82 FR 39409 - Dioctyl Terephthalate From the Republic of Korea: Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 159 (August 18, 2017)
International Trade Administration
Federal Register Volume 82, Issue 159 (August 18, 2017)
| Page Range | 39409-39410 | |
| FR Document | 2017-17627 |
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Notices] [Pages 39409-39410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17627] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-889] Dioctyl Terephthalate From the Republic of Korea: Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea). DATES: August 18, 2017. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita at (202) 482-4243 or Shanah Lee at (202) 482-6386, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (Act), on June 26, 2017, the Department published its affirmative final determination in the less than fair value (LTFV) investigation of DOTP from Korea.\1\ On August 9, 2017, the ITC notified the Department of its final affirmative determination, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured by reason of LTFV imports of DOTP from Korea, within the meaning of section 735(b)(1)(A)(i) of the Act.\2\ --------------------------------------------------------------------------- \1\ See 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 (June 26, 2017) (Final Determination). \2\ See Letter to Gary Taverman, Acting Assistant Secretary, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding the antidumping duty investigation concerning imports of dioctyl terephthalate from the Republic of Korea (Investigation Nos 701-TA-1330), dated August 9, 2017 (ITC Letter). --------------------------------------------------------------------------- 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 C6 H4 (C8 H17 COO)2 and a [[Page 39410]] 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. Antidumping Duty Order As stated above, on August 9, 2017, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC has notified the Department of its final determination that the industry in the United States producing is materially injured by reason of the LTFV imports od DOTP from Korea.\3\ Therefore, in accordance with section 735(c)(2) of the Act, we are issuing this antidumping duty order. Because the ITC determined that imports of DOTP from Korea are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- As a result of the ITC's final affirmative determination, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of DOTP from Korea. Antidumping duties will be assessed on unliquidated entries of DOTP from Korea entered, or withdrawn from warehouse, for consumption on or after February 3, 2017, the date of publication of the Preliminary Determination,\4\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination in the Federal Register, should such entries exist, as further described below. --------------------------------------------------------------------------- \4\ 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). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of DOTP from Korea. These instructions suspending liquidation will remain in effect until further notice. The Department will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination in the Federal Register, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit rate equal to the estimated weighted-average antidumping duty margins listed below.\5\ The ``all-others'' rate applies to all producers or exporters not specifically listed. --------------------------------------------------------------------------- \5\ See Section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of DOTP from Korea, the Department extended the four-month period to six months.\6\ The Department published the Preliminary Determination in this investigation on February 3, 2017.\7\ Therefore, the extended period, beginning on the date of the publication of the Preliminary Determination, ended on August 1, 2017. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \6\ See Preliminary Determination. \7\ Id. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice,\8\ the Department will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of DOTP from Korea entered, or withdrawn from warehouse, for consumption after August 1, 2017, the date on which the provisional measures expired, until and through August 14, 2017, the day preceding the date of publication of the ITC's final injury determination in the Federal Register.\9\ --------------------------------------------------------------------------- \8\ See, e.g., Certain Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016). \9\ See Dioctyl Terephthalate (DOTP) From Korea; Determination, 82 FR 38708 (August 15, 2017). --------------------------------------------------------------------------- Estimated Weighted-Average Antidumping Duty Margins The weighted-average antidumping duty margin percentages are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margins (percent) ------------------------------------------------------------------------ Aekyung Petrochemical Co., Ltd.............................. 4.08 LG Chem, Ltd................................................ 2.71 All-Others.................................................. 3.69 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the antidumping duty order with respect to DOTP from Korea pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: August 15, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-17627 Filed 8-17-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices 39409
interpreting, assistive listening devices, • Budget Committee SUMMARY: Based on affirmative final
or other reasonable accommodation. For • Planning and Evaluation Committee determinations by the Department of
access to the facility or proceedings, • Technical Programs Committee Commerce (Department) and the
please contact the person listed in the • Election Assistance Commission International Trade Commission (ITC),
section titled FOR FURTHER INFORMATION Report the Department is issuing an
CONTACT. All reasonable • Executive Director’s Report antidumping duty (AD) order on dioctyl
accommodation requests are managed • Public Comment (final 15 minutes of terephthalate (DOTP) from the Republic
on a case by case basis. the meeting) of Korea (Korea).
