82_FR_9217 82 FR 9195 - 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 - 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

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9195-9197
FR Document2017-02250

The Department of Commerce (the ``Department'') preliminarily 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. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017)
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9195-9197]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-889]


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

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

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
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. The estimated 
weighted-average dumping margins of sales at LTFV are shown in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective February 3, 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 Ave. 
NW., Washington, DC 20230; telephone: (202) 482-4243, (202) 482-6386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on July 28, 2016.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
memorandum that is dated concurrently with this determination and 
hereby adopted by this notice.\2\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to this 
notice.
---------------------------------------------------------------------------

    \1\ See Dioctyl Terephthalate from the Republic of Korea: 
Initiation of Less-Than-Fair-Value Investigation, 81 FR 49628 (July 
28, 2016) (``Initiation Notice'').
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the 
Preliminary Determination in the Antidumping Duty Investigation of 
Dioctyl Terephthalate from the Republic of Korea,'' dated 
concurrently with this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Scope of the Investigation

    The product covered by this investigation is DOTP from Korea. For a 
full description of the scope of this investigation, see the ``Scope of 
the Investigation,'' in Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., ``scope'').\4\ No interested 
party submitted comments on the scope of this investigation.
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notice, 81 FR at 49629.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (``the Act''). There 
are two mandatory respondents participating in this investigation: 
Aekyung Petrochemical Co., Ltd. (``AKP'') and LG Chem Ltd. (``LG 
Chem''). Export price and, where appropriate, constructed export price 
are calculated in accordance with section 772 of the Act. Normal value 
(``NV'') is calculated in accordance with section 773 of the Act. For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.

Negative Preliminary Determination of Critical Circumstances

    On November 15, 2016, Eastman Chemical Company (``Petitioner'') 
filed a timely 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.\5\ In accordance 
with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation 
is submitted more than 20 days before the scheduled date of the 
preliminary determination, the Department must issue a preliminary 
finding whether there is a reasonable basis to believe or suspect that 
critical circumstances exist no later than the date of the preliminary 
determination. Section 733(e)(1) of the Act provides that the 
Department will preliminarily determine that critical circumstances 
exist in a LTFV investigation if there is a reasonable basis to believe 
or suspect that: (A)(i) There is a history of dumping and material 
injury by reason of dumped imports in the United States or elsewhere of 
the subject merchandise, or (2) the person by whom, or for whose 
account, the merchandise was imported knew or should have known that 
the exporter was selling the subject merchandise at less than its fair 
value and that there was likely to be material injury by reason of such 
sales; and (B) there have been massive imports of the subject 
merchandise over a relatively short period. We have conducted an 
analysis of critical circumstances in accordance with section 733(e) of 
the Act and 19 CFR 351.206, and preliminarily determine that critical 
circumstances do not exist with regard to imports of DOTP from Korea. 
For a full description of this issue, see the Preliminary Decision 
Memorandum at the section, ``Preliminary Determination of Critical 
Circumstances.''
---------------------------------------------------------------------------

    \5\ See letter from Petitioner, ``Re: Dioctyl Terephthalate from 
Korea; Critical Circumstances Allegation,'' dated November 15, 2016 
(``Critical Circumstances Allegation'').

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[[Page 9196]]

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act.
    We calculated the all-others rate based on a weighted average of 
AKP and LG Chem's publicly ranged total sales values.\6\
---------------------------------------------------------------------------

    \6\ With two respondents, we normally calculate (A) a weighted-
average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We compare (B) and (C) to (A) and select the rate 
closest to (A) as the most appropriate rate for all other companies. 
See Ball Bearings and Parts Thereof From France, Germany, Italy, 
Japan, and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Determination

    The Department preliminarily determines that DOTP from Korea is 
being, or is likely to be, sold in the United States at LTFV, pursuant 
to section 733 of the Act, and that the following estimated weighted-
average dumping margins exist during the POI:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/Producer                         dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd..........................            3.96
LG Chem, Ltd............................................            5.75
All Others..............................................            4.47
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of DOTP from Korea as described in Appendix I of this 
notice, which are entered, or withdrawn from warehouse, for consumption 
on or after the date of publication of this notice in the Federal 
Register.
    Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
we will instruct CBP to require a cash deposit equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
chart above, as follows: (1) The rate for the mandatory respondents 
listed above will be the respondent-specific rates we determined in 
this preliminary determination; (2) if the exporter is not a mandatory 
respondent identified above, but the producer is, the rate will be the 
specific rate established for the producer of the subject merchandise; 
and (3) the rate for all other producers or exporters will be the all-
others rate. These suspension-of-liquidation instructions will remain 
in effect until further notice.

