Notice2026-10520
Certain Monomers and Oligomers from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
Primary source
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Published
May 27, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain monomers and oligomers (monomers and oligomers) 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 January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31415-31418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10520]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-921]
Certain Monomers and Oligomers from the Republic of Korea: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain monomers and oligomers (monomers and oligomers) 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 January 1, 2024, through December 31, 2024.
DATES: Applicable May 27, 2026.
FOR FURTHER INFORMATION CONTACT: Peter Shaw or Sun Cho, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6458 or (202) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2026, Commerce published the Preliminary
Determination in this investigation and postponed the final
determination to no later than 135 days after the date of publication
of the Preliminary Determination.\1\ Accordingly, the deadline for this
final determination is now May 20, 2026. We invited interested parties
to comment on the Preliminary Determination.\2\ On February 6, 2026,
Commerce published the Amended Preliminary Determination in this
investigation.\3\
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\1\ See Certain Monomers and Oligomers from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, and Postponement of Final Determination, and
Extension of Provisional Measures, 91 FR 244 (January 5, 2026)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Id.
\3\ See Certain Monomers and Oligomers from the Republic of
Korea: Amended Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 91 FR 5429 (February 6, 2026) (Amended
Preliminary Determination).
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\4\
The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Monomers and Oligomers from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are monomers and
oligomers from Korea. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verification of the sales and
cost information submitted by Green Chemical Co., Ltd. (Green Chemical)
and Miwon Specialty Chemical Co., Ltd. (Miwon).\5\ We used standard
[[Page 31416]]
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by Green
Chemical and Miwon.
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\5\ See Memoranda, ``Verification of the Sales Responses of
Green Chemical,'' dated April 3, 2026; ``Verification of the Sales
Responses of Miwon Specialty Chemical Co., Ltd.,'' dated April 3,
2026; ``Verification of the Sales Responses of Miwon North America,
Inc.,'' dated April 3, 2026; ``Verification of the Cost Response of
Green Chemical Co. Ltd. and Green Life Science Co., Ltd.,'' dated
April 6, 2026; ``Verification of the Cost Response of Miwon
Specialty Chemical Co., Ltd.,'' dated April 10, 2026; ``Verification
of the Cost Response of Miwon Specialty Chemical Co., Ltd.,'' dated
April 10, 2026; and ``Verification of the Cost Response of Miwon
Specialty Chemical Co., Ltd.,'' dated May 13, 2026.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues addressed in the
Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
We made certain changes since the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
Consistent with the Preliminary Determination, Commerce continues
to find, pursuant to sections 776(a) and (b) of the Act, that the use
of facts otherwise available, with adverse inferences (AFA), is
warranted in determining the estimated weighted-average dumping rate
for Kukdo Chemicals Co., Ltd. (Kukdo Chemicals). For this final
determination, there is no new information on the record that would
cause us to reconsider our preliminary decision.\6\ As AFA, we are
assigning a rate of 155.42 percent to Kukdo Chemicals.\7\ For a full
description of the methodology underlying Commerce's final
determination, see the Issues and Decision Memorandum.
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\6\ See Preliminary Determination PDM at ``Application of Facts
Available and Use of Adverse Inferences.''
\7\ The rate we are assigning as AFA changed from the
Preliminary Determination. For a detailed discussion of this issue
see the Issues and Decision Memorandum at ``Application of Facts
Available and Use of Adverse Inference''.
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As discussed in the Issues and Decision Memorandum, Commerce finds,
pursuant to sections 776(a) and (b) of the Act, that the use of AFA is
warranted in determining the estimated weighted-average dumping margin
for Miwon.\8\ As AFA, we assigned the rate of 155.42 percent to
Miwon.\9\ For a full description of the methodology underlying
Commerce's final determination, see the Issues and Decision Memorandum.
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\8\ See Issues and Decision Memorandum at Comment 1.
