4th Tier Cigarettes From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Negative Determination of Critical Circumstances, 79994-79996 [2020-27308]

Download as PDF 79994 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices in the Public Health Data Communication Infrastructure System Fund plus the provision for the operating balance less any Greenbook costs (i.e., costs of USDA support services prorated to the service component for which fees are charged) that are not related to food inspection by the previous fiscal year’s total hours (regular, overtime, and holiday) worked across all funds, plus the quotient multiplied by the calendar year’s percentage of inflation. The calculation for the 2021 overhead rate per hour per program employee is: [FY 2020 Total Overhead/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($ 390,719,959/ 17,848,090)] = $21.89 + ($21.89 * 2.3% (2020 Inflation) = $22.39. Allowance for Bad Debt Rate = Previous fiscal year’s total allowance for bad debt (for example, debt owed that is not paid in full by plants and establishments that declare bankruptcy) divided by previous fiscal year’s total hours (regular, overtime, and holiday) worked. The 2021 calculation for bad debt rate per hour per program employee is: [FY 2020 Total Bad Debt/(Total Regular hours + Total Overtime hours + Total Holiday hours) = ($49,837/ 17,848,090)] = $0.00. 2021 Electronic Export Application Fee The 2021 Electronic Export Application Fee: Labor Cost ($560,901.60+ ($337,369))+ IT Cost ($1,414,285.60+$0) 576,192 = $4.01 As published in the 2016 final rule, the Electronic Export Application Fee Formula is: Labor Cost (Technical Support + Export Library Maintenance) + IT Cost (Ongoing Operations and Maintenance + eAuthentication) Number of Export Applications jbell on DSKJLSW7X2PROD with NOTICES The 2021 electronic export application fee remains unchanged since 2019. FSIS stated in the 2016 final rule (81 FR 42225) and the 2017 Federal Register notice (FR 82 42056) that it would update and recalculate the fee based on the best available estimates for costs and number of applications; however, the number of export applications (the denominator in the formula) cannot be accurately assessed until a majority of countries are included in the export component. Therefore, because a majority of countries are not yet included in the PHIS Export component, the cost estimates and projected export applications in the final rule remain the best estimate for 2021, leaving the electronic export application fee unchanged. Additional Public Notification FSIS will make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Constituent Update is available on the FSIS web page. Through the web page, FSIS can provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts. USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. How to File a Complaint of Discrimination Frm 00005 Fmt 4703 Sfmt 4703 Done at Washington, DC. Paul Kiecker, Administrator. [FR Doc. 2020–27347 Filed 12–10–20; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–905] 4th Tier Cigarettes From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that 4th tier cigarettes from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI), October 1, 2018 through September 30, 2019. The final weighted-average dumping margins are listed below in the section entitled ‘‘Final Determination.’’ DATES: Applicable December 11, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at https:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250–9410, Fax: (202) 690–7442. Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), PO 00000 should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: Background On July 22, 2020, Commerce published the Preliminary Determination in this investigation, and invited interested parties to comment on our findings.1 The petitioner in this investigation is the Coalition Against Korean Cigarettes.2 The mandatory respondent subject to this investigation is KT&G Corporation (KT&G). A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The POI is October 1, 2018 through September 30, 2019. Scope of the Investigation The products covered by this investigation are 4th tier cigarettes from Korea. For a complete description of the scope of this investigation, see Appendix I. jbell on DSKJLSW7X2PROD with NOTICES Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised 1 See 4th Tier Cigarettes from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 85 FR 44281 (July 22, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 The members of the Coalition Against Korean Cigarettes are Xcaliber International and Cheyenne International. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of 4th Tier Cigarettes from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice as Appendix II. Verification Commerce normally verifies information relied upon in making its final determination, pursuant to section 782(i)(1) of the Tariff Act of 1930 amended (the Act). However, during the course of this investigation, we were unable to conduct verification.4 Pursuant to section 776(a)(2)(D) of the Act, in situations where information has been provided but the information cannot be verified, Commerce will use ‘‘facts otherwise available’’ in reaching the applicable determination. Accordingly, we relied on facts available in making our final determination. Changes Since the Preliminary Determination Based on our analysis of the comments received, we made no changes to the scope of the merchandise under investigation but made one change to the margin calculation for KT&G since the Preliminary Determination. For a discussion of this change, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero, de minimis, or any margins determined entirely under section 776 of the Act. Commerce calculated a weightedaverage dumping margin for KT&G, the only individually examined exporter/ producer in this investigation, that is above de minimis. We have assigned KT&G’s margin to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Exporter/producer All Others .................................... 