Notice2021-26017
Certain Superabsorbent Polymers From the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation
Primary source
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Published
November 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
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[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67915-67919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26017]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers From the Republic of Korea:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 22, 2021.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Elfi Blum; AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3979 or (202) 482-0197,
respectively.
SUPPLEMENTARY INFORMATION:
Petition
On November 2, 2021, the Department of Commerce (Commerce) received
an antidumping duty (AD) petition concerning imports of certain
superabsorbent polymers (SAP) from the Republic of Korea (Korea), filed
in proper form on behalf of the Ad Hoc Coalition of American SAP
Producers (the petitioner), whose members are BASF Corporation, Evonik
Superabsorber LLC, and Nippon Shokubai America Industries, Inc.,
domestic producers of SAP.\1\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Superabsorbent Polymers
from the Republic of Korea,'' dated November 2, 2021 (Petition); see
also Petitioner's Letter, ``Amendment to the Petition for the
Imposition of Antidumping Duties on Imports of Certain
Superabsorbent Polymers from the Republic of Korea,'' dated November
3, 2021 (Amended Petition) (collectively, Petition, as amended).
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On November 4, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\2\ The petitioner filed
a response to these requests on November 9, 2021.\3\ On November 10,
2021, Commerce conducted a teleconference with the petitioner, and the
petitioner addressed Commerce's concerns discussed therein with its
supplemental response submitted on November 12, 2021.\4\
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\2\ See Commerce's Letter, ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Superabsorbent Polymers
from the Republic of Korea: Supplemental Questions,'' dated November
4, 2021 (Supplemental Questionnaire).
\3\ See Petitioner's Letter, ``Certain Superabsorbent Polymers
from the Republic of South Korea--Responses to Supplemental
Questions,'' dated November 9, 2021 (Petition Supplement).
\4\ See Memorandum, ``Petition for the Imposition of Antidumping
Duties on Imports of Certain Superabsorbent Polymers from the
Republic of Korea: Phone Call with Counsel to the Petitioner,''
dated November 10, 2021 (Phone Memo); and Petitioner's Letter,
``Certain Superabsorbent Polymers from the Republic of Korea--
Responses to Second Supplemental Questionnaire,'' dated November 12,
2021 (Scope Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of SAP from
Korea are being, or are likely to be, sold in the United States at less
than fair value (LTFV) within the meaning of section 731 of the Act,
and that imports of such products are materially injuring, or
threatening material injury to, the SAP industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(E) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigation.\6\
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\5\ See Petition, as amended, at Volume I at 2.
\6\ See infra, section on ``Determination of Industry Support
for the Petition.''
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Period of Investigation
Because the Petition was filed on November 2, 2021, the period of
investigation (POI) for this investigation is October 1, 2020, through
September 30, 2021, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is SAP from Korea. For a
full description of the scope of this investigation, see the appendix
to this notice.
Comments on the Scope of the Investigation
On November 4, 2021, and on November 10, 2021, Commerce requested
further information and clarification from the petitioner regarding the
proposed scope to ensure that the scope language in the Petition is an
accurate reflection of the products for which the domestic industry is
seeking relief.\7\ On November 9 and 12, 2021, the petitioner revised
the scope.\8\ The description of the merchandise covered by this
investigation, as described in the appendix to this notice, reflects
these clarifications.
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\7\ See Supplemental Questionnaire at 3; see also Phone Memo.
\8\ See Petition Supplement at 7-8; see also Scope Supplement at
5-6.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested
[[Page 67916]]
parties submit such comments by 5:00 p.m. Eastern Time (ET) on December
13, 2021, which is the next business day after 20 calendar days from
the signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, must be filed by 5:00 p.m. ET on December
23, 2021, which is ten calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The 20-day deadline falls on December 12, 2021, which is a
Sunday. Therefore, in accordance with the Next Business Day Rule,
the deadline moves to the next business day, December 13, 2021. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, as Amended, 70 FR 24533 (May 10, 2008) (Next Business
Day Rule).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
that period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the record of this AD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of SAP to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant costs of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe SAP, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 13,
2021, which is the next business day after 20 calendar days from the
signature date of this notice.\13\ Any rebuttal comments must be filed
by 5:00 p.m. ET on December 23, 2021. All comments and submissions to
Commerce must be filed electronically using ACCESS, as explained above.
