Notice2022-13680
Superabsorbent Polymers From South Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation
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Published
June 28, 2022
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1574 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of superabsorbent polymers from South Korea, provided for in subheadings 3906.90.50 and 3906.10.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38422-38423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13680]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1574 (Final)]
Superabsorbent Polymers From South Korea; Scheduling of the Final
Phase of an Antidumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1574 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of superabsorbent
polymers from South Korea, provided for in subheadings 3906.90.50 and
3906.10.00 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be sold at less-than-fair-value.
DATES: June 7, 2022.
FOR FURTHER INFORMATION CONTACT: Celia Feldpausch ((202) 205-2387),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of this investigation, Commerce has defined
the subject merchandise as 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 3906.90.50. SAP may also enter the
United States under HTSUS 3906.10.00. Although the HTSUS subheadings
and CAS registry numbers are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Background.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by Commerce that imports of superabsorbent polymers from
South Korea are being sold in the United States at less than fair value
within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigation was requested in a petition filed on November 2, 2021, by
the Ad Hoc Coalition of American SAP Producers, whose members include
BASF Corporation, Florham Park, New Jersey; Evonik Superabsorber LLC,
Greensboro, North Carolina; and Nippon Shokubai America Industries,
Inc., Pasadena, Texas.
For further information concerning the conduct of this phase of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party
[[Page 38423]]
that filed a notice of appearance during the preliminary phase of the
investigation need not file an additional notice of appearance during
this final phase. The Secretary will maintain a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to the investigation.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigation. A party granted access
to BPI in the preliminary phase of the investigation need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
this investigation will be placed in the nonpublic record on September
29, 2022, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on October 18,
2022. Information about the place and form of the hearing, including
about how to participate in and/or view the hearing, will be posted on
the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Interested parties should check the Commission's website
periodically for updates. Requests to appear at the hearing should be
filed in writing with the Secretary to the Commission on or before
October 12, 2022. A nonparty who has testimony that may aid the
Commission's deliberations may request permission to present a short
statement at the hearing. All parties and nonparties desiring to appear
at the hearing and make oral presentations should attend a prehearing
conference to be held at 9:30 a.m. on October 13, 2022. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 7, 2022. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
October 25, 2022. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the subject of the investigation,
including statements of support or opposition to the petition, on or
before October 25, 2022. On November 10, 2022, the Commission will make
available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before November 15, 2022, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the investigation
must be served on all other parties to the investigation (as identified
by either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-13680 Filed 6-27-22; 8:45 am]
BILLING CODE 7020-02-P
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