Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74889 

1See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Initiation of Countervailing Duty 

Investigations, 89 FR 33319 (April 29, 2024) 

(Initiation Notice). 

2See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 89 FR 46016 (May 28, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Certain Epoxy 

Resins from India,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

6See Initiation Notice. 

7See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

Taiwan, and Thailand: Postponement of 

Preliminary Determinations in the Less-Than-FairValue Investigations, 89 FR 65583 (August 12, 2024) 

(LTFV Prelim Postponement). 

8The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See sections 776(a) and (b) of the Act. 

11See Petitioner’s Letter, ‘‘Petitioner’s Request to 

Align Countervailing Duty Investigation Final 

Determination with Antidumping Duty 

Investigation Final Determination,’’ dated August 

15, 2024. The petitioner is the U.S. Epoxy Resin 

Producers Ad Hoc Coalition. 

12See LTFV Prelim Postponement. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–927] 

Certain Epoxy Resins From India: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain 

epoxy resins (epoxy resins) from India 

for the period of investigation (POI) 

January 1, 2023, through December 31, 

2023. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Eliza DeLong or Colin Thrasher, 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) 482–3878 or (202) 482–6458, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this countervailing 

duty (CVD) investigation on April 29, 

2024.1 On May 28, 2024, Commerce 

postponed the preliminary 

determination until September 3, 2024.2

On July 22, 2024, Commerce tolled 

certain deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 9, 

2024. 

For a complete description of events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed 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 https://access.trade.

gov. In addition, a complete version of 

the Preliminary Decision Memorandum 

can be accessed directly at https://

access.trade.gov/public/FRNotices

ListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are epoxy resins. For a 

complete description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).6

We received several comments 

concerning the scope of this 

investigation, as well as in the 

companion less-than-fair-value (LTFV) 

and CVD investigations of epoxy resins, 

as it appeared in the Initiation Notice. 

We are currently evaluating the scope 

comments filed by the interested 

parties. We intend to issue our 

preliminary decision regarding the 

scope of the LTFV and CVD 

investigations in the preliminary 

determinations of the companion LTFV 

investigations, the deadline for which is 

November 6, 2024.7 We will incorporate 

the scope decisions from the LTFV 

investigations into the scope of the final 

CVD determination for this investigation 

after considering any relevant comments 

submitted in scope case and rebuttal 

briefs.8

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.9

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that 

Champion Advanced Materials 

(Champion) did not act to the best of its 

ability to respond to Commerce’s 

requests for information, Commerce has 

drawn an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.10 For a full 

description of the methodology 

underlying our preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination with the final 

determination in the companion LTFV 

investigation of epoxy resins from India 

based on a request made by the 

petitioner.11 Consequently, the final 

CVD determination will be issued on 

the same date as the final LTFV 

determination, which is currently 

scheduled to be issued no later than 

January 21, 2025, unless postponed.12

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that, in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 

In this investigation, Commerce 

preliminarily assigned a rate based 

entirely on facts available to Champion. 


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74890 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

13See 19 CFR 351.309(d); 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). 

14See 19 CFR 351.309(c)(2) and (d)(2). 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See APO and Service Final Rule, 88 FR at 

67069. 

17See 19 CFR 351.310(d). 

Therefore, the only rate that is not zero, 

de minimis or based entirely on facts 

otherwise available is the rate calculated 

for Atul Limited (Atul). Consequently, 

the rate calculated for Atul is also 

assigned as the rate for all-other 

producers and exporters. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Atul Limited ........................... 1.55 

Champion Advanced Materials .................................... * 113.83 

All Others .............................. 1.55 

* Rate based on an adverse inference. 

Suspension of Liquidation 

In accordance with sections 

703(d)(1)(B) and (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 the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with this 

preliminary determination within five 

days of its 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). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination for Atul. Because 

Champion did not respond to 

Commerce’s request for information in a 

timely manner, and Commerce 

preliminarily determines that Champion 

failed to cooperate by not acting to the 

best of its ability to respond to 

Commerce’s request for information 

pursuant to section 776(b) of the Act, 

Commerce does not intend to conduct 

verification of Champion’s information. 

Public Comment 

All interested parties will have the 

opportunity to submit scope case and 

rebuttal briefs on the preliminary 

decision regarding the scope of the 

LTFV and CVD investigations. The 

deadlines to submit scope case and 

rebuttal briefs will be provided in the 

preliminary scope decision 

memorandum. For all scope case and 

rebuttal briefs, parties must file 

identical documents simultaneously on 

the records of the ongoing LTFV and 

CVD epoxy resins investigations. No 

new factual information or business 

proprietary information may be 

included in either scope case or rebuttal 

briefs. 

Case briefs or other written comments 

on non-scope issues 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, 

limited to issues raised in the case 

briefs, may be filed not later than five 

days after the date for filing case 

briefs.13 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.14

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 brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.15 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 determination in this investigation. 