Disclosure

    We intend to disclose the calculations performed to interested 
parties in this proceeding within five days of the public announcement 
of this preliminary determination in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days after the date of publication of this notice. Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    On January 10, 2017, pursuant to 19 CFR 351.210(e), LG Chem, Ltd. 
requested that, contingent upon an affirmative preliminary 
determination of sales at LTFV for the respondents, the Department 
postpone the final determination and that provisional measures be 
extended from a four-month period to a period not to exceed six 
months.\8\
---------------------------------------------------------------------------

    \8\ See Letter from LG Chem, Ltd. ``LG Chem's Request for 
Extension of Final Determination and Provisional Measures,'' dated 
January 10, 2017.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45

[[Page 9197]]

days after our final determination whether these imports are materially 
injuring, or threaten material injury to, the U.S. industry.\9\
---------------------------------------------------------------------------

    \9\ See section 735(b)(2) of the Act.
---------------------------------------------------------------------------

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Selection of Respondents
VII. Preliminary Determination of Critical Circumstances
VIII. Discussion of Methodology
    A. Determination of the Comparison Period
    B. Results of the Differential Pricing Analysis
IX. Product Comparisons
X. Date of Sale
XI. U.S. Price
    A. Export Price
    B. Constructed Export Price
    C. Duty Drawback
XII. Normal Value
    A. Comparison Mark Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. COP Analysis
    E. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Conclusion

[FR Doc. 2017-02250 Filed 2-2-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                                    9195

