
                                                                                                        and producers not individually                         Further, the Department will instruct
                                                    All issues raised in the case briefs and            investigated. Section 735(c)(5)(A) of the              CBP to require a cash deposit equal to
                                                rebuttal briefs submitted by interested                 Act provides that the ‘‘all-others’’ rate              the estimated amount by which the
                                                parties in this proceeding are discussed                shall be an amount equal to the                        normal value exceeds the U.S. price as
                                                in the Issues and Decision                              weighted average of the estimated                      shown above.
                                                Memorandum. A list of the issues raised                 weighted-average dumping margins
                                                by parties and responded to by the                      established for individually investigated              International Trade Commission
                                                Department in the Issues and Decision                   exporters and producers, excluding any                 Notification
                                                Memorandum is attached at Appendix                      margins that are zero or de minimis or
                                                II.                                                                                                               In accordance with section 735(d) of
                                                                                                        any margins determined entirely under                  the Act, we will notify the International
                                                Verification                                            section 776 of the Act. We calculated                  Trade Commission (ITC) of the final
                                                  As provided in section 782(i) of the                  the all-others rate using a weighted                   affirmative determination of sales at
                                                Tariff Act of 1930, as amended (the Act),               average of the dumping margins                         LTFV. Because the final determination
                                                the Department verified the sales and                   calculated for the mandatory                           in this proceeding is affirmative, in
                                                cost data reported by AKP and LG Chem                   respondents using each company’s                       accordance with section 735(b)(2) of the
                                                for use in our final determination. We                  publicly-ranged values for the                         Act, the ITC will make its final
                                                used standard verification procedures,                  merchandise under consideration,                       determination as to whether the
                                                including an examination of relevant                    pursuant to section 735(c)(5)(A) of the                domestic industry in the United States
                                                accounting and production records, and                  Act, as referenced in the ‘‘Final                      is materially injured, or threatened with
                                                original source documents provided by                   Determination’’ section below.5                        material injury, by reason of imports, or
                                                the respondents.                                                                                               sales (or the likelihood of sales) for
                                                                                                        Final Determination                                    importation of DOTP from Korea no
                                                Changes Since the Preliminary                                                                                  later than 45 days after our final
                                                Determination                                             The Department determines that the
                                                                                                                                                               determination. If the ITC determines
                                                                                                        weighted-average dumping margins to
                                                  Based on our analysis of the                                                                                 that material injury or threat of material
                                                                                                        be:
                                                comments received and our findings at                                                                          injury does not exist, the proceeding
                                                verification, we made certain changes to                                                                       will be terminated and all cash deposits
                                                the margin calculations for AKP and LG                                                                         will be refunded. If the ITC determines
                                                Chem since the Preliminary                                3 See letter from Petitioner, ‘‘Re: Dioctyl
                                                                                                                                                               that such injury does exist, the
                                                                                                        Terephthalate (‘‘DOTP’’) From Korea; Critical          Department will issue an antidumping
sradovich on DSK3GMQ082PROD with NOTICES




                                                Determination. These changes are
                                                                                                        Circumstances Allegation,’’ dated November 15,         duty order directing CBP to assess, upon
                                                discussed in the ‘‘Margin Calculations’’
                                                                                                        2016 (Critical Circumstances Allegation).
                                                                                                          4 See Preliminary Determination, 82 FR at 9195.
                                                                                                                                                               further instruction by the Department,
                                                  2 See the Department’s memorandum, ‘‘Issues and
                                                                                                          5 See memorandum to the file, ‘‘Dioctyl
                                                                                                                                                               antidumping duties on all imports of the
                                                Decision Memorandum for the Final Determination                                                                subject merchandise entered, or
                                                in the Antidumping Duty Investigation of Dioctyl        Terephthalate From the Republic of Korea:
                                                Terephthalate From the Republic of Korea,’’ dated       Calculation of All-Others’ Rate in the Final           withdrawn from warehouse, for
                                                concurrently with this notice (Issues and Decision      Determination,’’ dated concurrently with this          consumption on or after the effective
                                                Memorandum).                                            notice.                                                date of the suspension of liquidation.


