Certain Superabsorbent Polymers From the Republic of Korea: Antidumping Duty Order, 77794-77796 [2022-27520]
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77794
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
entries of subject merchandise during
the PORs produced by Goodluck where
the company did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair-value (LTFV) investigation if there
is no rate for the intermediate
company(ies) involved in the
transaction.9
The final results of these reviews shall
be the basis for the assessment of AD
duties on entries of merchandise
covered by these reviews and the final
results of AR2 shall be the basis for
future deposits of estimated duties,
where applicable.10
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of these
reviews in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
these administrative reviews, as
provided by section 751(a)(2)(C) of the
Act: the cash deposit rate for
merchandise produced and exported by
Goodluck will be equal to the weightedaverage dumping margin established in
the final results of AR2, except if the
rate is de minimis (i.e., less than 0.50
percent), in which case the cash deposit
rate will be zero. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days of
public announcement of the preliminary
results or, if there is no public
announcement, within five days of the
date of publication of this notice.11
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See section 751(a)(2)(C) of the Act.
11 See 19 CFR 351.224(b).
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case briefs, may be filed not later than
seven days after the date for filing case
briefs.12 Parties who submit case briefs
or rebuttal briefs in this proceeding 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.13 Case and
rebuttal briefs should be filed using
ACCESS.14 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.15
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.16
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. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.17 Parties are reminded
that all briefs and hearing requests must
be filed electronically using ACCESS
and received successfully in their
entirety by 5:00 p.m. Eastern Time on
the due date. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.18 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless otherwise extended,
Commerce intends to issue the final
results of these administrative reviews,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
12 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See generally 19 CFR 351.303.
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310.
18 See 19 CFR 351.310(d).
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during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2022–27521 Filed 12–19–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–914]
Certain Superabsorbent Polymers
From the Republic of Korea:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty order on certain superabsorbent
polymers (SAP) from the Republic of
Korea (Korea).
DATES: Applicable December 20, 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) 482–3797 or
(202) 482–0197, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on October 27, 2022,
Commerce published its final
affirmative determination in the lessthan-fair-value (LTFV) investigation of
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
SAP from Korea.1 On December 8, 2022,
the ITC notified Commerce of its final
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of LTFV imports of SAP from
Korea.2
Scope of the Order
The products covered by this order
are SAP from Korea. For a complete
description of the scope of this order,
see the appendix to this notice.
lotter on DSK11XQN23PROD with NOTICES1
Antidumping Duty Order
On December 8, 2022, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of SAP from Korea.3
Therefore, in accordance with section
735(c)(2) of the Act, Commerce is
issuing this antidumping duty order.
Because the ITC determined that
imports of SAP from Korea are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Korea, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
affirmative determination, in
accordance with section 736(a)(1) of the
Act, Commerce will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by Commerce,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price or
constructed export price of the
merchandise, for all relevant entries of
SAP from Korea. Antidumping duties
will be assessed on unliquidated entries
of SAP from Korea entered, or
withdrawn from warehouse, for
consumption on or after June 7, 2022,
the date of publication of the
Preliminary Determination,4 but will
not include entries occurring after the
expiration of the provisional measures
1 See Certain Superabsorbent Polymers from the
Republic of Korea: Final Determination of Sales at
Less Than Fair Value, 87 FR 65035 (October 27,
2022) (Final Determination), and accompanying
Issues and Decision Memorandum.
2 See ITC’s Letter, ‘‘Notification of Final
Determination,’’ dated December 8, 2022.
3 Id.
4 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).
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18:41 Dec 19, 2022
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period and before publication of the
ITC’s final injury determination, as
further described below.
Continuation of Suspension of
Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 736 of the Act,
Commerce will instruct CBP to continue
to suspend liquidation of all relevant
entries of SAP from Korea, as described
in the Appendix to this notice, which
are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the ITC’s
notice of final determination in the
Federal Register. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins included in the table below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit Customs duties on
subject merchandise, a cash deposit
equal to the estimated weighted-average
dumping margins listed in the tables
below. The all-others rate applies to all
producers or exporters not specifically
listed.
77795
2022.5 Therefore, the extended
provisional measures period, beginning
on the date of publication of the
Preliminary Determination, ended on
December 3, 2022. Pursuant to section
737(b) of the Act, the collection of cash
deposits at the rates listed above will
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
736(a)(1) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of SAP from Korea, entered, or
withdrawn from warehouse, for
consumption on or after December 4,
2022, the first day provisional measures
were no longer in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.6 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.7 The Final Rule and
Procedural Guidance provide that
Estimated Weighted-Average Dumping
Commerce will maintain an annual
Margins
inquiry service list for each order or
suspended investigation, and any
The estimated weighted-average
interested party submitting a scope
dumping margins are as follows:
ruling application or request for
Estimated circumvention inquiry shall serve a
weighted- copy of the application or request on the
average
persons on the annual inquiry service
Exporter/Producer
dumping
list for that order, as well as any
margin
companion order covering the same
(percent)
merchandise from the same country of
LG Chem, Ltd .............................
17.64 origin.8 In accordance with the
All Others ....................................