                                                    set forth at 19 CFR 351.218(d)(3). Note                 Background                                            this investigation: Aekyung
                                                    that certain information requirements                      The Department published the notice                Petrochemical Co., Ltd. (‘‘AKP’’) and LG
                                                    differ for respondent and domestic                      of initiation of this investigation on July           Chem Ltd. (‘‘LG Chem’’). Export price
                                                    parties. Also, note that the Department’s               28, 2016.1 For a complete description of              and, where appropriate, constructed
                                                    information requirements are distinct                   the events that followed the initiation of            export price are calculated in
                                                    from the Commission’s information                       this investigation, see the memorandum                accordance with section 772 of the Act.
                                                    requirements. Consult the Department’s                  that is dated concurrently with this                  Normal value (‘‘NV’’) is calculated in
                                                    regulations for information regarding                   determination and hereby adopted by                   accordance with section 773 of the Act.
                                                    the Department’s conduct of Sunset                      this notice.2 A list of topics included in            For a full description of the
                                                    Reviews. Consult the Department’s                       the Preliminary Decision Memorandum                   methodology underlying our
                                                    regulations at 19 CFR part 351 for                      is included as Appendix II to this                    preliminary conclusions, see the
                                                    definitions of terms and for other                      notice.                                               Preliminary Decision Memorandum.
                                                    general information concerning                             The Preliminary Decision
                                                    antidumping and countervailing duty                     Memorandum is a public document and                   Negative Preliminary Determination of
                                                    proceedings at the Department.                          is made available to the public via                   Critical Circumstances
                                                       This notice of initiation is being                   Enforcement and Compliance’s
                                                    published in accordance with section                    Antidumping and Countervailing Duty                      On November 15, 2016, Eastman
                                                    751(c) of the Act and 19 CFR 351.218(c).                Centralized Electronic Service System                 Chemical Company (‘‘Petitioner’’) filed
                                                      Dated: January 27, 2017.                              (‘‘ACCESS’’). ACCESS is available to                  a timely critical circumstances
                                                    Gary Taverman,                                          registered users at https://                          allegation, pursuant to section 733(e)(1)
                                                    Associate Deputy Assistant Secretary for                access.trade.gov, and to all parties in the           of the Act and 19 CFR 351.206(c)(1),
                                                    Antidumping and Countervailing Duty                     Central Records Unit, Room B8024 of                   alleging that critical circumstances exist
                                                    Operations.                                             the main Department of Commerce                       with respect to imports of DOTP.5 In
                                                    [FR Doc. 2017–02343 Filed 2–1–17; 11:15 am]             building. In addition, a complete                     accordance with 19 CFR
                                                    BILLING CODE 3510–DS–P                                  version of the Preliminary Decision                   351.206(c)(2)(i), when a critical
                                                                                                            Memorandum can be found at http://                    circumstances allegation is submitted
                                                                                                            enforcement.trade.gov/frn/. The signed                more than 20 days before the scheduled
                                                    DEPARTMENT OF COMMERCE                                  Preliminary Decision Memorandum and                   date of the preliminary determination,
                                                                                                            the electronic version of the Preliminary             the Department must issue a
                                                    International Trade Administration                      Decision Memorandum are identical in                  preliminary finding whether there is a
                                                    [A–580–889]                                             content.                                              reasonable basis to believe or suspect
                                                                                                            Scope of the Investigation                            that critical circumstances exist no later
                                                    Dioctyl Terephthalate From the                                                                                than the date of the preliminary
                                                    Republic of Korea: Affirmative                            The product covered by this                         determination. Section 733(e)(1) of the
                                                    Preliminary Determination of Sales at                   investigation is DOTP from Korea. For a               Act provides that the Department will
                                                    Less Than Fair Value, Negative                          full description of the scope of this                 preliminarily determine that critical
                                                    Preliminary Determination of Critical                   investigation, see the ‘‘Scope of the                 circumstances exist in a LTFV
                                                    Circumstances, and Postponement of                      Investigation,’’ in Appendix I.
