Notice2024-31591
Certain Superabsorbent Polymers From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order
Primary source
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Published
January 3, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 17, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Ad Hoc Coalition of American SAP Producers v. United States, Court No. 23-00010, sustaining the U.S. Department of Commerce's (Commerce) final remand redetermination pertaining to the less-than-fair-value (LTFV) investigation of certain superabsorbent polymers (SAP) from the Republic of Korea (Korea) covering the period of investigation October 1, 2020, through September 30, 2021. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation, and that Commerce is amending the final determination and the resulting antidumping duty (AD) order with respect to the dumping margins assigned to LG Chem, Ltd. (LGC) and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 90 Issue 2 (Friday, January 3, 2025)</title>
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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Notices]
[Pages 302-303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31591]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers From the Republic of Korea:
Notice of Court Decision Not in Harmony With the Final Determination of
Antidumping Duty Investigation; Notice of Amended Final Determination;
Notice of Amended Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 17, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Ad Hoc Coalition of American SAP
Producers v. United States, Court No. 23-00010, sustaining the U.S.
Department of Commerce's (Commerce) final remand redetermination
pertaining to the less-than-fair-value (LTFV) investigation of certain
superabsorbent polymers (SAP) from the Republic of Korea (Korea)
covering the period of investigation October 1, 2020, through September
30, 2021. Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final determination in that
investigation, and that Commerce is amending the final determination
and the resulting antidumping duty (AD) order with respect to the
dumping margins assigned to LG Chem, Ltd. (LGC) and all other producers
and exporters of subject merchandise.
DATES: Applicable December 27, 2024.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2022, Commerce published its Final Determination in
the LTFV investigation of SAP from Korea.\1\ In its Final
Determination, Commerce revised the model match hierarchy of the
physical characteristics of the subject merchandise to use LGC's
proposed centrifugal retention capacity (CRC) characteristic reporting
of 4 g/g increments, and to include LGC's proposed two additional
characteristics (absorbency under pressure (AUP) and permeability
(PERM)) based on its finding that the alternative CRC increments and
inclusion of AUP and PERM were commercially significant.\2\ Commerce
subsequently published the AD order on SAP from Korea.\3\
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\1\ See Certain Superabsorbent Polymers From the Republic of
Korea: Final Determination of Sales at Less Than Fair Value, 87 FR
65035 (October 27, 2022) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See Final Determination IDM at 3-14.
\3\ See Certain Superabsorbent Polymers from the Republic of
Korea: Antidumping Duty Order, 87 FR 77794 (December 20, 2022).
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The Ad Hoc Coalition of American SAP Producers (Coalition) appealed
Commerce's Final Determination. On March 1, 2024, the CIT remanded the
Final Determination to Commerce to: (1) reconsider or further explain
the commercial significance of the characteristics adopted into
Commerce's model match hierarchy when compared to those adopted in the
preliminary determination, in particular narrower 4 g/g ranges for CRC,
as well as AUP and PERM, which the CIT held to be unsupported by
substantial evidence in the final determination; (2) further explain
whether and to what extent Commerce verified the alternative sales and
cost information upon which it relied in the final determination; and
(3) address the Coalition's concern that LGC's defined characteristics
created a possibility of manipulation, which could result in a
distorted dumping margin.\4\
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\4\ See Ad Hoc Coalition of American SAP Producers v. United
States, Court No. 23-00010, Slip Op. 24-26 (CIT March 1, 2024).
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In its final remand redetermination, issued in June 2024, Commerce
determined that there is no additional information on the record that
would support the finding that narrower 4 g/g ranges for CRC and the
inclusion of AUP and PERM are commercially significant and should be
included in the model match hierarchy.\5\ As a result, Commerce revised
the model match
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hierarchy to only include CRC in 6 g/g increments. Further, because
Commerce revised the model match hierarchy, it did not address the
CIT's concerns regarding whether Commerce sufficiently verified the
alternative cost and sales data upon which it relied in its final
determination or further consider the issue of potential manipulation
using the model match hierarchy put forth by LGC (i.e., including AUP,
PERM, and CRC at 4 g/g increments).\6\ The CIT sustained Commerce's
final redetermination.\7\
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\5\ See Final Results of Redetermination Pursuant to Court
Remand, The Ad Hoc Coalition of American SAP Producers v. United
States, Court No. 23-00010, Slip Op. 24-00026 (CIT March 1, 2024),
dated June 14, 2024.
\6\ Id.
\7\ See Ad Hoc Coalition of American SAP Producers v. United
States, Court No. 23-00010, Slip Op. 24-141 (CIT December 17, 2024).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's December 17,
2024, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to LGC and all other producers and
exporters as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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LG Chem, Ltd............................................ 26.05
All Others.............................................. 26.05
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Amended AD Order
Pursuant to section 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
weighted-average dumping margins assigned to LGC and all-other
producers and exporters of subject merchandise, as noted above.
Cash Deposit Requirements
Because LGC does not have a superseding cash deposit rate, i.e.,
there have been no final results published in a subsequent
administrative review, and because of the change to the rate assigned
to all other producers and exporters of subject merchandise, Commerce
will issue revised cash deposit instructions to U.S. Customs and Border
Protection.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31591 Filed 1-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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