Dated: July 17, 2017.
Members of the public can provide DATES: August 18, 2017.
comments either in-person or over the
Jeanne M. Higgins, FOR FURTHER INFORMATION CONTACT:
telephone during the final 15 minutes of
Acting Associate Deputy Chief, National Laurel LaCivita at (202) 482–4243 or
the Board meeting on Wednesday,
Forest System. Shanah Lee at (202) 482–6386, AD/CVD
September 13, 2017. Any individual
[FR Doc. 2017–17454 Filed 8–17–17; 8:45 am] Operations, Office III, Enforcement and
interested in providing comment is
BILLING CODE 3411–15–P Compliance, U.S. Department of
asked to pre-register by sending an
Commerce, 1401 Constitution Avenue
email to bunales@access-board.gov with
NW., Washington, DC 20230.
the subject line ‘‘Access Board
ARCHITECTURAL AND meeting—Public Comment’’ with your SUPPLEMENTARY INFORMATION:
TRANSPORTATION BARRIERS name, organization, state, and topic of Background
COMPLIANCE BOARD comment included in the body of your
email. All emails to register for public In accordance with sections 735(d)
Meetings comment must be received by and 777(i)(1) of the Tariff Act of 1930,
Wednesday, September 6, 2017. as amended (Act), on June 26, 2017, the
AGENCY: Architectural and Department published its affirmative
Transportation Barriers Compliance Registered commenters will be provided
with a call-in number and passcode final determination in the less than fair
Board. value (LTFV) investigation of DOTP
ACTION: Notice of meetings.
before the meeting. Commenters will be
called on in the order by which they from Korea.1 On August 9, 2017, the ITC
pre-registered. Due to time constraints, notified the Department of its final
SUMMARY: The Architectural and
each commenter is limited to two affirmative determination, pursuant to
Transportation Barriers Compliance
minutes. Commenters on the telephone section 735(d) of the Act, that an
Board (Access Board) plans to hold its
will be in a listen-only capacity until industry in the United States is
regular committee and Board meetings
they are called on. materially injured by reason of LTFV
in Washington, DC, Monday through
All meetings are accessible to persons imports of DOTP from Korea, within the
Wednesday, September 11–13, 2017 at
with disabilities. An assistive listening meaning of section 735(b)(1)(A)(i) of the
the times and location listed below.
system, Communication Access Act.2
DATES: The schedule of events is as
follows: Realtime Translation (CART), and sign Scope of the Order
language interpreters will be available at
Monday, September 11, 2017 the Board meeting and committee The merchandise covered by this
10:00 a.m.–4:00 p.m. Planning and meetings. order is dioctyl terephthalate (DOTP),
Evaluation Persons attending Board meetings are regardless of form. DOTP that has been
Tuesday, September 12, 2017 requested to refrain from using perfume, blended with other products is included
10:00 a.m.–11:00 a.m. Ad Hoc cologne, and other fragrances for the within this scope when such blends
Committee on Frontier Issues comfort of other participants (see include constituent parts that have not
11:00 a.m.–11:30 a.m. Ad Hoc www.access-board.gov/the-board/ been chemically reacted with each other
Committee on Design Guidance policies/fragrance-free-environment for to produce a different product. For such
11:30 a.m.–Noon Budget Committee more information). blends, only the DOTP component of
1:30 p.m.–4:00 p.m. Technical You may view the Wednesday, the mixture is covered by the scope of
Programs Committee September 13, 2017 meeting through a this order.