                                                                                                                                                                  investigation if there is a reasonable
                                                    Final Determination                                     Scope Comments                                        basis to believe or suspect that: (A)(i)
                                                    AGENCY:   Enforcement and Compliance,                     In accordance with the preamble to                  There is a history of dumping and
                                                    International Trade Administration,                     the Department’s regulations,3 the                    material injury by reason of dumped
                                                    Department of Commerce.                                 Initiation Notice set aside a period of               imports in the United States or
                                                    SUMMARY: The Department of Commerce                     time for parties to raise issues regarding            elsewhere of the subject merchandise, or
                                                    (the ‘‘Department’’) preliminarily                      product coverage (i.e., ‘‘scope’’).4 No               (2) the person by whom, or for whose
                                                    determines that dioctyl terephthalate                   interested party submitted comments on                account, the merchandise was imported
                                                    (‘‘DOTP’’) from the Republic of Korea                   the scope of this investigation.                      knew or should have known that the
                                                    (‘‘Korea’’) is being, or is likely to be,                                                                     exporter was selling the subject
                                                                                                            Methodology
                                                    sold in the United States at less than fair                                                                   merchandise at less than its fair value
                                                    value (‘‘LTFV’’). The period of                           The Department is conducting this                   and that there was likely to be material
                                                    investigation (‘‘POI’’) is April 1, 2015,               investigation in accordance with section              injury by reason of such sales; and (B)
                                                    through March 31, 2016. The estimated                   731 of the Tariff Act of 1930, as                     there have been massive imports of the
                                                    weighted-average dumping margins of                     amended (‘‘the Act’’). There are two                  subject merchandise over a relatively
                                                    sales at LTFV are shown in the                          mandatory respondents participating in                short period. We have conducted an
                                                    ‘‘Preliminary Determination’’ section of                                                                      analysis of critical circumstances in
                                                                                                               1 See Dioctyl Terephthalate from the Republic of
                                                    this notice. Interested parties are invited             Korea: Initiation of Less-Than-Fair-Value
                                                                                                                                                                  accordance with section 733(e) of the
                                                    to comment on this preliminary                          Investigation, 81 FR 49628 (July 28, 2016)            Act and 19 CFR 351.206, and
                                                    determination.                                          (‘‘Initiation Notice’’).                              preliminarily determine that critical
                                                                                                               2 See Memorandum from Gary Taverman,
                                                    DATES: Effective February 3, 2017.                                                                            circumstances do not exist with regard
                                                                                                            Associate Deputy Assistant Secretary for
                                                                                                                                                                  to imports of DOTP from Korea. For a
                                                    FOR FURTHER INFORMATION CONTACT:                        Antidumping and Countervailing Duty Operations,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            to Ronald K. Lorentzen, Acting Assistant Secretary    full description of this issue, see the
                                                    Laurel LaCivita or Shanah Lee, AD/CVD
                                                    Operations, Office III, Enforcement and
                                                                                                            for Enforcement and Compliance, ‘‘Decision            Preliminary Decision Memorandum at
                                                                                                            Memorandum for the Preliminary Determination in       the section, ‘‘Preliminary Determination
                                                    Compliance, International Trade                         the Antidumping Duty Investigation of Dioctyl
                                                    Administration, U.S. Department of                      Terephthalate from the Republic of Korea,’’ dated     of Critical Circumstances.’’
                                                    Commerce, 1401 Constitution Ave. NW.,                   concurrently with this notice (‘‘Preliminary
                                                                                                                                                                    5 See letter from Petitioner, ‘‘Re: Dioctyl
                                                                                                            Decision Memorandum’’).
                                                    Washington, DC 20230; telephone: (202)                     3 See Antidumping Duties; Countervailing Duties,   Terephthalate from Korea; Critical Circumstances
                                                    482–4243, (202) 482–6386, respectively.                 62 FR 27296, 27323 (May 19, 1997).                    Allegation,’’ dated November 15, 2016 (‘‘Critical
                                                    SUPPLEMENTARY INFORMATION:                                 4 See Initiation Notice, 81 FR at 49629.           Circumstances Allegation’’).