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).16

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 via ACCESS 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, and 

a list of the issues to be discussed. Oral 

presentations at the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing.17 Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its 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 imports of epoxy 

resins from India 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 

703(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: September 9, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise subject to this 

investigation is fully or partially uncured 

epoxy resins, also known as epoxide resins, 

polyepoxides, oxirane resins, ethoxyline 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74891 

1See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Initiation of Countervailing Duty 

Investigations, 89 FR 33319 (April 29, 2024) 

(Initiation Notice). 

2See Certain Epoxy Resins from the People’s 

Republic of China, India, the Republic of Korea, 

and Taiwan: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 89 FR 46061 (May 28, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Certain Epoxy 

Resins from the People’s Republic of China,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

resins, diglycidyl ether of bisphenol, 

(chloromethyl)oxirane, or aromatic 

diglycidyl, which are polymers or 

prepolymers containing epoxy groups (i.e., 

three-membered ring structures comprised of 

two carbon atoms and one oxygen atom). 

Epoxy resins range in physical form from low 

viscosity liquids to solids. All epoxy resins 

are covered by the scope of this investigation 

irrespective of physical form, viscosity, 

grade, purity, molecular weight, or molecular 

structure, and packaging. 

Epoxy resins may contain modifiers or 

additives, such as hardeners, curatives, 

colorants, pigments, diluents, solvents, 

thickeners, fillers, plasticizers, softeners, 

flame retardants, toughening agents, 

catalysts, Bisphenol F, and ultraviolet light 

inhibitors, so long as the modifier or additive 

has not chemically reacted so as to cure the 

epoxy resin or convert it into a different 

product no longer containing epoxy groups. 

Such epoxy resins with modifiers or 

additives are included in the scope where the 

epoxy resin component comprises no less 

than 30 percent of the total weight of the 

product. The scope also includes blends of 

epoxy resins with different types of epoxy 

resins, with or without the inclusion of 

modifiers and additives, so long as the 

combined epoxy resin component comprises 

at least 30 percent of the total weight of the 

blend. 

Epoxy resins that enter as part of a system 

or kit with separately packaged co-reactants, 

such as hardeners or curing agents, are 

within the scope. The scope does not include 

any separately packaged co-reactants that 

would not fall within the scope if entered on 

their own. 

The scope includes merchandise matching 

the above description that has been 

processed in a third country, including by 

commingling, diluting, introducing, or 

removing modifiers or additives, or 

performing any other processing that would 

not otherwise remove the merchandise from 

the scope of this investigation if performed 

in the subject country. 

The scope also includes epoxy resin that is 

commingled or blended with epoxy resin 

from sources not subject to these 

investigations. Only the subject component 

of such commingled products is covered by 

the scope of this investigation. 

Excluded from the scope are phenoxy 

resins, which are polymers with a weight 

greater than 11,000 Daltons, a Melt Flow 

Index (MFI) at 200 °C (392 °F) no less than 4 

grams and no greater than 70 grams per 10 

min, Glass-Transition Temperatures (Tg) no 

less than 80 °C (176 °F) and no greater than 

100 °C (212 °F), and which contain no epoxy 

groups other than at the terminal ends of the 

molecule. 

Excluded from the scope are certain paint 

and coating products, which are blends, 

mixtures, or other formulations of epoxy 

resin, curing agent, and pigment, in any form, 

packaged in one or more containers, wherein 

(1) the pigment represents a minimum of 10 

percent of the total weight of the product, (2) 

the epoxy resin represents a maximum of 80 

percent of the total weight of the product, 

and (3) the curing agent represents 5 to 40 

percent of the total weight of the product. 

Excluded from the scope are preimpregnated 

fabrics or fibers, often referred to as ‘‘prepregs,’’ which are composite materials 

consisting of fabrics or fibers (typically 

carbon or glass) impregnated with epoxy 

resin. 

This merchandise is currently classifiable 

under Harmonized Tariff Schedule of the 

United States (HTSUS) subheading 

3907.30.0000. Subject merchandise may also 

be entered under subheadings 3907.29.0000, 

3824.99.9397, 3214.10.0020, 2910.90.9100, 

2910.90.9000, 2910.90.2000, and 

1518.00.4000. The HTSUS subheadings 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. Injury Test 

IV. Diversification of India’s Economy 

V. Subsidies Valuation 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2024–20887 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–167] 

Certain Epoxy Resins From the 

People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination, Preliminary 

Affirmative Determination of Critical 

Circumstances, and Alignment of Final 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain 

epoxy resins (epoxy resins) from the 

People’s Republic of China (China) for 

the period of investigation (POI) January 

1, 2023, through December 31, 2023. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James, 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) 482–5305. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this countervailing 

duty (CVD) investigation on April 29, 

2024.1 On May 28, 2024, Commerce 

postponed the preliminary 

determination until September 3, 2024.2

On July 22, 2024, Commerce tolled 

certain deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 9, 

2024. 

For a complete description of events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed 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 https://access.

trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are epoxy resins. For a 

complete description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 


khammond on DSKJM1Z7X2PROD with NOTICES