[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17866-17867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06639]
[[Page 17866]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-814, A-580-899, A-791-824]
Acetone From Belgium, the Republic of South Africa, and the
Republic of Korea: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on acetone from Belgium,
the Republic of South Africa (South Africa), and the Republic of Korea
(Korea).
DATES: Applicable March 31, 2020.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482-4956
(Belgium), Caitlin Monks (202) 482-2670 (South Africa), or Sean Carey
at (202) 482-3964 (Korea), AD/CVD Operations, Office VII, Enforcement
and Compliance, International Trade Administration, 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 (the Act), and 19 CFR 351.210(c), on February 13,
2020, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of acetone from Belgium,
South Africa, and Korea.\1\ On March 17, 2020, the ITC notified
Commerce of its final affirmative determinations that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of acetone
from Belgium, South Africa, and Korea.\2\
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\1\ See Acetone from Belgium: Final Determination of Sales at
Less Than Fair Value, 85 FR 8249 (February 13, 2020); see also
Acetone from the Republic of South Africa: Final Determination of
Sales at Less Than Fair Value, 85 FR 8247 (February 13, 2020); and
Acetone from the Republic of Korea: Final Determination of Sales at
Less Than Fair Value, 85 FR 8252 (February 13, 2020) (collectively,
Final Determinations).
\2\ See ITC's Letter dated March 17, 2020 (ITC Notification
Letter).
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Scope of the Orders
The merchandise covered by these orders is acetone from Belgium,
Korea, and South Africa. For a complete description of the scope of the
orders, see the Appendix to this notice.
Antidumping Duty Orders
On March 17, 2020, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of acetone from Belgium, Korea, and South
Africa.\3\ Therefore, in accordance with sections 735(c)(2) and 736 of
the Act, Commerce is issuing these antidumping duty orders. Because the
ITC determined that imports of acetone from Belgium, Korea, and South
Africa are materially injuring a U.S. industry, unliquidated entries of
such merchandise from Belgium, Korea, and South Africa, which are
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\3\ See ITC Notification Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, 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 acetone from
Belgium, Korea, and South Africa. Antidumping duties will be assessed
on unliquidated entries of acetone from Belgium, Korea, and South
Africa entered, or withdrawn from warehouse, for consumption on or
after September 24, 2019, the date of publication of the Preliminary
Determinations,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before publication in
the Federal Register of the ITC's injury determination, as further
described below.
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\4\ See Acetone from Belgium: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
49999 (September 24, 2019); see also Acetone from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 84 FR 50005 (September 24, 2019); and Acetone
from the Republic of South Africa: Preliminary Affirmative
Determination of Sales and Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
49984 (September 24, 2019) (collectively, Preliminary
Determinations).
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., acetone from Belgium, Korea, and South Africa), effective on the
date of publication of the ITC final determinations in the Federal
Register, and to assess, upon further instruction by Commerce pursuant
to section 736(a)(1) of the Act, antidumping duties for each entry of
the subject merchandise equal to the amount by which the normal value
of the merchandise exceeds the export price or constructed export price
of the merchandise, adjusted by the amount of export subsidies, where
appropriate. We intend to instruct CBP to require, at the same time as
importers would normally deposit estimated import duties on this
merchandise, cash deposits for each entry of subject merchandise equal
to the estimated weighted-average dumping margins listed below. These
instructions suspending liquidation will remain in effect until further
notice. The all-others rates apply to all other producers or exporters
not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Belgium
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INEOS Europe AG/INEOS Phenol Belgium NV..................... 28.10
All Others.................................................. 28.10
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Korea
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Kumho P&B Chemicals, Inc.................................... 47.86
LG Chem, Ltd................................................ 25.05
All Others.................................................. 33.10
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South Africa
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Sasol South Africa Limited.................................. 414.92
All Others.................................................. 314.51
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. Commerce's Preliminary Determinations were
published on September 24, 2019.\5\ In the Preliminary Determinations,
Commerce postponed the Final Determinations, and extended
[[Page 17867]]
the provisional measures period to six months. Commerce's Final
Determinations were published on February 13, 2020.\6\ As such, the
six-month period beginning on the date of publication of the
Preliminary Determinations ends on March 22, 2020.
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\5\ See Preliminary Determinations.
\6\ See Final Determinations.
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Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation, and to
liquidate, without regard to antidumping duties, unliquidated entries
of acetone from Belgium, Korea, and South Africa entered or withdrawn
from warehouse for consumption after March 22, 2020, the date on which
the provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
acetone from Belgium, Korea, and South Africa, 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.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders is all grades of liquid
or aqueous acetone. Acetone is also known under the International
Union of Pure and Applied Chemistry (IUPAC) name propan-2-one. In
addition to the IUPAC name, acetone is also referred to as [beta]-
ketopropane (or beta-ketopropane), ketone propane, methyl ketone,
dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone,
dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and
pyroacetic spirit. Acetone is an isomer of the chemical formula
C3H6O, with a specific molecular formula of
CH3COCH3 or (CH3)2CO.
The scope covers both pure acetone (with or without impurities)
and acetone that is combined or mixed with other products,
including, but not limited to, isopropyl alcohol, benzene, diethyl
ether, methanol, chloroform, and ethanol. Acetone that has been
combined with other products is included within the scope,
regardless of whether the combining occurs in third countries.
The scope also includes acetone that is commingled with acetone
from sources not subject to these orders.
For combined and commingled products, only the acetone component
is covered by the scope of these orders. However, when acetone is
combined with acetone components from sources not subject to this
investigation, those third country acetone components may still be
subject to other acetone orders.
Notwithstanding the foregoing language, an acetone combination
or mixture that is transformed through a chemical reaction into
another product, such that, for example, the acetone can no longer
be separated from the other products through a distillation process
(e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded
from these orders.
A combination or mixture is excluded from these orders if the
total acetone component (regardless of the source or sources)
comprises less than 5 percent of the combination or mixture, on a
dry weight basis.
The Chemical Abstracts Service (CAS) registry number for acetone
is 67-64-1.
The merchandise covered by these orders is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or
mixtures of acetone may enter under subheadings in Chapter 38 of the
HTSUS, including, but not limited to, those under heading
3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list
of items found under these HTSUS subheadings is non-exhaustive.
Although these HTSUS subheadings and CAS registry number are
provided for convenience and customs purposes, the written
description of the scope of these orders is dispositive.
[FR Doc. 2020-06639 Filed 3-30-20; 8:45 am]
BILLING CODE 3510-DS-P