[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34647-34648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12192]



[[Page 34647]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-914]


Certain Superabsorbent Polymers From the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain superabsorbent polymers (SAP) 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 October 1, 2020, through September 30, 2021. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable June 7, 2022.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Elfi Blum, 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) 482-3979 or (202) 482-0197, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 
30, 2021.\1\ On March 28, 2022, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now May 
31, 2022.\2\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included 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.
---------------------------------------------------------------------------

    \1\ See Certain Superabsorbent Polymers from the Republic of 
Korea: Initiation of Less-Than-Fair Value Investigation, 87 FR 67915 
(November 30, 2021) (Initiation Notice).
    \2\ See Superabsorbent Polymers from the Republic of Korea: 
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 87 FR 17270 (March 28, 2022).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Superabsorbent Polymers from the Republic of Korea'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is SAP from Korea. For a 
complete description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record, and accompanying 
discussion and analysis of all comments timely received, see the 
Preliminary Scope Decision Memorandum.\6\ Commerce invited parties to 
comment on the Preliminary Scope Decision Memorandum. We intend to 
address the comments and issue a decision regarding the scope of this 
investigation after this preliminary determination. See the revised 
scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Certain Superabsorbent Polymers from the 
Republic of Korea: Preliminary Scope Decision,'' dated April 29, 
2022 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all 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 investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for LG Chem, Ltd. (LGC), the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for LGC is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
LG Chem, Ltd................................................       28.74
All Others..................................................       28.74
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 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 respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary 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. These suspension of liquidation 
instructions will remain in effect until further notice.

[[Page 34648]]

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary 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 in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments 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 may be submitted seven days after 
the date that case briefs are due.\7\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) a 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. Commerce has modified certain of its requirements 
for serving documents containing business proprietary information until 
further notice.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309.
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    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, 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, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On May 27, 2022, pursuant to 19 CFR 351.210(e), LGC requested that 
Commerce postpone the final determination and that provisional measures 
be extended to a period not to exceed six months.\9\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) the preliminary determination is affirmative; (2) the requesting 
exporter(s) account(s) for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \9\ See LGC's Letter, ``Certain Superabsorbent Polymers from the 
Republic of Korea: Request for Postponement of Final Determination 
and Extension of Provisional Measures Period,'' dated May 27, 2022.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 these imports 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 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: May 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is 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 (C3H3O2NaxH1-x)n, 
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 {(C2H3)COONayH(1-y){time} n, 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, antiyellowing, 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 3906.90.5000. SAP may also enter 
the United States under HTSUS 3906.10.0000. Although the HTSUS 
subheadings and CAS registry numbers are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-12192 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P