                                           VerDate Sep<11>2014   17:04 Jun 23, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM     26JNN1


                                                28826                          Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices

                                                Notification Regarding Administrative                     Comment 1: Whether the Department’s                  Certificate from State and Federal
                                                Protective Orders (APO)                                      Quarterly Cost Methodology Justifies              government antitrust actions and from
                                                                                                             Comparing Sales on a Quarterly Basis              private treble damage antitrust actions
                                                   This notice serves as the only                         Comment 2: Whether AKP’s Reporting                   for the export conduct specified in the
                                                reminder to parties subject to an APO of                     Supports the Department’s Decision To
                                                                                                             Rely on Quarterly Costs for the Final
                                                                                                                                                               Certificate and carried out in
                                                their responsibility concerning the                                                                            compliance with its terms and
                                                disposition of proprietary information                       Determination
                                                                                                          Comment 3: Whether To Adjust the                     conditions. The regulations
                                                disclosed under APO in accordance                                                                              implementing Title III are found at 15
                                                                                                             Reported Cost of Purchases of Raw
                                                with 19 CFR 351.305(a)(3). Timely                            Material 2-Ethyl Hexanol (2–EH)                   CFR part 325 (2015). OTEA is issuing
                                                notification of the return or destruction                 Comment 4: The Structure of AKP’s Paper              this notice pursuant to 15 CFR 325.6(b),
                                                of APO materials or conversion to                            Transactions and the Basis for U.S. Price         which requires the Secretary of
                                                judicial protective order is hereby                          for AKP’s Channel 3 and 4 Sales                   Commerce to publish a summary of the
                                                requested. Failure to comply with the                     Comment 5: AKP’s Affiliate’s Financial               certification in the Federal Register.
                                                regulations and the terms of an APO is                       Statements and Indirect Selling Expenses
                                                                                                             Calculation
                                                                                                                                                               Under Section 305(a) of the Act and 15
                                                a violation subject to sanction.                                                                               CFR 325.11(a), any person aggrieved by
                                                                                                          Comment 6: Duty Drawback for AKP’s U.S.
                                                   This determination and this notice are                    Sales                                             the Secretary’s determination may,
                                                issued and published pursuant to                          Comment 7: LG Chem’s Duty Drawback                   within 30 days of the date of this notice,
                                                sections 735(d) and 777(i)(1) of the Act.                    Adjustment                                        bring an action in any appropriate
                                                  Dated: June 20, 2017.                                   Comment 8: LG Chem’s Constructed Export              district court of the United States to set
                                                                                                             Price (CEP) Offset                                aside the determination on the ground
                                                Gary Taverman,
                                                                                                          Comment 9: Reported Currency for LG                  that the determination is erroneous.
                                                Deputy Assistant Secretary for Antidumping                   Chem’s Bank Charges
                                                and Countervailing Duty Operations.                       Comment 10: LG Chem’s General and                    Description of Certified Conduct
                                                Appendix I                                                   Administrative Expense (G&A) Ratio
                                                                                                                                                                  CAEA’s Export Trade Certificate of
                                                                                                          Comment 11: LG Chem’s Raw Material and
                                                Scope of the Investigation                                   Variable Overhead Costs                           Review has been amended to:
                                                   The merchandise covered by this                      VII. Recommendation                                    • Remove California Gold Almonds,
                                                investigation is dioctyl terephthalate (DOTP),          [FR Doc. 2017–13285 Filed 6–23–17; 8:45 am]
                                                                                                                                                                  LLC as a Member
                                                regardless of form. DOTP that has been                                                                         • Change the name of Member
                                                                                                        BILLING CODE 3510–DS–P
                                                blended with other products is included                                                                           Paramount Farms, Inc. to Wonderful
                                                within this scope when such blends include                                                                        Pistachios & Almonds, LLC
                                                constituent parts that have not been                                                                              CAEA’s Export Trade Certificate of
                                                chemically reacted with each other to                   DEPARTMENT OF COMMERCE
                                                                                                                                                               Review Membership, as amended, is
                                                produce a different product. For such blends,
                                                only the DOTP component of the mixture is               International Trade Administration                     listed below:
                                                covered by the scope of this investigation.             [Application No. 99–11A05]                             Almonds California Pride, Inc.,
                                                   DOTP that is otherwise subject to this                                                                         Caruthers, CA
                                                investigation is not excluded when                      Export Trade Certificate of Review                     Baldwin-Minkler Farms, Orland, CA
                                                commingled with DOTP from sources not                                                                          Blue Diamond Growers, Sacramento, CA
                                                subject to this investigation. Commingled               ACTION:Notice of Issuance of an                        Campos Brothers, Caruthers, CA
                                                refers to the mixing of subject and non-                Amended Export Trade Certificate of                    Chico Nut Company, Chico, CA
                                                subject DOTP. Only the subject component of             Review to California Almond Export                     Del Rio Nut Company, Livingston, CA
                                                such commingled products is covered by the                                                                     Fair Trade Corner, Inc., Chico, CA
                                                                                                        Association, LLC (CAEA), Application
                                                scope of the investigation.                                                                                    Fisher Nut Company, Modesto, CA
                                                   DOTP has the general chemical                        No. 99–11A05.
                                                                                                                                                               Hilltop Ranch, Inc., Ballico, CA
                                                formulation C6H4(C8H17COO)2 and a
                                                                                                        SUMMARY:    The Secretary of Commerce,                 Hughson Nut, Inc., Hughson, CA
                                                chemical name of ‘‘bis (2-ethylhexyl)
                                                terephthalate’’ and has a Chemical Abstract             through the Office of Trade and                        Mariani Nut Company, Winters, CA
                                                Service (CAS) registry number of 6422–86–2.             Economic Analysis (OTEA), issued an                    Nutco, LLC d.b.a. Spycher Brothers,
                                                Regardless of the label, all DOTP is covered            amended Export Trade Certificate of                       Turlock, CA
                                                by this investigation.                                  Review to CAEA on June 12, 2017. A                     P–R Farms, Inc., Clovis, CA
                                                   Subject merchandise is currently classified          previous amended Export Trade                          Roche Brothers International Family
                                                under subheading 2917.39.2000 of the                    Certificate of Review was issued to                       Nut Co., Escalon, CA
                                                Harmonized Tariff Schedule of the United                CAEA on November 24, 2015, and a                       RPAC, LLC, Los Banos, CA
                                                States (HTSUS). Subject merchandise may                 notice of its issuance was published in                South Valley Almond Company, LLC,
                                                also enter under subheadings 2917.39.7000                                                                         Wasco, CA
                                                                                                        the Federal Register on December 10,
                                                or 3812.20.1000 of the HTSUS. While the                                                                        SunnyGem, LLC, Wasco, CA
                                                CAS registry number and HTSUS                           2015 (80 FR 76663).
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Western Nut Company, Chico, CA
                                                classification are provided for convenience
                                                                                                                                                               Wonderful Pistachios & Almonds, LLC,
                                                and customs purposes, the written                       Joseph Flynn, Director, Office of Trade
                                                description of the scope of this investigation                                                                    Los Angeles, CA
                                                                                                        and Economic Analysis, International
                                                is dispositive.                                         Trade Administration, (202) 482–5131                      The effective date of the amended
                                                                                                        (this is not a toll-free number) or email              certificate is March 13, 2017, the date on
                                                Appendix II                                                                                                    which CAEA’s application to amend
                                                                                                        at etca@trade.gov.
                                                List of Topics Discussed in the Issues and                                                                     was deemed submitted.
                                                                                                        SUPPLEMENTARY INFORMATION: Title III of
sradovich on DSK3GMQ082PROD with NOTICES