                                               VerDate Sep<11>2014   17:26 Feb 02, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\03FEN1.SGM   03FEN1


                                                    9196                           Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

                                                    All-Others Rate                                         respondent-specific rates we determined                 All documents must be filed
                                                      Section 735(c)(5)(A) of the Act                       in this preliminary determination; (2) if             electronically using ACCESS. An
                                                    provides that the estimated ‘‘all-others’’              the exporter is not a mandatory                       electronically-filed request must be
                                                    rate shall be an amount equal to the                    respondent identified above, but the                  received successfully in its entirety by
                                                    weighted average of the estimated                       producer is, the rate will be the specific            ACCESS by 5:00 p.m. Eastern Time.
                                                    weighted-average dumping margins                        rate established for the producer of the
                                                                                                                                                                  Postponement of Final Determination
                                                    established for exporters and producers                 subject merchandise; and (3) the rate for
                                                                                                                                                                  and Extension of Provisional Measures
                                                    individually investigated, excluding any                all other producers or exporters will be
                                                    zero or de minimis margins, and any                     the all-others rate. These suspension-of-                Section 735(a)(2) of the Act provides
                                                    margins determined entirely under                       liquidation instructions will remain in               that a final determination may be
                                                    section 776 of the Act.                                 effect until further notice.                          postponed until not later than 135 days
                                                      We calculated the all-others rate                                                                           after the date of the publication of the
                                                                                                            Disclosure                                            preliminary determination if, in the
                                                    based on a weighted average of AKP and
                                                    LG Chem’s publicly ranged total sales                     We intend to disclose the calculations              event of an affirmative preliminary
                                                    values.6                                                performed to interested parties in this               determination, a request for such
                                                                                                            proceeding within five days of the                    postponement is made by exporters who
                                                    Preliminary Determination                               public announcement of this                           account for a significant proportion of
                                                      The Department preliminarily                          preliminary determination in                          exports of the subject merchandise, or in
                                                    determines that DOTP from Korea is                      accordance with 19 CFR 351.224(b).                    the event of a negative preliminary
                                                    being, or is likely to be, sold in the                                                                        determination, a request for such
                                                                                                            Verification
                                                    United States at LTFV, pursuant to                                                                            postponement is made by Petitioners. 19
                                                    section 733 of the Act, and that the                      As provided in section 782(i) of the                CFR 351.210(e)(2) requires that requests
                                                    following estimated weighted-average                    Act, we intend to verify information                  by respondents for postponement of a
                                                    dumping margins exist during the POI:                   relied upon in making our final                       final antidumping determination be
                                                                                                            determination.                                        accompanied by a request for extension
                                                                                           Weighted-                                                              of provisional measures from a four-
                                                                                            average        Public Comment
                                                                                                                                                                  month period to a period not more than
                                                          Exporter/Producer                dumping            Interested parties are invited to
                                                                                            margins                                                               six months in duration.
                                                                                           (percent)
                                                                                                           comment on this preliminary                               On January 10, 2017, pursuant to 19
                                                                                                           determination. Case briefs or other                    CFR 351.210(e), LG Chem, Ltd.
                                                    Aekyung Petrochemical Co.,                             written comments may be submitted to                   requested that, contingent upon an
                                                       Ltd .....................................     3.96 the Assistant Secretary for Enforcement                 affirmative preliminary determination of
                                                    LG Chem, Ltd .......................             5.75 and Compliance no later than seven                      sales at LTFV for the respondents, the
                                                    All Others ..............................        4.47 days after the date on which the final
                                                                                                                                                                  Department postpone the final
                                                                                                           verification report is issued in this                  determination and that provisional
                                                    Suspension of Liquidation                              proceeding, and rebuttal briefs, limited               measures be extended from a four-
                                                       In accordance with section 733(d)(2)                to issues raised in case briefs, may be                month period to a period not to exceed
                                                    of the Act, we will direct U.S. Customs                submitted no later than five days after                six months.8
                                                    and Border Protection (‘‘CBP’’) to                     the deadline date for case briefs.7                       In accordance with section
                                                    suspend liquidation of all entries of                  Pursuant to 19 CFR 351.309(c)(2) and                   735(a)(2)(A) of the Act and 19 CFR
                                                    DOTP from Korea as described in                        (d)(2), parties who submit case briefs or              351.210(b)(2)(ii), because (1) our
                                                    Appendix I of this notice, which are                   rebuttal briefs in this proceeding are                 preliminary determination is
                                                    entered, or withdrawn from warehouse, encouraged to submit with each                                          affirmative; (2) the requesting exporter
                                                    for consumption on or after the date of                argument: (1) A statement of the issue;                accounts for a significant proportion of
                                                    publication of this notice in the Federal (2) a brief summary of the argument;                                exports of the subject merchandise; and
                                                    Register.                                              and (3) a table of authorities.                        (3) no compelling reasons for denial
                                                       Pursuant to section 733(d)(1)(B) of the                Pursuant to 19 CFR 351.310(c),                      exist, we are postponing the final
                                                    Act and 19 CFR 351.205(d), we will                     interested parties who wish to request a               determination and extending the
                                                    instruct CBP to require a cash deposit                 hearing must submit a written request to               provisional measures from a four-month
                                                    equal to the weighted-average amount                   the Assistant Secretary for Enforcement                period to a period not greater than six
                                                    by which the NV exceeds U.S. price, as                 and Compliance, U.S. Department of                     months. Accordingly, we will make our
                                                    indicated in the chart above, as follows: Commerce within 30 days after the date                              final determination no later than 135
                                                    (1) The rate for the mandatory                         of publication of this notice. Requests                days after the date of publication of this
                                                    respondents listed above will be the                   should contain the party’s name,                       preliminary determination, pursuant to
                                                                                                           address, and telephone number, the                     section 735(a)(2) of the Act.
                                                      6 With two respondents, we normally calculate
                                                                                                           number of participants, and a list of the
                                                    (A) a weighted-average of the dumping margins          issues to be discussed. If a request for               International Trade Commission
                                                    calculated for the mandatory respondents; (B) a                                                               (‘‘ITC’’) Notification
                                                    simple average of the dumping margins calculated       a hearing is made, the Department
                                                    for the mandatory respondents; and (C) a weighted-     intends to hold the hearing at the U.S.                   In accordance with section 733(f) of
                                                    average of the dumping margins calculated for the      Department of Commerce, 1401                           the Act, we are notifying the ITC of our
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    mandatory respondents using each company’s             Constitution Avenue NW., Washington,
                                                    publicly-ranged values for the merchandise under                                                              affirmative preliminary determination of
                                                    consideration. We compare (B) and (C) to (A) and       DC 20230, at a time and date to be                     sales at LTFV. If our final determination
                                                    select the rate closest to (A) as the most appropriate determined. Parties should confirm by                  is affirmative, the ITC will determine
                                                    rate for all other companies. See Ball Bearings and    telephone the date, time, and location of              before the later of 120 days after the date
                                                    Parts Thereof From France, Germany, Italy, Japan,      the hearing two days before the
                                                    and the United Kingdom: Final Results of                                                                      of this preliminary determination or 45
                                                    Antidumping Duty Administrative Reviews, Final         scheduled date.
                                                    Results of Changed-Circumstances Review, and                                                                    8 See Letter from LG Chem, Ltd. ‘‘LG Chem’s

                                                    Revocation of an Order in Part, 75 FR 53661, 53663        7 See 19 CFR 351.309; see also 19 CFR 351.303       Request for Extension of Final Determination and
                                                    (September 1, 2010).                                    (for general filing requirements).                    Provisional Measures,’’ dated January 10, 2017.