79995 Weightedaverage dumping margin (percent) 5.48 Disclosure We intend to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of all appropriate entries of 4th tier cigarettes, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after July 22, 2020, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, Commerce will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price as follows: (1) For KT&G, the cash deposit rate will be equal to the weighted-average dumping margin determined in this final determination; (2) if KT&G is the producer, but not the exporter, then the cash deposit rate will be equal 5.48 percent; and (3) the cash deposit rate for all other producers and exporters will be 5.48 percent. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in Final Determination accordance with section 735(b)(2) of the The final weighted-average dumping Act, the ITC will make its final margins are as follows: determination as to whether the Weighted- domestic industry in the United States is materially injured, or threatened with average Exporter/producer dumping material injury, by reason of imports, or margin sales (or the likelihood of sales) for (percent) importation of 4th tier cigarettes no later KT&G Corporation ...................... 5.48 than 45 days after our final determination. If the ITC determines that material injury or threat of material 4 See Memorandum, ‘‘Cancellation of injury does not exist, the proceeding Verification,’’ dated October 21, 2020. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 79996 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: December 4, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix I Scope of the Investigation The merchandise covered by this investigation is certain tobacco cigarettes, commonly referred to as ‘‘4th tier cigarettes.’’ The subject cigarettes are composed of a tobacco blend rolled in paper, have a nominal minimum total length of 7.0 cm but do not exceed 12.0 cm in total nominal length, and have a nominal diameter of less than 1.3 cm. These sizes of cigarettes are frequently referred to as ‘‘Kings’’ and ‘‘100’s,’’ but subject merchandise that meets the physical description of the scope is included regardless of the marketing description of the size of the cigarettes. Subject merchandise typically has a tobacco blend that consists of 10% or more tobacco stems. Subject merchandise is typically sold in packs of 20 cigarettes per pack which generally includes the marking ‘‘20 Class A Cigarettes’’ but are included regardless of packaging. 4th tier cigarette packages are typically sold in boxes without a rounded internal corner and without embossed aluminum foil inside the pack. Both menthol and non-menthol cigarettes and cigarettes with or without a filter attached are covered by the scope of this investigation. Merchandise covered by this investigation is currently classified in the Harmonized VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 Tariff Schedule of the United States (HTSUS) under subheading 2402.20.8000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues General Issues Comment 1: Whether 4th Tier Cigarettes are a Distinct Domestic Like Product Comment 2: Whether the Petition Established Industry Support to Initiate the Investigation Comment 3: Whether Commerce Clarified the Scope of the Investigation for Proper Product Comparisons Comment 4: Whether Commerce Correctly Determined Negative Critical Circumstances KT&G Calculation Issues Comment 5: Whether Commerce Should Deduct Korean Taxes in the Normal Value (NV) Calculation Comment 6: Whether Commerce should include KT&G’s sales to Non-Korean Military Forces in Home Market sales Comment 7: Whether Commerce’s level of trade (LOT) adjustment in place of a constructed export price (CEP) Offset was in accordance with law Comment 8: Whether KT&G unlawfully deducted U.S. Taxes from KT&G’s U.S. Price Comment 9: Whether Commerce Erred in the Rate It Selected to Compute KT&G USA’s Imputed Credit Expenses and Inventory Carrying Costs Comment 10: Whether Commerce Erred in its Treatment of REBATE4U, REBATE5U, and REBATE6U Comment 11: Whether Commerce Improperly Assumed Certain Returns Were Billing Adjustments in the U.S. Market Comment 12: Whether Commerce Improperly Classified KT&G’s Repacking Costs as a Selling Expense VI. Recommendation [FR Doc. 2020–27308 Filed 12–10–20; 8:45 am] forged steel fluid end blocks (fluid end blocks) from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation October 1, 2018 through September 30, 2019. DATES: Applicable December 11, 2020. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0665 or (202) 482–3477, respectively. SUPPLEMENTARY INFORMATION: Background On July 23, 2020, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of fluid end blocks from Italy, in which we also postponed the final determination until December 7, 2020.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are fluid end blocks from Italy. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–840] Forged Steel Fluid End Blocks From Italy: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1 See Forged Steel Fluid End Blocks from Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 44500 (July 23, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Forged Steel Fluid End Blocks from Italy,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ’’ Forged Steel Fluid End Blocks from the Federal Republic of Germany, India, Italy, and the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated May 18, 2020 (Preliminary Scope Decision Memorandum). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 79994-79996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27308]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-905]


