[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38422-38423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13680]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1574 (Final)]


Superabsorbent Polymers From South Korea; Scheduling of the Final 
Phase of an Antidumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1574 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of superabsorbent 
polymers from South Korea, provided for in subheadings 3906.90.50 and 
3906.10.00 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce (``Commerce'') 
to be sold at less-than-fair-value.

DATES: June 7, 2022.

FOR FURTHER INFORMATION CONTACT: Celia Feldpausch ((202) 205-2387), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.-- For purposes of this investigation, Commerce has defined 
the subject merchandise as 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 
(C<INF>3</INF>H<INF>3</INF>O<INF>2</INF>Na<INF>x</INF>H<INF>1-x</INF>)<INF>n,</INF>
 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 {(C<INF>2</INF>H<INF>3</INF>) 
COONa<INF>y</INF>H(<INF>1-y</INF>){time} <INF>n,</INF> 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, anti-yellowing, 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 3906.90.50. SAP may also enter the 
United States under HTSUS 3906.10.00. Although the HTSUS subheadings 
and CAS registry numbers are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.
    Background.--The final phase of this investigation is being 
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)), as a result of an affirmative preliminary 
determination by Commerce that imports of superabsorbent polymers from 
South Korea are being sold in the United States at less than fair value 
within the meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on November 2, 2021, by 
the Ad Hoc Coalition of American SAP Producers, whose members include 
BASF Corporation, Florham Park, New Jersey; Evonik Superabsorber LLC, 
Greensboro, North Carolina; and Nippon Shokubai America Industries, 
Inc., Pasadena, Texas.
    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party

[[Page 38423]]

that filed a notice of appearance during the preliminary phase of the 
investigation need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on September 
29, 2022, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on October 18, 
2022. Information about the place and form of the hearing, including 
about how to participate in and/or view the hearing, will be posted on 
the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the Commission's website 
periodically for updates. Requests to appear at the hearing should be 
filed in writing with the Secretary to the Commission on or before 
October 12, 2022. A nonparty who has testimony that may aid the 
Commission's deliberations may request permission to present a short 
statement at the hearing. All parties and nonparties desiring to appear 
at the hearing and make oral presentations should attend a prehearing 
conference to be held at 9:30 a.m. on October 13, 2022. Oral testimony 
and written materials to be submitted at the public hearing are 
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is October 7, 2022. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
October 25, 2022. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation, 
including statements of support or opposition to the petition, on or 
before October 25, 2022. On November 10, 2022, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before November 15, 2022, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: This investigation is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-13680 Filed 6-27-22; 8:45 am]
BILLING CODE 7020-02-P