Certain Superabsorbent Polymers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 65035-65037 [2022-23427]
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
Initiation Memorandum, the
information provided by the domestic
interested parties warrants initiating
this circumvention inquiry on a
country-wide basis. Commerce has
taken this approach in prior
circumvention inquiries, where the facts
warranted initiation on a country-wide
basis.18
Consistent with the approach in the
prior circumvention inquiries that were
initiated on a country-wide basis,
Commerce intends to issue
questionnaires to solicit information
from producers and exporters in China
concerning shipments of Chinese
cutting deck shells (attached to at least
one significant non-engine component)
to the United States to be attached to
internal combustion engines and
assembled or completed into lawn
mowers in the United States. A
company’s failure to respond
completely to Commerce’s requests for
information may result in the
application of partial or total facts
available, pursuant to section 776(a) of
the Act, which may include adverse
inferences, pursuant to section 776(b) of
the Act.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of the initiation
of this circumvention inquiry and direct
CBP to continue the suspension of
liquidation of entries of products subject
to the circumvention inquiry that were
already subject to the suspension of
liquidation under the Orders and to
apply the cash deposit rate that would
be applicable if the products were
determined to be covered by the scope
of the Orders. Should Commerce issue
preliminary or final circumvention
determination, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)–(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(a) of the Act, Commerce
18 See, e.g., Certain Corrosion-Resistant Steel
Products from the Republic of Korea and Taiwan:
Initiation of Anti- Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders,
83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of
China: Initiation of Anti-Circumvention Inquiry on
the Antidumping Duty Order, 82 FR 40556, 40560
(August 25, 2017) (stating at initiation that
Commerce would evaluate the extent to which a
country-wide finding applicable to all exports
might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders, 81 FR 79454, 79458 (November 14, 2016)
(stating at initiation that Commerce would evaluate
the extent to which a country-wide finding
applicable to all exports might be warranted).
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16:55 Oct 26, 2022
Jkt 259001
determines that the MTD’s request for
this circumvention inquiry satisfies the
requirements of 19 CFR 351.226(c).
Accordingly, Commerce is notifying all
interested parties of the initiation of this
circumvention inquiry to determine
whether certain lawn mowers
assembled in the United States with
Chinese cutting deck shells (attached to
at least one significant non-engine
component) and internal combustion
engines, are circumventing the Orders.
In addition, we included a description
of the product that is the subject of this
inquiry, and an explanation of the
reasons for Commerce’s decision to
initiate this inquiry as provided above
and in the accompanying
Circumvention Initiation Memorandum.
In accordance with 19 CFR
351.226(e)(1), Commerce intends to
issue its preliminary determination no
later than 150 days from the date of
publication of the notice of initiation of
this circumvention inquiry in the
Federal Register.
This notice is published in
accordance with section 781(a) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: October 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the
Circumvention Initiation Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Statutory and Regulatory Framework for
Circumvention Inquiries
VI. Statutory Analysis for a Circumvention
Inquiry
VII. Whether Process of Assembly or
Completion is Minor or Insignificant
VIII. Additional Factors to Consider in
Determining Whether a Circumvention
Inquiry is Warranted
IX. Comments on the Initiation of the
Circumvention Inquiry
X. Country-Wide Circumvention Inquiry
XI. Recommendation
[FR Doc. 2022–23440 Filed 10–26–22; 8:45 am]
BILLING CODE 3510–DS–P
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65035
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–914]
Certain Superabsorbent Polymers
From the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain superabsorbent polymers (SAP)
from the Republic of Korea (Korea) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is October 1, 2020, through
September 30, 2021.
DATES: Applicable October 27, 2022.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo or Elfi Blum, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3979 or
(202) 482–0197, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 7, 2022, Commerce published
in the Federal Register its preliminary
affirmative determination in the LTFV
investigation of SAP from Korea, in
which it also postponed the final
determination until October 20, 2022.1
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 SAP from Korea. For a
complete description of the scope of this
investigation, see appendix I.
1 See Certain Superabsorbent Polymers from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and
extension of Provisional Measures, 87 FR 34647
(June 7, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination in the Less-Than-FairValue Investigation of Certain Superabsorbent
Polymers from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\27OCN1.SGM
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65036
Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
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 Memorandum,4 which
we addressed in a Final Scope Decision
Memorandum.5 Commerce is not
modifying the scope language as it
appeared in the correction to the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and additional
information obtained since the
Preliminary Determination, we made
certain changes to the margin
calculation for this final determination.
