Certain Superabsorbent Polymers from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain superabsorbent polymers (SAP) from the Republic of Korea (Korea). The period of review (POR) is June 7, 2022, through November 30, 2023. Commerce preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by LG Chem, Ltd. (LGC) during the POR. Interested Parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 67 (Wednesday, April 9, 2025)</title>
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[Federal Register Volume 90, Number 67 (Wednesday, April 9, 2025)]
[Notices]
[Pages 15228-15230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06102]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
superabsorbent polymers (SAP) from the Republic of Korea (Korea). The
period of review (POR) is June 7, 2022, through November 30, 2023.
Commerce preliminarily determines that sales of subject merchandise
have not been made below normal value (NV) by LG Chem, Ltd. (LGC)
during the POR. Interested Parties are invited to comment on these
preliminary results.
DATES: Applicable April 9, 2025.
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 December 1, 2023, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the AD
order on SAP from Korea.\1\ On February 8, 2024, based on timely
requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of the order.\2\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\3\ On August 21, 2024, we extended the deadline for the
preliminary results of this review to
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January 3, 2025.\4\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by 90 days to April 3,
2025.\5\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 83917 (December
1, 2023).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8461 (February 8, 2024) (Initiation
Notice); see also 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, 90 FR
302 (January 3, 2025) (Order).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
21, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Antidumping Duty Administrative Review on
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 Order
The merchandise subject to the Order is SAP from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
constructed export price in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix 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>.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following estimated weighted-average dumping margin exists for the
period June 7, 2022, through November 30, 2023:
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Weighted-average
Exporter/producer dumping margin
(percent)
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LG Chem, Ltd........................................ 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties 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 the Federal Register,
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\7\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\8\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\9\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\7\ See 19 CFR 351.309.
\8\ See 19 CFR 351.309(d)(1); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in the respective case briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\13\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\13\ See 19 CFR 351.303.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because LGC reported the entered
value for all of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either LGC's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by LGC for which it did
not know that the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\14\
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\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not covered by this review, the cash deposit
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the less-than-fair-value (LTFV) investigation, but the manufacturer
is, the cash deposit rate will be the rate established for the most
recent segment for the manufacturer of the merchandise; and (4) the
cash deposit rate for all other manufacturers and/or exporters will
continue to be 26.05 percent, the all-others rate established in the
LTFV investigation.\15\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: April 2, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-06102 Filed 4-8-25; 8:45 am]
BILLING CODE 3510-DS-P
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