Ultra-High Molecular Weight Polyethylene From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 63095-63097 [2020-22060]
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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,
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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 https://
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 https://
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).
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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
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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.
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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.
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7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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).
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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.
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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
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]]>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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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\
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\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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.
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\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