4th Tier Cigarettes From the Republic of Korea: Final Affirmative 
Determination of Sales at Less Than Fair Value, and Final Negative 
Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that 4th tier 
cigarettes from the Republic of Korea (Korea) are being, or are likely 
to be, sold in the United States at less than fair value (LTFV) during 
the period of investigation (POI), October 1, 2018 through September 
30, 2019. The final weighted-average dumping margins are listed below 
in the section entitled ``Final Determination.''

DATES: Applicable December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401

[[Page 79995]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3936.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2020, Commerce published the Preliminary Determination 
in this investigation, and invited interested parties to comment on our 
findings.\1\ The petitioner in this investigation is the Coalition 
Against Korean Cigarettes.\2\ The mandatory respondent subject to this 
investigation is KT&G Corporation (KT&G). A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See 4th Tier Cigarettes from the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, and Preliminary Negative Determination of Critical 
Circumstances, 85 FR 44281 (July 22, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ The members of the Coalition Against Korean Cigarettes are 
Xcaliber International and Cheyenne International.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of 4th Tier Cigarettes from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is 
available 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 Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. 
The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Period of Investigation

    The POI is October 1, 2018 through September 30, 2019.

Scope of the Investigation

    The products covered by this investigation are 4th tier cigarettes 
from Korea. For a complete description of the scope of this 
investigation, see Appendix I.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Verification

    Commerce normally verifies information relied upon in making its 
final determination, pursuant to section 782(i)(1) of the Tariff Act of 
1930 amended (the Act). However, during the course of this 
investigation, we were unable to conduct verification.\4\ Pursuant to 
section 776(a)(2)(D) of the Act, in situations where information has 
been provided but the information cannot be verified, Commerce will use 
``facts otherwise available'' in reaching the applicable determination. 
Accordingly, we relied on facts available in making our final 
determination.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Cancellation of Verification,'' dated 
October 21, 2020.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made no changes 
to the scope of the merchandise under investigation but made one change 
to the margin calculation for KT&G since the Preliminary Determination. 
For a discussion of this change, see the Issues and Decision 
Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero, de minimis, or any margins determined entirely 
under section 776 of the Act.
    Commerce calculated a weighted-average dumping margin for KT&G, the 
only individually examined exporter/producer in this investigation, 
that is above de minimis. We have assigned KT&G's margin to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
KT&G Corporation............................................        5.48
All Others..................................................        5.48
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of the publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of 4th tier 
cigarettes, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after July 
22, 2020, the date of publication of the Preliminary Determination of 
this investigation in the Federal Register.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the amount by which the normal value exceeds the U.S. price as 
follows: (1) For KT&G, the cash deposit rate will be equal to the 
weighted-average dumping margin determined in this final determination; 
(2) if KT&G is the producer, but not the exporter, then the cash 
deposit rate will be equal 5.48 percent; and (3) the cash deposit rate 
for all other producers and exporters will be 5.48 percent. These 
suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of 4th tier cigarettes no later 
than 45 days after our final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding

[[Page 79996]]

will be terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury or threat of material injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise, entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: December 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is certain tobacco 
cigarettes, commonly referred to as ``4th tier cigarettes.'' The 
subject cigarettes are composed of a tobacco blend rolled in paper, 
have a nominal minimum total length of 7.0 cm but do not exceed 12.0 
cm in total nominal length, and have a nominal diameter of less than 
1.3 cm. These sizes of cigarettes are frequently referred to as 
``Kings'' and ``100's,'' but subject merchandise that meets the 
physical description of the scope is included regardless of the 
marketing description of the size of the cigarettes. Subject 
merchandise typically has a tobacco blend that consists of 10% or 
more tobacco stems.
    Subject merchandise is typically sold in packs of 20 cigarettes 
per pack which generally includes the marking ``20 Class A 
Cigarettes'' but are included regardless of packaging. 4th tier 
cigarette packages are typically sold in boxes without a rounded 
internal corner and without embossed aluminum foil inside the pack.
    Both menthol and non-menthol cigarettes and cigarettes with or 
without a filter attached are covered by the scope of this 
investigation.
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 2402.20.8000. This HTSUS subheading is 
provided for convenience and customs purposes; the written 
description of the scope of the investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    General Issues
    Comment 1: Whether 4th Tier Cigarettes are a Distinct Domestic 
Like Product
    Comment 2: Whether the Petition Established Industry Support to 
Initiate the Investigation
    Comment 3: Whether Commerce Clarified the Scope of the 
Investigation for Proper Product Comparisons
    Comment 4: Whether Commerce Correctly Determined Negative 
Critical Circumstances
    KT&G Calculation Issues
    Comment 5: Whether Commerce Should Deduct Korean Taxes in the 
Normal Value (NV) Calculation
    Comment 6: Whether Commerce should include KT&G's sales to Non-
Korean Military Forces in Home Market sales
    Comment 7: Whether Commerce's level of trade (LOT) adjustment in 
place of a constructed export price (CEP) Offset was in accordance 
with law
    Comment 8: Whether KT&G unlawfully deducted U.S. Taxes from 
KT&G's U.S. Price
    Comment 9: Whether Commerce Erred in the Rate It Selected to 
Compute KT&G USA's Imputed Credit Expenses and Inventory Carrying 
Costs
    Comment 10: Whether Commerce Erred in its Treatment of REBATE4U, 
REBATE5U, and REBATE6U
    Comment 11: Whether Commerce Improperly Assumed Certain Returns 
Were Billing Adjustments in the U.S. Market
    Comment 12: Whether Commerce Improperly Classified KT&G's 
Repacking Costs as a Selling Expense
VI. Recommendation

[FR Doc. 2020-27308 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.