Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34647 

1See Certain Superabsorbent Polymers from the 

Republic of Korea: Initiation of Less-Than-Fair 

Value Investigation, 87 FR 67915 (November 30, 

2021) (Initiation Notice). 

2See Superabsorbent Polymers from the Republic 

of Korea: Postponement of Preliminary 

Determination in the Less-Than-Fair-Value 

Investigation, 87 FR 17270 (March 28, 2022). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Superabsorbent 

Polymers from the Republic of Korea’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

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

5See Initiation Notice. 

6See Memorandum, ‘‘Certain Superabsorbent 

Polymers from the Republic of Korea: Preliminary 

Scope Decision,’’ dated April 29, 2022 (Preliminary 

Scope Decision Memorandum). 

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. 

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. 

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 weightedaverage 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 weightedaverage dumping margins exist: 

Exporter/producer 

Estimated 

weightedaverage 

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 allothers rate, as follows: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific 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 weightedaverage dumping margin established for 

that producer of the subject 

merchandise. These suspension of 

liquidation instructions will remain in 

effect until further notice. 


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34648 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

7See 19 CFR 351.309. 

8See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

9See 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. 

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

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. 

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)}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 


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