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\13\ See Next Business Day Rule.
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639,
644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that SAP, as defined in the
scope, constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\17\
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\16\ See Petition, as amended, at Volume I at 8-10.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Certain Superabsorbent Polymers from the Republic of Korea,'' (AD
Initiation Checklist) at Attachment II, Analysis of Industry Support
for the Antidumping Duty Petition Covering Certain Superabsorbent
Polymers from the Republic of Korea (Attachment II). This checklist
is dated concurrently with this notice and on file electronically
via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like
[[Page 67917]]
product as defined in the ``Scope of the Investigation,'' in the
appendix to this notice. To establish industry support, the petitioner
provided its own production of the domestic like product in 2020.\18\
The petitioner states that there are no other known U.S. producers of
SAP; therefore, the Petition is supported by 100 percent of the U.S.
industry.\19\ We relied on data provided by the petitioner for purposes
of measuring industry support.\20\
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\18\ See Petition, as amended, at Volume I at 19 and Exhibit I-
9; see also Petition Supplement at 8 and Supp. Exhibit I-4.
\19\ See Petition, as amended, at Volume I at 2-3; see also
Petition Supplement at 8 and Supp. Exhibits I-2 and I-3.
\20\ See Petition, as amended, at Volume I at 2-3; see also
Petition Supplement at 8 and Supp. Exhibit I-4. For further
discussion, see AD Initiation Checklist at Attachment II.
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On November 15, 2021, we received comments on industry support from
LG Chem, Ltd. (LGC), a Korean producer and/or exporter of SAP.\21\ The
petitioner responded to the industry support comments on November 17,
2021.\22\
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\21\ See LGC's Letters, ``Superabsorbent Polymers from South
Korea: Entry of Appearance,'' dated November 8, 2021; and ``Certain
Superabsorbent Polymers from the Republic of Korea: Comments on
Industry Support,'' dated November 15, 2021.
\22\ See Petitioner's Letter, ``Certain Superabsorbent Polymers
from Korea--Response to Comments on Industry Support,'' dated
November 17, 2021 (Petitioner's Rebuttal).
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Our review of the data provided in the Petition, the Petition
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition. First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product, and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\23\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\25\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\26\
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\23\ See AD Initiation Checklist at Attachment II; see also
section 732(c)(4)(D) of the Act.
\24\ See AD Initiation Checklist at Attachment II.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petition, as amended, at Volume I at 11-12 and Exhibits
I-5 and I-6.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; decline in production and U.S.
shipments; adverse impact on capacity utilization; flat employment and
decline in hours worked; and decline in financial performance.\28\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\29\
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\28\ Id. at 12-24 and Exhibits I-4, I-7 through I-10, and I-12
through I-17; see also Petition Supplement at 9-10 and Supp.
Exhibits I-5, I-6, and II-8.
\29\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping Duty Petition Covering Certain Superabsorbent Polymers
from the Republic of Korea (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of SAP from Korea. The sources of data for the deductions and
adjustments relating to U.S. price and normal value (NV) are discussed
in greater detail in the AD Initiation Checklist.
U.S. Price
The petitioner based the U.S. price on export price (EP), using
pricing information for SAP produced in Korea and sold, or offered for
sale, to a U.S. customer during the POI. The petitioner made certain
adjustments to delivered U.S. gross price for movement expenses and
other expenses, to calculate a net ex-factory U.S. price.\30\
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\30\ See AD Initiation Checklist; see also Petition, as amended,
Volume II at 3-6 and Exhibits 6, 9-13; Petition Supplement at 10-13
and Supp. Exhibits II-2--3 and 5.
