Ultra-High Molecular Weight Polyethylene From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 63095-63097 [2020-22060]

Download as PDF Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices Mid Continent claimed interested party status under section 771(9)(C) of the Act as a producer of nails in the United States. On July 1, 2020, Commerce received adequate substantive responses to the notice of initiation from Mid Continent within the 30-day deadline specified in 19 CFR 351.218(d)(1)(i).3 We received no substantive responses from respondent interested parties with respect to any of the orders covered by these sunset reviews. On July 21, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.4 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120day) sunset reviews of the AD orders on nails from Korea, Malaysia, Taiwan, and Vietnam. khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Orders The merchandise covered by these orders is nails having a nominal shaft length not exceeding 12 inches.5 Merchandise covered by the orders is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Nails subject to these orders also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive.6 Malaysia, the Republic of China (‘‘Taiwan’’), and the Socialist Republic of Vietnam: Notice of Intent to Participate,’’ dated June 9, 2020. 3 See Mid Continent’s Letter, ‘‘Certain Steel Nails from the Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, and the Socialist Republic of Vietnam: Substantive Response to the Notice of Initiation of Sunset Reviews,’’ dated July 1, 2020. 4 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on June 1, 2020,’’ dated July 21, 2020. 5 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. 6 For a complete description of the scope of these orders, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Certain Steel Nails from the Republic of Korea, VerDate Sep<11>2014 17:52 Oct 05, 2020 Jkt 253001 Analysis of Comments Received A complete discussion of all issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the AD orders were revoked, is provided in the Issues and Decision Memorandum. 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 http:// access.trade.gov. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD orders on nails from Korea, Malaysia, Taiwan, and Vietnam would be likely to lead to the continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail is up to 11.80 percent for Korea, 39.35 percent for Malaysia, 2.24 percent for Taiwan, and 323.99 percent for Vietnam. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. Malaysia, Taiwan, and the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 63095 Dated: September 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues A. Likelihood of Continuation or Recurrence of Dumping B. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2020–22046 Filed 10–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–907] Ultra-High Molecular Weight Polyethylene From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) preliminarily determines that ultra-high molecular weight polyethylene (ultra-high polyethylene) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable October 6, 2020. Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798. FOR FURTHER INFORMATION CONTACT: 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 E:\FR\FM\06OCN1.SGM 06OCN1 63096 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices on March 31, 2020.1 On July 20, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now September 30, 2020.2 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://enforcement.trade.gov/frn/ summary/korea-south/korea-southfr.htm. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is ultra-high polyethylene from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments khammond on DSKJM1Z7X2PROD with NOTICES 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 and rebuttal comments submitted on the record for this investigation, see the Preliminary Decision Memorandum. Commerce has preliminarily modified the scope language as it appeared in the Initiation Notice. See revised scope in Appendix I to this notice. 1 See Ultra-High Molecular Weight Polyethylene from the Republic of Korea: Initiation of Less-ThanFair-Value Investigation, 85 FR 17861 (March 31, 2020) (Initiation Notice). 2 See Ultra-High Molecular Weight Polyethylene from the Republic of Korea: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 85 FR 43813 (July 20, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Ultra-High Molecular Weight Polyethylene from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 85 FR at 17862. VerDate Sep<11>2014 17:52 Oct 05, 2020 Jkt 253001 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Normal value 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 Korea Petrochemical Ind. Co., Ltd./KPIC Corporation (collectively, KPIC), the only individually examined exporter/producer in this investigation.6 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 KPIC 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: Estimated weightedaverage dumping margin (percent) 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 respondent listed above will be equal to the companyspecific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not the 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; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of the date of public announcement of this notice in accordance with 19 CFR 351.224(b). Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Korea Petrochemical Ind. Co., Compliance. Interested parties will be Ltd./KPIC Corporation ............. 7.80 notified of the timeline for the All Others .................................... 7.80 submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, 6 On September 2, 2020, Commerce determined to may be submitted no later than seven collapse Korea Petrochemical Ind. Co., Ltd. and KPIC Corporation and treat them as a single entity. days after the deadline date for case See Memorandum, ‘‘Antidumping Duty briefs.7 Pursuant to 19 CFR Investigation of Ultra-High Molecular Weight 351.309(c)(2) and (d)(2), parties who Polyethylene from the Republic of Korea: Korea Exporter/producer Petrochemical Ind. Co., Ltd. Preliminary Affiliation and Collapsing Memorandum,’’ dated September 2, 2020. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\06OCN1.SGM 06OCN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices 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. 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. Parties are reminded that briefs and hearing requests are to be filed electronically using ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 measures be extended to a period not to exceed six months.9 On September 8, 2020, the petitioner submitted a letter supporting KPIC’s request to postpone the final determination.10 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) KPIC accounts 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 by no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. Postponement of Final Determination Notification to Interested Parties 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 September 2, 2020, pursuant to 19 CFR 351.210(e), KPIC requested that Commerce postpone the final determination and that provisional 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). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 17:52 Oct 05, 2020 Jkt 253001 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. Dated: September 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by the scope is ultra-high molecular weight polyethylene. Ultra-high molecular weight polyethylene is a linear polyethylene, in granular or powder form is defined by its molecular weight, as defined by Margolie’s Equation, of greater than 1.0 × 106 g/mol. Ultra-high molecular weight polyethylene may also be defined by its melt mass-flow rate of <0.1 g/10 min, measured at 190 °C and 21.6 kg load, based 9 See KPIC’s Letter, ‘‘Ultra-High Molecular Weight Polyethylene from the Republic of Korea: Request to Postpone Final Determination and Extend Provisional Measures,’’ dated September 2, 2020. 10 See Petitioner’s Letter, ‘‘Petitioners {sic} for the Imposition of Antidumping Duties on Imports of Ultra-High Molecular Weight Polyethylene from the Republic of Korea: Petitioner’s Consent to Postponement of the Final Determination,’’ dated September 8, 2020. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 63097 on the methods and calculations set forth in the International Organization for Standardization (ISO) standards 21304–1 and 21304–2. Ultra-high molecular weight polyethylene has a Chemical Abstract Service (CAS) registry number of 9002–88–4. The scope includes all ultra-high molecular weight polyethylene in granular or powder forms meeting the above specifications regardless of additives introduced in the manufacturing process. Ultra-high molecular weight polyethylene blended with other products is included in the scope of this investigation where ultrahigh molecular weight polyethylene accounts for more than 50 percent, by actual weight, of the blend and the resulting blend maintains a molecular weight, as defined by Margolie’s Equation, of greater than 1.0 × 106 g/mol and/or a melt mass-flow rate of <0.1 g/10 min. Excluded from the scope of the investigation is medical-grade ultra-high molecular weight polyethylene. Medical grade ultra-high molecular weight polyethylene has a minimum viscosity of 2000 ml/g at a concentration of 0.02% at 135 °C (275 °F) in decahydronaphthalene and an elongational stress of 0.2 MPa or greater. Medical-grade ultra-high molecular weight polyethylene is further defined by its ash and trace element content, which shall not exceed the following maximum quantities as set forth in ISO–5834–1: Ash (125 mg/kg), titanium (40 mg/kg), calcium (5 mg/kg), chlorine (30 mg/kg), and aluminum (20 mg/ kg). ISO 5834–1 further defines medical grade ultra-high molecular weight polyethylene by its particulate matter content, which requires that there shall be no more than three particles of contaminant per 300 ± 20 g tested. Each of the above criteria is calculated based on the standards and methods used in ISO 5834–1. Ultra-high molecular weight polyethylene is classifiable under the HTSUS subheadings 3901.10.1000 and 3901.20.1000. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Discussion of the Methodology VI. Date of Sale VII. Product Comparisons VIII. Export Price IX. Normal Value X. Currency Conversion XI. Recommendation [FR Doc. 2020–22060 Filed 10–5–20; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63095-63097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22060]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-907]