Wednesday, September 13, 2017 live webcast from 1:30 p.m. to 3:00 p.m. DOTP that is otherwise subject to this
1:30 p.m.–3:00 p.m. Board Meeting at: www.access-board.gov/webcast. order is not excluded when commingled
ADDRESSES: Meetings will be held at the with DOTP from sources not subject to
Access Board Conference Room, 1331 F David M. Capozzi, this order. Commingled refers to the
Street NW., Suite 800, Washington, DC Executive Director. mixing of subject and non-subject
20004. [FR Doc. 2017–17497 Filed 8–17–17; 8:45 am] DOTP. Only the subject component of
FOR FURTHER INFORMATION CONTACT: For BILLING CODE 8150–01–P such commingled products is covered
further information regarding the by the scope of the order.
meetings, please contact David Capozzi, DOTP has the general chemical
Executive Director, (202) 272–0010 DEPARTMENT OF COMMERCE formulation C6H4(C8H17COO)2 and a
(voice); (202) 272–0054 (TTY).
International Trade Administration 1 See Dioctyl Terephthalate From the Republic of
SUPPLEMENTARY INFORMATION: At the Korea: Final Determination of Sales at Less Than
Board meeting scheduled on the [A–580–889] Fair Value and Final Negative Determination of
mstockstill on DSK30JT082PROD with NOTICES
afternoon of Wednesday, September 13, Critical Circumstances, 82 FR 28824 (June 26, 2017)
Dioctyl Terephthalate From the (Final Determination).
2017, the Access Board will consider 2 See Letter to Gary Taverman, Acting Assistant
the following agenda items: Republic of Korea: Antidumping Duty
Secretary, from Rhonda K. Schmidtlein, Chairman
Order
• Approval of draft meeting minutes: of the U.S. International Trade Commission,
regarding the antidumping duty investigation
March 15 and July 12, 2017 (vote) AGENCY: Enforcement and Compliance, concerning imports of dioctyl terephthalate from
• Ad Hoc Committee Reports: Design International Trade Administration, the Republic of Korea (Investigation Nos 701–TA–
Guidance and Frontier Issues Department of Commerce. 1330), dated August 9, 2017 (ITC Letter).
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![39410 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
chemical name of ‘‘bis (2-ethylhexyl) Continuation of Suspension of consumption after August 1, 2017, the
terephthalate’’ and has a Chemical Liquidation date on which the provisional measures
Abstract Service (CAS) registry number In accordance with section expired, until and through August 14,
of 6422–86–2. Regardless of the label, 735(c)(1)(B) of the Act, we will instruct 2017, the day preceding the date of
all DOTP is covered by this order. CBP to continue to suspend liquidation publication of the ITC’s final injury
Subject merchandise is currently on all relevant entries of DOTP from determination in the Federal Register.9
classified under subheading Korea. These instructions suspending Estimated Weighted-Average
2917.39.2000 of the Harmonized Tariff liquidation will remain in effect until Antidumping Duty Margins
Schedule of the United States (HTSUS). further notice.
Subject merchandise may also enter The Department will also instruct The weighted-average antidumping
under subheadings 2917.39.7000 or CBP to require cash deposits equal to duty margin percentages are as follows:
3812.20.1000 of the HTSUS. While the the estimated weighted-average
Weighted-
CAS registry number and HTSUS dumping margins indicated below. average
classification are provided for Accordingly, effective on the date of Exporter/producer margins
convenience and customs purposes, the publication of the ITC’s final affirmative (percent)
written description of the scope of this injury determination in the Federal
order is dispositive. Register, CBP will require, at the same Aekyung Petrochemical Co., Ltd 4.08
time as importers would normally LG Chem, Ltd ............................. 2.71
Antidumping Duty Order All-Others .................................... 3.69
deposit estimated duties on this subject
As stated above, on August 9, 2017, in merchandise, a cash deposit rate equal
to the estimated weighted-average Notification to Interested Parties
accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC has antidumping duty margins listed This notice constitutes the
notified the Department of its final below.5 The ‘‘all-others’’ rate applies to antidumping duty order with respect to
determination that the industry in the all producers or exporters not DOTP from Korea pursuant to section
United States producing is materially specifically listed. 736(a) of the Act. Interested parties can
injured by reason of the LTFV imports find a list of antidumping duty orders
Provisional Measures currently in effect at http://enforcement.
od DOTP from Korea.3 Therefore, in
accordance with section 735(c)(2) of the Section 733(d) of the Act states that trade.gov/stats/iastats1.html.