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Normal Value <SUP>31</SUP>
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\31\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
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The petitioner obtained pricing information for SAP produced and
sold, or offered for sale, in Korea, from a confidential report. The
petitioner provided a declaration discussing the methodologies used in
the report to calculate home market prices throughout the POI to
support the pricing information. As the prices obtained were on a
delivered basis, exclusive of value-added tax, the petitioner made
deductions for movement expenses.\32\
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\32\ See AD Initiation Checklist; see also Petition, as amended,
Volume II at 2-3 and Exhibits 5-7; Petition Supplement at 13-16 and
Supp. Exhibits II-4 and 6-7.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of SAP from Korea are being, or are likely to be,
sold in the United States at LTFV. Based on a comparison of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for SAP from Korea range from 27.20 percent to 48.20.\33\
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\33\ Id.; see also Petition, as amended, Volume II at 6 and
Exhibit 15; Petition Supplement at 17 and Exhibits II-3 and II-8--
II-9.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an AD investigation to determine
whether imports of SAP from Korea are being, or are likely to be, sold
in the United States at LTFV. In accordance with section 733(b)(1)(A)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petition, the petitioner named three companies in Korea as
producers/exporters of SAP.\34\ Following standard practice in AD
investigations involving market economy countries, in the event
Commerce determines that the number
[[Page 67918]]
of exporters or producers in any individual case is large such that
Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States numbers listed in the ``Scope of the
Investigation,'' in the appendix.
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\34\ See Petition, as amended, at Volume II at Exhibit II-1.
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On November 17, 2021, Commerce released CBP data on imports of SAP
from Korea under Administrative Protective Order (APO) to all parties
with access to information protected by APO and indicated that
interested parties wishing to comment on CBP data must do so within
three business days of the publication date of the notice of initiation
of this investigation.\35\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\35\ See Memorandum, ``Antidumping Duty Petition on Certain
Superabsorbent Polymers from the Republic of Korea: Release of U.S.
Customs and Border Protection Data,'' dated November 17, 2021.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="http://enforcement.trade.gov/apo">http://enforcement.trade.gov/apo</a>.
Comments must be filed electronically using ACCESS. An
electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of Korea via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that subject imports are materially injuring or threatening
material injury to a U.S. industry.\36\ A negative ITC determination
will result in the investigation being terminated.\37\ Otherwise, this
AD investigation will proceed according to statutory and regulatory
time limits.
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\36\ See section 733(a) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \38\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\39\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of the AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning
extensions prior to submitting extension requests or factual
information in this investigation.\40\
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\40\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
<a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
[[Page 67919]]
submitting party does not comply with the applicable certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 22, 2021.
Ryan Majerus,
Deputy Assistant Secretary, for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is superabsorbent
polymers (SAP), which is cross-linked sodium polyacrylate most
commonly conforming to Chemical Abstracts Service (CAS) registry
number 9003-04-7, where at least 90 percent of the dry matter, by
weight on a nominal basis, corrected for moisture content, is
comprised of a polymer with a chemical formula of
(C<INF>3</INF>H<INF>3</INF>O<INF>2</INF>Na<INF>x</INF>H<INF>1-x</INF>
)<INF>n</INF>, where x is within a range of 0.00-1.00 and there is
no limit to n. The subject merchandise also includes merchandise
with a chemical formula of
{(C<INF>2</INF>H<INF>3</INF>)COONa<INF>y</INF>H(<INF>1-y</INF>){time}
<INF>n</INF>, where y is within a range of 0.00-1.00 and there is no
limit to n. The subject merchandise includes SAP which is fully
neutralized as well as SAP that is not fully neutralized.
The subject merchandise may also conform to CAS numbers 25549-
84-2, 77751-27-0, 9065-11-6, 9033-79-8, 164715-58-6, 445299-36-5,
912842-45-6, 561012-86-0, 561012-85-9, or 9003-01-4.
All forms and sizes of SAP, regardless of packaging type,
including but not limited to granules, pellets, powder, fibers,
flakes, liquid, or gel are within the scope of this investigation.
The scope also includes SAP whether or not it incorporates additives
for anticaking, anti-odor, anti-yellowing, or similar functions.
The scope also includes SAP that is combined, commingled, or
mixed with other products after final sieving. For such combined
products, only the SAP component is covered by the scope of this
investigation. SAP that has been combined with other products is
included within the scope, regardless of whether the combining
occurs in third countries. A combination is excluded from this
investigation if the total SAP component of the combination
(regardless of the source or sources) comprises less than 50 percent
of the combination, on a nominal dry weight basis.
SAP is classified under the Harmonized Tariff Schedule of the
United States (HTSUS) subheading 3906.90.5000. SAP may also enter
the United States under HTSUS 3906.90.9000 or 3906.10.0000. Although
the HTSUS subheadings and CAS registry numbers are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
[FR Doc. 2021-26017 Filed 11-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.