Ultra-High Molecular Weight Polyethylene From the Republic of 
Korea: Preliminary Affirmative Determination of Sales at Less Than Fair 
Value

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that ultra-high molecular weight polyethylene (ultra-high polyethylene) 
from the Republic of Korea (Korea) is being, or is likely to be, sold 
in the United States at less than fair value. The period of 
investigation is January 1, 2019 through December 31, 2019. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

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

[[Page 63096]]

on March 31, 2020.\1\ On July 20, 2020, Commerce postponed the 
preliminary determination of this investigation, and the revised 
deadline is now September 30, 2020.\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://enforcement.trade.gov/frn/summary/korea-south/korea-south-fr.htm. The signed and electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Ultra-High Molecular Weight Polyethylene from the 
Republic of Korea: Initiation of Less-Than-Fair-Value Investigation, 
85 FR 17861 (March 31, 2020) (Initiation Notice).
    \2\ See Ultra-High Molecular Weight Polyethylene from the 
Republic of Korea: Postponement of Preliminary Determination in the 
Less-Than-Fair-Value Investigation, 85 FR 43813 (July 20, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Ultra-
High Molecular Weight Polyethylene from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is ultra-high 
polyethylene 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 and 
rebuttal comments submitted on the record for this investigation, see 
the Preliminary Decision Memorandum. Commerce has preliminarily 
modified the scope language as it appeared in the Initiation Notice. 
See 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, 85 FR at 17862.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export price in 
accordance with section 772(a) of the Act. Normal value 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 Korea Petrochemical Ind. Co., Ltd./KPIC Corporation 
(collectively, KPIC), the only individually examined exporter/producer 
in this investigation.\6\ 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 KPIC is the margin assigned to all other producers and 
exporters, pursuant to section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \6\ On September 2, 2020, Commerce determined to collapse Korea 
Petrochemical Ind. Co., Ltd. and KPIC Corporation and treat them as 
a single entity. See Memorandum, ``Antidumping Duty Investigation of 
Ultra-High Molecular Weight Polyethylene from the Republic of Korea: 
Korea Petrochemical Ind. Co., Ltd. Preliminary Affiliation and 
Collapsing Memorandum,'' dated September 2, 2020.
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Preliminary Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Korea Petrochemical Ind. Co., Ltd./KPIC Corporation.........        7.80
All Others..................................................        7.80
------------------------------------------------------------------------

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 respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not the 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.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of the date of public announcement of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of case briefs and 
written comments at a later date. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who

[[Page 63097]]

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.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\
---------------------------------------------------------------------------

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

Postponement of Final Determination

    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 September 2, 2020, pursuant to 19 CFR 351.210(e), KPIC requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\9\ On 
September 8, 2020, the petitioner submitted a letter supporting KPIC's 
request to postpone the final determination.\10\ 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) KPIC accounts 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 by no later than 135 days 
after the date of publication of this preliminary determination, 
pursuant to section 735(a)(2) of the Act.
---------------------------------------------------------------------------

    \9\ See KPIC's Letter, ``Ultra-High Molecular Weight 
Polyethylene from the Republic of Korea: Request to Postpone Final 
Determination and Extend Provisional Measures,'' dated September 2, 
2020.
    \10\ See Petitioner's Letter, ``Petitioners {sic{time}  for the 
Imposition of Antidumping Duties on Imports of Ultra-High Molecular 
Weight Polyethylene from the Republic of Korea: Petitioner's Consent 
to Postponement of the Final Determination,'' dated September 8, 
2020.
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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: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by the scope is ultra-high molecular 
weight polyethylene. Ultra-high molecular weight polyethylene is a 
linear polyethylene, in granular or powder form is defined by its 
molecular weight, as defined by Margolie's Equation, of greater than 
1.0 x 10\6\ g/mol. Ultra-high molecular weight polyethylene may also 
be defined by its melt mass-flow rate of <0.1 g/10 min, measured at 
190 [deg]C and 21.6 kg load, based on the methods and calculations 
set forth in the International Organization for Standardization 
(ISO) standards 21304-1 and 21304-2. Ultra-high molecular weight 
polyethylene has a Chemical Abstract Service (CAS) registry number 
of 9002-88-4.
    The scope includes all ultra-high molecular weight polyethylene 
in granular or powder forms meeting the above specifications 
regardless of additives introduced in the manufacturing process. 
Ultra-high molecular weight polyethylene blended with other products 
is included in the scope of this investigation where ultra-high 
molecular weight polyethylene accounts for more than 50 percent, by 
actual weight, of the blend and the resulting blend maintains a 
molecular weight, as defined by Margolie's Equation, of greater than 
1.0 x 10\6\ g/mol and/or a melt mass-flow rate of <0.1 g/10 min.
    Excluded from the scope of the investigation is medical-grade 
ultra-high molecular weight polyethylene. Medical grade ultra-high 
molecular weight polyethylene has a minimum viscosity of 2000 ml/g 
at a concentration of 0.02% at 135 [deg]C (275 [deg]F) in 
decahydronaphthalene and an elongational stress of 0.2 MPa or 
greater. Medical-grade ultra-high molecular weight polyethylene is 
further defined by its ash and trace element content, which shall 
not exceed the following maximum quantities as set forth in ISO-
5834-1: Ash (125 mg/kg), titanium (40 mg/kg), calcium (5 mg/kg), 
chlorine (30 mg/kg), and aluminum (20 mg/kg). ISO 5834-1 further 
defines medical grade ultra-high molecular weight polyethylene by 
its particulate matter content, which requires that there shall be 
no more than three particles of contaminant per 300  20 
g tested. Each of the above criteria is calculated based on the 
standards and methods used in ISO 5834-1.
    Ultra-high molecular weight polyethylene is classifiable under 
the HTSUS subheadings 3901.10.1000 and 3901.20.1000. Although the 
HTSUS subheadings and CAS registry number are provided for 
convenience and customs purposes, the written description of the 
scope is dispositive.

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

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2020-22060 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P