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                                                                                      Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                                     9197

                                                    days after our final determination                            A. Export Price                                     System of the United States (HTSUS).
                                                    whether these imports are materially                          B. Constructed Export Price                         Although the HTSUS subheadings are
                                                    injuring, or threaten material injury to,                     C. Duty Drawback                                    provided for convenience and customs
                                                                                                                XII. Normal Value
                                                    the U.S. industry.9                                                                                               purposes, the written description of
                                                                                                                  A. Comparison Mark Viability
                                                      This determination is issued and                                                                                merchandise subject to the scope is
                                                                                                                  B. Affiliated-Party Transactions and Arm’s-
                                                    published in accordance with sections                            Length Test                                      dispositive.2
                                                    733(f) and 777(i)(1) of the Act and 19                        C. Level of Trade
                                                    CFR 351.205(c).                                                                                                   Methodology
                                                                                                                  D. COP Analysis
                                                      Dated: January 26, 2017.                                    E. Calculation of NV Based on Comparison               The Department is conducting this
                                                    Ronald K. Lorentzen,
                                                                                                                     Market Prices                                    administrative review in accordance
                                                                                                                XIII. Currency Conversion                             with section 751(a)(1)(B) and 751(a)(2)
                                                    Acting Assistant Secretary for Enforcement                  XIV. Conclusion
                                                    and Compliance.
                                                                                                                                                                      of the Tariff Act of 1930, as amended
                                                                                                                [FR Doc. 2017–02250 Filed 2–2–17; 8:45 am]            (the Act). Constructed export price is
                                                    Appendix I                                                  BILLING CODE 3510–DS–P                                calculated in accordance with section
                                                    Scope of the Investigation                                                                                        772 of the Act. NV is calculated in
                                                                                                                                                                      accordance with section 773 of the Act.
                                                       The merchandise covered by this
                                                    investigation is dioctyl terephthalate
                                                                                                                DEPARTMENT OF COMMERCE                                   For a full description of the
                                                    (‘‘DOTP’’), regardless of form. DOTP that has                                                                     methodology underlying our
                                                    been blended with other products is included                International Trade Administration                    conclusions, see the Preliminary
                                                    within this scope when such blends include                  [A–549–820]                                           Decision Memorandum. The
                                                    constituent parts that have not been                                                                              Preliminary Decision Memorandum is a
                                                    chemically reacted with each other to                       Prestressed Concrete Steel Wire                       public document and is made available
                                                    produce a different product. For such blends,               Strand From Thailand: Preliminary                     to the public via Enforcement and
                                                    only the DOTP component of the mixture is                   Results of Antidumping Duty                           Compliance’s Antidumping and
                                                    covered by the scope of this investigation.
                                                       DOTP that is otherwise subject to this                   Administrative Review; 2015                           Countervailing Duty Centralized
                                                    investigation is not excluded when                                                                                Electronic Service System (ACCESS).
                                                                                                                AGENCY:   Enforcement and Compliance,                 ACCESS is available to registered users
                                                    commingled with DOTP from sources not
                                                                                                                International Trade Administration,                   at http://access.trade.gov, and is
                                                    subject to this investigation. Commingled
                                                    refers to the mixing of subject and non-                    Department of Commerce.                               available to all parties in the Central
                                                    subject DOTP. Only the subject component of                 SUMMARY: The Department of Commerce                   Records Unit, room B8024 of the main
                                                    such commingled products is covered by the                  (Department) is conducting an                         Department of Commerce building. In
                                                    scope of the investigation.                                 administrative review of the                          addition, a complete version of the
                                                       DOTP has the general chemical                            antidumping duty order on prestressed                 Preliminary Decision Memorandum can
                                                    formulation C6H4(C8H17COO)2 and a                           concrete steel wire strand (PC strand)
                                                    chemical name of ‘‘bis (2-ethylhexyl)
                                                                                                                                                                      be found at http://