Act, we are issuing this antidumping instructions issued pursuant to an This order is published in accordance
duty order. Because the ITC determined affirmative preliminary determination with section 736(a) of the Act and 19
that imports of DOTP from Korea are may not remain in effect for more than CFR 351.211(b).
materially injuring a U.S. industry, four months, except where exporters Dated: August 15, 2017.
unliquidated entries of such representing a significant proportion of Gary Taverman,
merchandise from Korea, entered or exports of the subject merchandise
Deputy Assistant Secretary for Antidumping
withdrawn from warehouse for request the Department to extend that and Countervailing Duty Operations,
consumption, are subject to the four-month period to no more than six performing the non-exclusive functions and
assessment of antidumping duties. months. At the request of exporters that duties of the Assistant Secretary for
As a result of the ITC’s final account for a significant proportion of Enforcement and Compliance.
affirmative determination, in DOTP from Korea, the Department [FR Doc. 2017–17627 Filed 8–17–17; 8:45 am]
accordance with section 736(a)(1) of the extended the four-month period to six BILLING CODE 3510–DS–P
Act, the Department will direct U.S. months.6 The Department published the
Customs and Border Protection (CBP) to Preliminary Determination in this
assess, upon further instruction by the investigation on February 3, 2017.7 DEPARTMENT OF COMMERCE
Department, antidumping duties equal Therefore, the extended period,
beginning on the date of the publication International Trade Administration
to the amount by which the normal
value of the merchandise exceeds the of the Preliminary Determination, ended [C–580–837]
export price (or constructed export on August 1, 2017. Furthermore, section
price) of the merchandise, for all 737(b) of the Act states that definitive Certain Cut-to-Length Carbon-Quality
relevant entries of DOTP from Korea. duties are to begin on the date of Steel Plate From the Republic of
Antidumping duties will be assessed on publication of the ITC’s final injury Korea: Final Results of Countervailing
unliquidated entries of DOTP from determination. Duty Administrative Review and
Korea entered, or withdrawn from Therefore, in accordance with section Rescission of Countervailing Duty
warehouse, for consumption on or after 733(d) of the Act and our practice,8 the Administrative Review, in Part
February 3, 2017, the date of publication Department will instruct CBP to
terminate the suspension of liquidation AGENCY: Enforcement and Compliance,
of the Preliminary Determination,4 but International Trade Administration,
and to liquidate, without regard to
will not include entries occurring after Department of Commerce.
antidumping duties, unliquidated
the expiration of the provisional SUMMARY: The Department of Commerce
entries of DOTP from Korea entered, or
measures period and before publication (the Department) has completed the
withdrawn from warehouse, for
of the ITC’s final injury determination administrative review of the
in the Federal Register, should such 5 See countervailing duty (CVD) order on cut-
Section 736(a)(3) of the Act.
entries exist, as further described below. to-length carbon-quality steel plate (CTL
mstockstill on DSK30JT082PROD with NOTICES
6 See Preliminary Determination.
7 Id. Plate) from the Republic of Korea
3 Id. 8 See, e.g., Certain Corrosion-Resistant Steel (Korea) for the January 1, 2015, through
4 See Dioctyl Terephthalate from the Republic of Products From India, Italy, the People’s Republic of December 31, 2015, period of review
Korea: Affirmative Preliminary Determination of China, the Republic of Korea and Taiwan:
Sales at Less Than Fair Value, Negative Preliminary Amended Final Affirmative Antidumping
(POR). We have determined that
Determination of Critical Circumstances, and Determination for India and Taiwan, and
Postponement of Final Determination, 82 FR 9195 Antidumping Duty Orders, 81 FR 48390 (July 25, 9 See Dioctyl Terephthalate (DOTP) From Korea;
(February 3, 2017) (Preliminary Determination). 2016). Determination, 82 FR 38708 (August 15, 2017).
VerDate Sep<11>2014 17:47 Aug 17, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1](https://thefederalregister.org/doc/82_FR_39568/page/2.svg)
Document Created: 2017-08-18 07:40:20
Document Modified: 2017-08-18 07:40:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | August 18, 2017. | |
| Contact | Laurel LaCivita at (202) 482-4243 or Shanah Lee at (202) 482-6386, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 39409 |
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