South Korea Dioctyl Terephthalate: New AD Duty Investigation Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigation on dioctyl terephthalate from South Korea (A-580-889) (here). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped dioctyl terephthalate are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Aug. 15, the investigation will immediately end. If Commerce finds dumping in the preliminary determinations of this investigation, currently due in December, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it will pick respondents for these investigations based on CBP import data. Comments on respondent selection are due Aug. 4. Commerce intends to complete selection of respondents to these investigations by Aug. 17, it said.
Scope of the AD/CVD Investigations
"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."
Comments on the scope of the investigation are due by Aug. 9.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 06/30/16 |
| DOC initiation date | 07/20/16 |
| ITC prelim determinations* | 08/15/16 |
| DOC prelim determinations† | 12/07/16 |
| DOC final determinations† | 02/21/17 |
| ITC final determinations‡ | 04/06/17 |
| Issuance of orders+ | 04/13/17 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1607010037 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is (here).