For a discussion of these changes, 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
Analysis of Comments Received
established for individually-investigated
exporters and producers, excluding
All issues raised in the case and
rates that are zero, de minimis, or
rebuttal briefs submitted by interested
determined entirely under section 776
parties in this investigation are
of the Act, i.e., facts otherwise available.
addressed in the Issues and Decision
In this investigation, Commerce
Memorandum. A list of the issues
calculated an individual estimated
addressed in the Issues and Decision
weighted-average dumping margin for
Memorandum is attached to this notice
LGC, the only individually-examined
as appendix II. The Issues and Decision
exporter/producer in this investigation.
Memorandum is a public document and Because the only individually
is on file electronically via Enforcement calculated dumping margin is not zero,
and Compliance’s Antidumping and
de minimis, or based entirely on facts
Countervailing Duty Centralized
otherwise available, the estimated
Electronic Service System (ACCESS).
weighted-average dumping margin
ACCESS is available to registered users
calculated for LGC is the margin
at https://access.trade.gov. In addition, a assigned to all other producers and
complete version of the Issues and
exporters, pursuant to section
Decision Memorandum can be accessed 735(c)(5)(A) of the Act.
directly at https://access.trade.gov/
Final Determination
public/FRNoticesListLayout.aspx.
Commerce determines that the
Verification
following estimated weighted-average
dumping margins exist for the period
Commerce conducted verification of
October 1, 2020, through September 30,
the information relied upon in making
2021:
its final determination in this
khammond on DSKJM1Z7X2PROD with NOTICES
investigation, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
Commerce conducted on-site
verifications of the home market sales,
U.S. sales, and cost of production
responses submitted by LG Chem, Ltd.
(LGC) and its U.S. affiliate, LG Chem
America Inc.
3 See Memorandum, ‘‘Certain Superabsorbent
Polymers from the Republic of Korea: Preliminary
Scope Decision,’’ dated April 29, 2022, (Preliminary
Scope Decision Memorandum).
4 See LGC’s Letter, ‘‘Superabsorbent Polymers
from the Republic of Korea: LGC’s Scope Brief,’’
dated May 9, 2022; see also Ad Hoc Coalition of
American SAP Producers’ (Petitioner) Letter,
‘‘Certain Superabsorbent Polymers from the
Republic of Korea—Petitioner’s Scope Rebuttal
Brief,’’ dated May 16, 2022.
5 See Memorandum, ‘‘Superabsorbent Polymers
from the Republic of Korea: Final Scope Decision
Memorandum,’’ dated concurrently with, and
hereby adopted by, this notice (Final Scope
Memorandum).
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16:55 Oct 26, 2022
Jkt 259001
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of subject
merchandise, as described in appendix
I of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after June 7, 2022,
the date of publication of the
Preliminary Determination in the
Federal Register. This suspension of
liquidation instructions will remain in
effect until further notice.
Pursuant to sections 735(c)(1)(B)(ii)
and 735(c)(5)(A) of the Act and 19 CFR
351.210(d), upon the publication of this
notice, we will instruct CBP to require
a cash deposit for estimated
antidumping duties for such entries as
follows: (1) the cash deposit rate for the
respondent listed in the table above is
the company-specific estimated
weighted-average dumping margin
determined in this final determination;
(2) if the exporter is not identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
the producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be the all-others
estimated weighted-average dumping
margin listed above.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final determination of sales at LTFV.
Because the final determination in this
investigation 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
Estimated
weightedis materially injured, or threatened with
average
material injury, by reason of imports or
Exporter/producer
dumping
sales (or the likelihood of sales) for
margin
importation of SAP no later than 45
(percent)
days after this final determination. If the
LG Chem, Ltd ...........................
17.64 ITC determines that such injury does
All Others ..................................
17.64 not exist, this proceeding will be
terminated, all cash deposits posted will
Disclosure
be refunded, and suspension of
liquidation will be lifted. If the ITC
Commerce intends to disclose its
determines that such injury does exist,
calculations and analysis performed to
Commerce will issue an antidumping
interested parties in this final
duty order directing CBP to assess, upon
determination within five days of any
further instruction by Commerce,
public announcement or, if there is no
antidumping duties on all imports of the
public announcement, within five days
subject merchandise entered, or
of the date of publication of this notice,
withdrawn from warehouse, for
in accordance with 19 CFR 351.224(b).
consumption on or after the effective
Continuation of Suspension of
date of the suspension of liquidation, as
Liquidation
discussed in the ‘‘Continuation of
In accordance with section
Suspension of Liquidation’’ section
735(c)(1)(B) of the Act, Commerce will
above.