                                                                                                                from Thailand. The period of review                   enforcement.trade.gov/frn/index.html.
                                                    terephthalate’’ and has a Chemical Abstract
                                                    Service (‘‘CAS’’) registry number of 6422–86–
                                                                                                                (POR) is January 1, 2015, through                     The signed Preliminary Decision
                                                    2. Regardless of the label, all DOTP is                     December 31, 2015. The review covers                  Memorandum and the electronic
                                                    covered by this investigation.                              one producer/exporter of the subject                  version of the Preliminary Decision
                                                       Subject merchandise is currently classified              merchandise, The Siam Industrial Wire                 Memorandum are identical in content.
                                                    under subheading 2917.39.2000 of the                        Co., Ltd. (SIW). We preliminarily                     A list of the topics discussed in the
                                                    Harmonized Tariff Schedule of the United                    determine that SIW did not make sales                 Preliminary Decision Memorandum is
                                                    States (‘‘HTSUS’’). Subject merchandise may                 of subject merchandise at prices below                attached as an Appendix to this notice.
                                                    also enter under subheadings 2917.39.7000                   normal value (NV). We invite interested
                                                    or 3812.20.1000 of the HTSUS. While the                     parties to comment on these preliminary               Preliminary Results of Review
                                                    CAS registry number and HTSUS
                                                    classification are provided for convenience
                                                                                                                results.                                                As a result of this administrative
                                                    and customs purposes, the written                           DATES: Effective February 3, 2017.                    review, we preliminarily determine that
                                                    description of the scope of this investigation              FOR FURTHER INFORMATION CONTACT:                      a weighted-average dumping margin of
                                                    is dispositive.                                             Sergio Balbontin or Brian Smith, AD/                  0.00 percent exists for SIW for the POR.
                                                    Appendix II                                                 CVD Operations, Office VIII,                          Verification
                                                                                                                Enforcement and Compliance,
                                                    List of Topics Discussed in the Preliminary                 International Trade Administration,                     As provided in section 782(i)(3) of the
                                                    Decision Memorandum
                                                                                                                U.S. Department of Commerce, 1401                     Act, we intend to verify information
                                                    I. Summary                                                  Constitution Avenue NW., Washington,                  relied upon in the final results.
                                                    II. Background                                              DC 20230; telephone: (202) 482–6478 or                Disclosure and Public Comment
                                                    III. Period of Investigation
                                                                                                                (202) 482–1677, respectively.
                                                    IV. Postponement of Final Determination and                                                                         We intend to disclose the calculations
                                                          Extension of Provisional Measures                     SUPPLEMENTARY INFORMATION:                            performed for these preliminary results
                                                    V. Scope Comments                                                                                                 to the parties within five days of the
                                                                                                                Scope of the Order
                                                    VI. Selection of Respondents
                                                    VII. Preliminary Determination of Critical                    The merchandise covered by the                         2 A full description of the scope of the Order is
                                                          Circumstances                                         Order 1 is PC strand from Thailand. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                      contained in the memorandum to Ronald K.
                                                    VIII. Discussion of Methodology                             product is currently classified under                 Lorentzen, Acting Assistant Secretary for
                                                       A. Determination of the Comparison Period                subheadings 7312.10.3010 and                          Enforcement and Compliance, from Gary Taverman,
                                                       B. Results of the Differential Pricing                   7312.10.3012 of the Harmonized Tariff
                                                                                                                                                                      Associate Deputy Assistant Secretary for
                                                          Analysis                                                                                                    Antidumping and Countervailing Duty Operations,
                                                    IX. Product Comparisons                                                                                           ‘‘Decision Memorandum for Preliminary Results of
                                                                                                                  1 See Notice of Amended Final Determination of      the Antidumping Duty Administrative Review:
                                                    X. Date of Sale
                                                                                                                Sales at Less Than Fair Value and Antidumping         Prestressed Concrete Steel Wire Strand from
                                                    XI. U.S. Price                                              Duty Order: Prestressed Concrete Steel Wire Strand    Thailand’’ (Preliminary Decision Memorandum),
                                                                                                                from Thailand, 69 FR 4111 (January 28, 2004)          dated concurrently with these results and hereby
                                                      9 See   section 735(b)(2) of the Act.                     (Order).                                              adopted by this notice.



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Document Created: 2018-02-01 14:34:51
Document Modified: 2018-02-01 14:34:51
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 February 3, 2017.
ContactLaurel LaCivita or Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-4243, (202) 482-6386, respectively.
FR Citation82 FR 9195 

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