\9\ Id.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for all other 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 examined,
excluding rates that are zero, de minimis, or determined entirely under
section 776 of the Act. In this investigation, Commerce calculated an
individual estimated weighted-average dumping margin for Green
Chemical. Because Green Chemical's dumping margin is the only
individually calculated dumping margin that is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Green Chemical is the margin
assigned to all other producers and exporters.\10\
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\10\ See, e.g., Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
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Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist for imports
of the subject merchandise from Korea produced and/or exported by Green
Chemical and Kukdo Chemicals pursuant to sections 735(a)(3)(A) and (B)
of the Act, and 19 CFR 351.206. In addition, as a result of our
application of AFA for Miwon, we find that critical circumstances exist
for imports of the subject merchandise from Korea produced and/or
exported by Miwon and all other producers and/or exporters.\11\
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\11\ See Issues and Decision Memorandum at ``Final Affirmative
Determination of Critical Circumstances.''
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period January 1, 2024, through December
31, 2024:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Green Chemical Co., Ltd.; Green Life Science \12\........... 65.72
Miwon Specialty Chemical Co., Ltd........................... * 155.42
Kukdo Chemicals Co. Ltd..................................... * 155.42
All Others.................................................. 65.72
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* Rate is based on facts available with adverse inferences.
Disclosure
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\12\ Commerce preliminarily determined that Green Chemical Co.,
Ltd. and Green Life Science should be collapsed and treated as a
single entity. See, e.g., Preliminary Determination, 91 FR at 245.
We received no comments on this preliminary determination; thus, we
continue to treat Green Chemical Co., Ltd. and Green Life Science as
a single entity for the purposes of this final determination.
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Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final 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 of final determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because Commerce received no comments
on the Preliminary Determination regarding Green Chemical, it is
adopting the Preliminary Determination as the final determination for
Green Chemical in this investigation. Consequently, there are no new
calculations to disclose for Green Chemical. Because Commerce applied
an AFA rate based solely on the Petition to the other individually
examined company in this investigation, Miwon, in accordance with
section 776 of the Act, there are no calculations to disclose for
Miwon.\13\
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\13\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Monomers
and Oligomers from the Republic of Korea and Taiwan,'' dated March
27, 2025 (Petition); see also Checklist, ``AD Investigation
Initiation Checklist,'' dated April 16, 2025; see also Petitioner's
Letter, ``Response to Volume IV Supplemental Questions,'' dated
April 4, 2025, at Exhibit Supp-IV-3.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after January 5, 2026, the date of
publication of the Preliminary Determination in the Federal Register.
Because we determine
[[Page 31417]]
that critical circumstances exist with respect to Green Chemical, Kukdo
Chemicals, Miwon, and all other producers and/or exporters, we will
instruct CBP to suspend such entries on or after October 7, 2025, which
is 90 days prior to the date of the publication of the Preliminary
Determination in the Federal Register. Pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate,
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 respondent listed
above will be equal to the company-specific estimated weighted-average
dumping margin determined in this final 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; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of monomers and oligomers from Korea no later than 45
days after this final determination. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded or
canceled, and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an AD order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Suspension of Liquidation'' section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: May 20, 2026.
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 I
Scope of the Investigation
The products subject to this investigation are certain
multifunctional acrylate and methacrylate monomers, and acrylated
bisphenol-A epoxy based oligomers (collectively, certain monomers
and oligomers or CMOs) that are derived from chemical reactions
involving the use of acrylic or methacrylic acid. Products within
the scope are listed below and have the following Chemical Abstracts
Service (CAS) numbers:
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CAS No. Description Molecular formula
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109-16-0..................... Triethylene glycol dimethacrylate (TEGDMA)..... C14H22O6
13048-33-4................... 1,6-hexanediol diacrylate (HDDA)............... C12H18O4
42978-66-5................... Tripropylene glycol diacrylate (TPGDA)......... C15H24O6
3290-92-4.................... Trimethylolpropane trimethacrylate (TMPTMA).... C18H26O6
15625-89-5................... Trimethylolpropane triacrylate (TMPTA)......... C15H20O6
28961-43-5................... Ethoxylated trimethylol-propane triacrylate (C2H4O)n(C2H4O)n(C2H4O)nC15H20O6
(EOTMPTA).
57472-68-1................... Dipropylene glycol diacrylate (DPGDA).......... C12H18O5
55818-57-0................... Bisphenol-A-epichlorohydrin copolymer acrylate (C15H16O2.C3H5ClO)x.xC3H4O2
(EPOXY ACRYLATE).
