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New Trade Case on Imports of Acetone From Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain

New U.S. antidumping (“AD”) duty investigations were filed on February 18, 2019 by the Coalition for Acetone Free Trade (“Petitioner”) against imports of acetone from Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain.

The merchandise covered by the petition is acetone.  A full detailed description of the subject merchandise is set forth below.

The petition includes AD (less than fair value) allegations against Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain.  The Department of Commerce and the International Trade Commission (“ITC”) will next determine whether to launch AD duty investigations on these products. Commerce will be responsible for calculating the ultimate AD margins on the imports, while the ITC will conduct a concurrent investigation to determine if the imports are injuring the U.S. industry. If Commerce finds dumping in its preliminary determinations, currently scheduled for July 11, 2019, importers will be charged the calculated duties upon the products’ entry in the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

The following are key facts about this trade case:

Petitioner: Coalition for Acetone Free Trade, which consists of AdvanSix Inc., Altivia Petrochemicals, LLC, and Olin Corporation.

Foreign Producers/Exporters and US Importers:  Please contact us for a listing of individual companies named in the petition.

Alleged AD margins:  Petitioner has alleged the following AD margins:

  • Belgium – 46.29 percent to 65.44 percent based on the average Customs Value compared to Constructed Value. 35.76 percent to 85.96 percent based on individual price-to-Constructed Value comparisons.
  • Korea – 123.07 percent based on the average Customs Value compared to Constructed Value. 113.46 percent to 175.60 percent for ship manifest matches based on individual price-to-Constructed Value comparisons. 176.61 percent for U.S. price quote based on an individual price-to-Constructed Value comparison.
  • Saudi Arabia –  75.11 percent
  • Singapore – 72.81 percent based on the average Customs Value compared to Constructed Value. 48.96 percent to 200.29 percent based on individual price-to-Constructed Value comparisons.
  • South Africa – 211.22 percent to 410.22 percent based on Constructed Value. 12.83 percent to 92.28 percent based on price-to-price comparisons.
  • Spain – 184.99 percent.

Merchandise covered by the scope of the case:

The merchandise covered by this investigation is acetone, also known as propan-2-one, 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 sprit, is an isomer of the chemical formula C3H6O,  with a specific molecular formula of CH3COCH3 or (CH3)2CO.  It is a clear, colorless, flammable liquid with a fragrant, sweetish odor that is miscible in water and evaporates quickly in the air.  Acetone is toxic in high doses.

Acetone is a solvent for fats, oils, waxes, resins, rubber, plastics, lacquers, varnishes, and rubber cements and is used in the manufacture of coatings, plastics, pharmaceuticals, and cosmetics (including nail polish removers), as well as the production of other solvents and intermediates including: methyl isobutyl ketone, mesityl oxide, acetic acid (ketene process), diacetone alcohol, bisphenol A (“BPA”), methyl methacrylate (“MMA”), explosives, rayon, photographic films, and isoprene.   

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 2914.11.1000 and 2914.11.5000.

While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680) or Kevin Williams (kwilliams@clarkhill.com; 312-985-5907).