Notice2022-12192
Certain Superabsorbent Polymers From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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Published
June 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain superabsorbent polymers (SAP) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34647-34648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12192]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers From the Republic of Korea:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain superabsorbent polymers (SAP) from the Republic
of Korea (Korea) are being, or are likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is October 1, 2020, through September 30, 2021. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable June 7, 2022.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Elfi Blum, AD/CVD
Operations, Office VII, 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:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
30, 2021.\1\ On March 28, 2022, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now May
31, 2022.\2\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Certain Superabsorbent Polymers from the Republic of
Korea: Initiation of Less-Than-Fair Value Investigation, 87 FR 67915
(November 30, 2021) (Initiation Notice).
\2\ See Superabsorbent Polymers from the Republic of Korea:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 87 FR 17270 (March 28, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Superabsorbent Polymers from the Republic of Korea'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is SAP from Korea. For a
complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record, and accompanying
discussion and analysis of all comments timely received, see the
Preliminary Scope Decision Memorandum.\6\ Commerce invited parties to
comment on the Preliminary Scope Decision Memorandum. We intend to
address the comments and issue a decision regarding the scope of this
investigation after this preliminary determination. See the revised
scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Certain Superabsorbent Polymers from the
Republic of Korea: Preliminary Scope Decision,'' dated April 29,
2022 (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for LG Chem, Ltd. (LGC), the only individually examined
exporter/producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for LGC is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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LG Chem, Ltd................................................ 28.74
All Others.................................................. 28.74
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise. These suspension of liquidation
instructions will remain in effect until further notice.
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs may be submitted seven days after
the date that case briefs are due.\7\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Commerce has modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\8\
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\7\ See 19 CFR 351.309.
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On May 27, 2022, pursuant to 19 CFR 351.210(e), LGC requested that
Commerce postpone the final determination and that provisional measures
be extended to a period not to exceed six months.\9\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) the preliminary determination is affirmative; (2) the requesting
exporter(s) account(s) for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\9\ See LGC's Letter, ``Certain Superabsorbent Polymers from the
Republic of Korea: Request for Postponement of Final Determination
and Extension of Provisional Measures Period,'' dated May 27, 2022.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: May 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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 (C3H3O2NaxH1-x)n,
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 {(C2H3)COONayH(1-y){time} n, 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, antiyellowing, 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 3906.10.0000. Although the HTSUS
subheadings and CAS registry numbers are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-12192 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 7, 2022.
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