                                                Decision Memorandum
                                                                                                        the Export Trading Company Act of                        Dated: June 21, 2017.
                                                I. Summary                                              1982 (15 U.S.C. Sections 4001–21) (the                 Joseph E. Flynn,
                                                II. Background
                                                III. Scope of the Investigation
                                                                                                        Act) authorizes the Secretary of                       Director, Office of Trade and Economic
                                                                                                        Commerce to issue Export Trade                         Analysis, International Trade Administration,
                                                IV. Final Negative Determination of Critical
                                                                                                        Certificates of Review. An Export Trade                U.S. Department of Commerce.
                                                      Circumstances
                                                V. Margin Calculations                                  Certificate of Review protects the holder              [FR Doc. 2017–13262 Filed 6–23–17; 8:45 am]
                                                VI. Discussion of the Issues                            and the members identified in the                      BILLING CODE 3510–DR–P




                                           VerDate Sep<11>2014   17:04 Jun 23, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4703   Sfmt 9990   E:\FR\FM\26JNN1.SGM   26JNN1



Document Created: 2018-11-14 10:11:13
Document Modified: 2018-11-14 10:11:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 26, 2017.
ContactLaurel LaCivita or Shanah Lee, 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) 482-6386, respectively.
FR Citation82 FR 28824 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR