CSMS# 19-000121 - Initiation of AD Investigations: Acetone from Multiple Countries
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03/13/2019 08:51 AM EDT
Trade Policy Updates
On March 11, 2019, the Department of Commerce (Commerce) initiated its less-than-fair-value investigations on “Acetone from Belgium, the Republic of Korea (Korea), the Kingdom of Saudi Arabia (Saudi Arabia), Singapore, the Republic of South Africa (South Africa), and Spain” (Initiation Notices). These investigations have been assigned the following case numbers: A-423-814 (Belgium), A-580-899 (Korea), A-517-805 (Saudi Arabia), A-559-808 (Singapore), A-791-824 (South Africa) and A-469-819 (Spain).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by these investigations 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 ß-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 includes acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol, regardless of the quantity or value of the acetone component. For such combined products, only the acetone component is covered by the scope of these investigations. Acetone that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. 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 investigations.
The scope also includes acetone that is commingled with acetone from sources not subject to these investigations, regardless of the quantity or value of the subject acetone component. Only the subject merchandise component of such commingled products is covered by the scope of these investigations. Acetone that has been commingled with acetone from sources not subject to these investigations is included within the scope, regardless of whether the combining occurs in third countries. The acetone component from sources not subject to these investigations may still be subject to other acetone investigations.
The Chemical Abstracts Service (CAS) registry number for acetone is 67-64-1.
The merchandise covered by these investigations is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Acetone and acetone combinations and mixtures covered by these investigations may also enter under different HTSUS subheadings, such as 2902.20.0000, 2902.70.0000, 2905.12.0050, or 2914.12.0000, however, this list of 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 investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notice, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on April 1, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 11, 2019, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Required Certifications:
Please note that the following certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, parties submitting factual information must use the formats for the certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230:
Alex Cipolla at (202) 482-4956 (Antidumping Duty Investigation from Belgium); Sean Carey at (202) 482-3964 (Antidumping Duty Investigation from Korea); Michael J. Heaney or Heather Lui at (202) 482-4475 or (202) 482-0016, respectively (Antidumping Duty Investigation from Saudi Arabia); Moses Y. Song or Joshua A. DeMoss at (202) 482-7885 or (202) 482-3362, respectively (Antidumping Duty Investigation from Singapore); Charlotte Baskin-Gerwitz at (202) 482-4880 (Antidumping Duty Investigation from South Africa); and John C. McGowan or Preston N. Cox at (202) 482-3019 or (202) 482-5041, respectively (Antidumping Duty Investigation from Spain).
On March 11, 2019, the Department of Commerce (Commerce) initiated its less-than-fair-value investigations on “Acetone from Belgium, the Republic of Korea (Korea), the Kingdom of Saudi Arabia (Saudi Arabia), Singapore, the Republic of South Africa (South Africa), and Spain” (Initiation Notices). These investigations have been assigned the following case numbers: A-423-814 (Belgium), A-580-899 (Korea), A-517-805 (Saudi Arabia), A-559-808 (Singapore), A-791-824 (South Africa) and A-469-819 (Spain).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by these investigations 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 ß-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 includes acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol, regardless of the quantity or value of the acetone component. For such combined products, only the acetone component is covered by the scope of these investigations. Acetone that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. 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 investigations.
The scope also includes acetone that is commingled with acetone from sources not subject to these investigations, regardless of the quantity or value of the subject acetone component. Only the subject merchandise component of such commingled products is covered by the scope of these investigations. Acetone that has been commingled with acetone from sources not subject to these investigations is included within the scope, regardless of whether the combining occurs in third countries. The acetone component from sources not subject to these investigations may still be subject to other acetone investigations.
The Chemical Abstracts Service (CAS) registry number for acetone is 67-64-1.
The merchandise covered by these investigations is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Acetone and acetone combinations and mixtures covered by these investigations may also enter under different HTSUS subheadings, such as 2902.20.0000, 2902.70.0000, 2905.12.0050, or 2914.12.0000, however, this list of 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 investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notice, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on April 1, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 11, 2019, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Required Certifications:
Please note that the following certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, parties submitting factual information must use the formats for the certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230:
Alex Cipolla at (202) 482-4956 (Antidumping Duty Investigation from Belgium); Sean Carey at (202) 482-3964 (Antidumping Duty Investigation from Korea); Michael J. Heaney or Heather Lui at (202) 482-4475 or (202) 482-0016, respectively (Antidumping Duty Investigation from Saudi Arabia); Moses Y. Song or Joshua A. DeMoss at (202) 482-7885 or (202) 482-3362, respectively (Antidumping Duty Investigation from Singapore); Charlotte Baskin-Gerwitz at (202) 482-4880 (Antidumping Duty Investigation from South Africa); and John C. McGowan or Preston N. Cox at (202) 482-3019 or (202) 482-5041, respectively (Antidumping Duty Investigation from Spain).
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