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The monomers are generally known as multifunctional acrylates
(MFAs) or multifunctional methacrylates (MFMAs) depending on whether
the functional groups are acrylate or methacrylate. The monomers
generally contain stabilizers/inhibitors, which include but are not
limited to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy
Toluene. The monomers are either difunctional or trifunctional
(having 2 or 3 functional groups/molecule), have viscosities of 9 to
15 centipoise (cPs) at 25 degrees Celsius (if difunctional) or 44 to
110 cPs at 25 degrees Celsius (if trifunctional), have
(meth)acrylate equivalent weights (molecular weight per number of
functional groups) between 99 and 158 and molecular weights between
226 and 472 grams per mol.
The acrylated bisphenol-A epoxy based oligomer is commonly
referred to as epoxy acrylate or acrylated epoxy. In contrast to
epoxy resin, the main characteristic of the epoxy acrylate oligomer
is that it contains acrylate functional groups which make them
curable by free-radical polymerization. The epoxy acrylate has a
molecular weight between 508 to 536 grams per mol and a viscosity of
2400 to 3600 cPs at 65 degrees Celsius. The epoxy acrylate generally
contains stabilizers/inhibitors, which include but are not limited
to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy Toluene.
Certain monomers and oligomers are subject to the scope even if
an in-scope monomer or oligomer is blended or mixed with one or more
other in-scope monomers or oligomers.
Certain monomers and oligomers in any blend or mixture are also
subject to the scope, so long as the blend or mixture contains no
less than 20 percent by weight of in-scope CMOs.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing, or removing ingredients, or
performing any other processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
subject country.
The scope also includes CMOs that are commingled, mixed or
blended with in-scope product from sources not subject to these
investigations.
Only the subject component(s) of such blends, mixtures or
commingled products described above is covered by the scope of these
investigations. Subject merchandise contained in a blended, mixed or
commingled product described above will not have undergone a
chemical reaction as a result of being blended, mixed or commingled.
Notwithstanding the above, specifically excluded from the scope
are downstream products, including but not limited to, inks,
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coatings and overprint varnishes. For purposes of this exclusion,
the downstream product requires only the application of energy to be
cured, e.g., inks or varnish applied to packaging, coatings applied
to wood flooring, etc. The energy source required to cure the
downstream product to its substrate can be thermal, ultraviolet
radiation, visible light, electron beam radiation, or infrared
radiation.
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
2916.12.5050, 2916.14.2050, 3824.99.2900, 3907.29.0000 and
3907.30.0000. Subject merchandise may also be entered under
subheadings 2916.12.1000 and 3824.99.9397. The HTSUS subheadings and
CAS registry numbers are provided for convenience and customs
purposes only; the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Affirmative Determination of Critical Circumstances
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Issues
Comment 1: Whether to Apply Total Adverse Facts Available to
Miwon
Comment 2: Whether Commerce Should Include U.S. Sales of
Products Further Processed in a Third Country
Comment 3: Whether Commerce Should Include U.S. Sales of
Products Further Processed in the United States
Comment 4: Whether Commerce Should Grant Miwon a Constructed
Export Price Offset
Comment 5: Whether to Use Miwon's Reported U.S. Credit and
Inventory Carrying Expenses
Comment 6: Whether to Revise Miwon's Reported Home Market Credit
Expenses
Comment 7: Whether to Revise Miwon's Reported U.S. Indirect
Selling Expenses
Comment 8: Whether to Revise Miwon's Reported Rebates
Comment 9: Whether to Incorporate Miwon's Minor Corrections from
the Sales Verification
Comment 10: Whether to Revise Certain of Miwon's Reported Dates
of Sale
Comment 11: Whether to Exclude Miwon's Reported Sales of Non-
Subject Merchandise
Comment 12: Whether to Clarify Miwon's Reported Sales of Subject
Merchandise from the Verification Report
Comment 13: Whether to Adjust Miwon's General & Administrative
Expense Ratio
Comment 14: Whether to Clarify Certain Information from the Cost
Verification Report
VII. Recommendation
[FR Doc. 2026-10520 Filed 5-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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