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
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
written 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: October 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is superabsorbent polymers
(SAP), which is cross-linked sodium
polyacrylate most commonly conforming to
Chemical Abstracts Service (CAS) registry
number 9003–04–7, where at least 90 percent
of the dry matter, by weight on a nominal
basis, corrected for moisture content, is
comprised of a polymer with a chemical
formula of (C3H3O2NaxH1-x)n, where x is
within a range of 0.00–1.00 and there is no
limit to n. The subject merchandise also
includes merchandise with a chemical
formula of {(C2H3)COONayH(1-y)}n, where y is
within a range of 0.00–1.00 and there is no
limit to n. The subject merchandise includes
SAP which is fully neutralized as well as
SAP that is not fully neutralized.
The subject merchandise may also conform
to CAS numbers 25549–84–2, 77751–27–0,
9065–11–6, 9033–79–8, 164715–58–6,
445299–36–5, 912842–45–6, 561012–86–0,
561012–85–9, or 9003–01–4.
All forms and sizes of SAP, regardless of
packaging type, including but not limited to
granules, pellets, powder, fibers, flakes,
liquid, or gel are within the scope of this
investigation. The scope also includes SAP
whether or not it incorporates additives for
anticaking, anti-odor, anti-yellowing, or
similar functions.
The scope also includes SAP that is
combined, commingled, or mixed with other
products after final sieving. For such
combined products, only the SAP component
is covered by the scope of this investigation.
SAP that has been combined with other
products is included within the scope,
regardless of whether the combining occurs
in third countries. A combination is excluded
from this investigation if the total SAP
component of the combination (regardless of
the source or sources) comprises less than 50
percent of the combination, on a nominal dry
weight basis.
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16:55 Oct 26, 2022
Jkt 259001
SAP is classified under the Harmonized
Tariff Schedule of the United States (HTSUS)
subheading 3906.90.5000. SAP may also
enter the United States under HTSUS
3906.10.0000. Although the HTSUS
subheadings and CAS registry numbers are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes from the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Model Match and Product
Characteristics
Comment 2: Contract Prices for
International and U.S. Inland Freight
Comment 3: Affiliated Party U.S. Freight
Costs
Comment 4: Foreign Exchange Gains and
Losses
Comment 5: Impairment Losses
Comment 6: Depreciation of Non-operating
Assets and Inventory Valuation Losses
Comment 7: Constructed Export Price
(CEP) Offset
VI. Recommendation
[FR Doc. 2022–23427 Filed 10–26–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC468]
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 77 Highly
Migratory Species (HMS) Hammerhead
Sharks Assessment Webinar VI.
AGENCY:
The SEDAR 77 assessment of
the Atlantic stock of hammerhead
sharks will consist of a stock
identification (ID) process, data
webinars/workshop, a series of
assessment webinars, and a review
workshop. See SUPPLEMENTARY
INFORMATION.
SUMMARY:
The SEDAR 77 HMS
Hammerhead Sharks Assessment
Webinar VI has been scheduled for
Wednesday, November 16, 2022, from
12 p.m. to 3 p.m., eastern time. The
established times may be adjusted as
necessary to accommodate the timely
completion of discussion relevant to the
DATES:
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65037
assessment process. Such adjustments
may result in the meeting being
extended from or completed prior to the
time established by this notice.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Registration for
the webinar is available by contacting
the SEDAR coordinator via email at
Kathleen.Howington@safmc.net.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405;
www.sedarweb.org.
FOR FURTHER INFORMATION CONTACT:
Kathleen Howington, SEDAR
Coordinator, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone: (843) 571–4371; email:
Kathleen.Howington@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
population conditions, and recommends
research and monitoring needs. The
assessment is independently peer
reviewed at the Review Workshop. The
product of the Review Workshop is a
summary documenting panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
Highly Migratory Species Management
Division, and Southeast Fisheries
Science Center. Participants include:
data collectors and database managers;
stock assessment scientists, biologists,
and researchers; constituency
representatives including fishermen,
environmentalists, and nongovernmental organizations (NGOs);
international experts; and staff of
E:\FR\FM\27OCN1.SGM
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Agencies
[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65035-65037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23427]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain superabsorbent polymers (SAP) from the Republic of Korea
(Korea) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
October 1, 2020, through September 30, 2021.
DATES: Applicable October 27, 2022.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Elfi Blum, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3979 or (202) 482-0197,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2022, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of SAP
from Korea, in which it also postponed the final determination until
October 20, 2022.\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\
---------------------------------------------------------------------------
\1\ See Certain Superabsorbent Polymers from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination and extension of
Provisional Measures, 87 FR 34647 (June 7, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Less-Than-Fair-Value Investigation of Certain
Superabsorbent Polymers from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are SAP from Korea. For
a complete description of the scope of this investigation, see appendix
I.
