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New Antidumping Petition on Acetone from Belgium, Korea, Saudi Arabia, Singapore, South Africa and Spain

The Coalition for Acetone Fair Trade, on behalf of AdvanSix Inc., Altivia Petrochemicals, LLC, and Olin Corporation (“petitioners”), on February 19, 2019, filed an antidumping (AD) petition on imports of acetone from Belgium, Korea, Saudi Arabia, Singapore, South Africa and Spain.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of acetone.

Scope

The merchandise covered by this petition is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (IUP AC) name propan-2-one. In addition to the IUP AC name, acetone is also referred to as β-ketopropane (or “beta-ketopropane”), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroactic 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, benzene, diethyl ether, methanol, chloroform, and ethanol. 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.

Acetone that is otherwise subject to these investigations is not excluded when commingled with acetone from sources not subject to these investigations. Only the subject merchandise component of such commingled products is covered by the scope of these 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. 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.

Alleged Dumping Margins

The petitioners allege the following dumping margins:

  • Belgium: 35.76 percent to 85.96 percent
  • Korea: 113.46 percent to 176.61 percent
  • Saudi Arabia: 40.08 percent to 75.11 percent
  • Singapore: 48.96 percent to 200.29 percent
  • South Africa: 12.83 percent to 410.22 percent
  • Spain: 124.49 percent to 200.94 percent

Estimated Schedule of Investigations

  • February 19, 2019 – Petition is filed
  • March 11, 2019 – DOC initiates investigation
  • March 12, 2019 – ITC staff conference
  • April 5, 2019 – Deadline for ITC preliminary injury determinations
  • July 29, 2019 – Deadline for DOC preliminary AD determination, if not postponed
  • September 17, 2019 – Deadline for DOC preliminary AD determination, if fully postponed
  • January 30, 2020 – Deadline for DOC final AD determinations, if both preliminary and final determinations are fully postponed
  • March 16, 2020 – Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines
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About this Author

Douglass Heffner, International trade lawyer, Drinker Biddle
Partner

Douglas J. Heffner litigates customs and international trade matters including antidumping duty, countervailing duty and safeguard cases. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, to consumer and industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.

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Richard P Ferrin, International Trade Lawyer, Drinker Biddle
Counsel

Richard P. Ferrin advises clients about international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels. He advocates for his client in global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations. Richard has represented foreign manufacturers, foreign exporters, and U.S. importers in antidumping and countervailing duty proceedings before the U.S. International Trade Commission, and in judicial review of administrative actions at the U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit and North American Free Trade Agreement binational panels. In addition, Richard advises importers on how to minimize antidumping duty liability.

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Jared A. Angle Drinker Biddle Law Firm
International Trade Analyst

Jared A. Angle brings a wealth of experience in international trade policy and compliance issues, including antidumping/countervailing duty investigations, Department of Commerce verifications, and Section 201, 232 and 301 investigations. He provides deep analyses of trade matters for clients, leveraging his strong background in international affairs research and economics. Jared has worked with government agencies such as the U.S. International Trade Commission, Department of Commerce and U.S. Trade Representative, as well as major chemicals and...

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