[[Page 65036]]
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\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Certain Superabsorbent Polymers from the
Republic of Korea: Preliminary Scope Decision,'' dated April 29,
2022, (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
We received comments from interested parties on the Preliminary
Scope Decision Memorandum,\4\ which we addressed in a Final Scope
Decision Memorandum.\5\ Commerce is not modifying the scope language as
it appeared in the correction to the Preliminary Determination. See
Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------
\4\ See LGC's Letter, ``Superabsorbent Polymers from the
Republic of Korea: LGC's Scope Brief,'' dated May 9, 2022; see also
Ad Hoc Coalition of American SAP Producers' (Petitioner) Letter,
``Certain Superabsorbent Polymers from the Republic of Korea--
Petitioner's Scope Rebuttal Brief,'' dated May 16, 2022.
\5\ See Memorandum, ``Superabsorbent Polymers from the Republic
of Korea: Final Scope Decision Memorandum,'' dated concurrently
with, and hereby adopted by, this notice (Final Scope Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as appendix II. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verifications of the home
market sales, U.S. sales, and cost of production responses submitted by
LG Chem, Ltd. (LGC) and its U.S. affiliate, LG Chem America Inc.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since the Preliminary Determination, we made
certain changes to the margin calculation for this final determination.
For a discussion of these changes, 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 rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for LGC, the only individually-examined
exporter/producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for LGC is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
LG Chem, Ltd............................................... 17.64
All Others................................................. 17.64
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties 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 publication of this notice, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after June 7, 2022, the date of
publication of the Preliminary Determination in the Federal Register.
This suspension of liquidation instructions will remain in effect until
further notice.
Pursuant to sections 735(c)(1)(B)(ii) and 735(c)(5)(A) of the Act
and 19 CFR 351.210(d), upon the publication of this notice, we will
instruct CBP to require a cash deposit for estimated antidumping duties
for such entries as follows: (1) the cash deposit rate for the
respondent listed in the table above is the company-specific estimated
weighted-average dumping margin determined in this final determination;
(2) if the exporter is not 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 the producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be the all-others estimated weighted-
average dumping margin listed above.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final
determination of sales at LTFV. Because the final determination in this
investigation 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 SAP no later than 45 days after
this final determination. If the ITC determines that such injury does
not exist, this proceeding will be terminated, all cash deposits posted
will be refunded, and suspension of liquidation will be lifted. If the
ITC determines that such 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, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
[[Page 65037]]
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 written
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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: October 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is superabsorbent
polymers (SAP), which is cross-linked sodium polyacrylate most
commonly conforming to Chemical Abstracts Service (CAS) registry
number 9003-04-7, where at least 90 percent of the dry matter, by
weight on a nominal basis, corrected for moisture content, is
comprised of a polymer with a chemical formula of
(C3H3O2NaxH1-x
)n, where x is within a range of 0.00-1.00 and there is
no limit to n. The subject merchandise also includes merchandise
with a chemical formula of
{(C2H3)COONayH(1-y){time}
n, where y is within a range of 0.00-1.00 and there is no
limit to n. The subject merchandise includes SAP which is fully
neutralized as well as SAP that is not fully neutralized.
The subject merchandise may also conform to CAS numbers 25549-
84-2, 77751-27-0, 9065-11-6, 9033-79-8, 164715-58-6, 445299-36-5,
912842-45-6, 561012-86-0, 561012-85-9, or 9003-01-4.
All forms and sizes of SAP, regardless of packaging type,
including but not limited to granules, pellets, powder, fibers,
flakes, liquid, or gel are within the scope of this investigation.
The scope also includes SAP whether or not it incorporates additives
for anticaking, anti-odor, anti-yellowing, or similar functions.
The scope also includes SAP that is combined, commingled, or
mixed with other products after final sieving. For such combined
products, only the SAP component is covered by the scope of this
investigation. SAP that has been combined with other products is
included within the scope, regardless of whether the combining
occurs in third countries. A combination is excluded from this
investigation if the total SAP component of the combination
(regardless of the source or sources) comprises less than 50 percent
of the combination, on a nominal dry weight basis.
SAP is classified under the Harmonized Tariff Schedule of the
United States (HTSUS) subheading 3906.90.5000. SAP may also enter
the United States under HTSUS 3906.10.0000. Although the HTSUS
subheadings and CAS registry numbers are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes from the Preliminary Determination
V. Discussion of the Issues
Comment 1: Model Match and Product Characteristics
Comment 2: Contract Prices for International and U.S. Inland
Freight
Comment 3: Affiliated Party U.S. Freight Costs
Comment 4: Foreign Exchange Gains and Losses
Comment 5: Impairment Losses
Comment 6: Depreciation of Non-operating Assets and Inventory
Valuation Losses
Comment 7: Constructed Export Price (CEP) Offset
VI. Recommendation
[FR Doc. 2022-23427 Filed 10-26-22; 8:45 am]
BILLING CODE 3510-DS-P