17.64 Procedural Guidance, for orders
published in the Federal Register after
Provisional Measures
November 4, 2021, Commerce will
create an annual inquiry service list
Section 733(d) of the Act states that
suspension of liquidation pursuant to an segment in Commerce’s online e-filing
and document management system,
affirmative preliminary determination
Antidumping and Countervailing Duty
may not remain in effect for more than
four months, except that Commerce may Electronic Service System (ACCESS),
available at https://access.trade.gov,
extend the four-month period to no
within five business days of publication
more than six months at the request of
exporters representing a significant
5 See Preliminary Determination.
portion of exports of the subject
6 See Regulations to Improve Administration and
merchandise. At the request of an
Enforcement of Antidumping and Countervailing
exporter that accounts for a significant
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
proportion of SAP from Korea,
7 See Scope Ruling Application; Annual Inquiry
Commerce extended the four-month
Service List; and Informational Sessions, 86 FR
period to six months in the Preliminary
53205 (September 27, 2021) (Procedural Guidance).
Determination, published on June 7,
8 Id.
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77796
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 9
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
lotter on DSK11XQN23PROD with NOTICES1
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 10
Accordingly, as stated above, the
petitioner and Government of Korea
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for this order.
9 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
10 See Final Rule, 86 FR at 52335.
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18:41 Dec 19, 2022
Jkt 259001
Pursuant to 19 CFR 351.225(n)(3), the
petitioner and the Government of Korea
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioner and
the Government of Korea are
responsible for making amendments to
their entries of appearance during the
annual update to the annual inquiry
service list in accordance with the
procedures described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
SAP from Korea, pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Order
The merchandise covered by this order 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
order. 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 order. SAP
that has been combined with other products
is included within the scope, regardless of
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Fmt 4703
Sfmt 4703
whether the combining occurs in third
countries. A combination is excluded from
this order 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.
[FR Doc. 2022–27520 Filed 12–19–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC454]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Geophysical
Survey in the Ross Sea, Antarctica
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
U.S. National Science Foundation (NSF)
to incidentally harass marine mammals
during geophysical surveys in the Ross
Sea, Antarctica.
DATES: This authorization is effective
from December 15, 2022 through
December 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-nationalscience-foundation-office-polarprograms-geophysical. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77794-77796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27520]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-914]
Certain Superabsorbent Polymers From the Republic of Korea:
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the antidumping duty order on certain
superabsorbent polymers (SAP) from the Republic of Korea (Korea).
DATES: Applicable December 20, 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) 482-3797 or (202) 482-0197,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 27,
2022, Commerce published its final affirmative determination in the
less-than-fair-value (LTFV) investigation of
[[Page 77795]]
SAP from Korea.\1\ On December 8, 2022, the ITC notified Commerce of
its final affirmative determination that an industry in the United
States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of LTFV imports of SAP from
Korea.\2\
---------------------------------------------------------------------------
\1\ See Certain Superabsorbent Polymers from the Republic of
Korea: Final Determination of Sales at Less Than Fair Value, 87 FR
65035 (October 27, 2022) (Final Determination), and accompanying
Issues and Decision Memorandum.
\2\ See ITC's Letter, ``Notification of Final Determination,''
dated December 8, 2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are SAP from Korea. For a
complete description of the scope of this order, see the appendix to
this notice.
Antidumping Duty Order
On December 8, 2022, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act by reason of LTFV imports of SAP from Korea.\3\ Therefore, in
accordance with section 735(c)(2) of the Act, Commerce is issuing this
antidumping duty order. Because the ITC determined that imports of SAP
from Korea are materially injuring a U.S. industry, unliquidated
entries of such merchandise from Korea, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
As a result of the ITC's final affirmative determination, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of SAP from Korea.
Antidumping duties will be assessed on unliquidated entries of SAP from
Korea entered, or withdrawn from warehouse, for consumption on or after
June 7, 2022, the date of publication of the Preliminary
Determination,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of SAP from Korea, as described in the Appendix to this notice, which
are entered, or withdrawn from warehouse, for consumption on or after
the date of publication of the ITC's notice of final determination in
the Federal Register. These instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins included in the table
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit Customs duties on subject merchandise, a cash deposit
equal to the estimated weighted-average dumping margins listed in the
tables below. The all-others rate applies to all producers or exporters
not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/Producer dumping
margin
(percent)
------------------------------------------------------------------------
LG Chem, Ltd................................................ 17.64
All Others.................................................. 17.64
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant portion of exports of the subject
merchandise. At the request of an exporter that accounts for a
significant proportion of SAP from Korea, Commerce extended the four-
month period to six months in the Preliminary Determination, published
on June 7, 2022.\5\ Therefore, the extended provisional measures
period, beginning on the date of publication of the Preliminary
Determination, ended on December 3, 2022. Pursuant to section 737(b) of
the Act, the collection of cash deposits at the rates listed above will
begin on the date of publication of the ITC's final injury
determination.
---------------------------------------------------------------------------
\5\ See Preliminary Determination.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of SAP from Korea, entered, or withdrawn from
warehouse, for consumption on or after December 4, 2022, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC's final injury
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\6\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\7\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\8\ In accordance with the Procedural Guidance, for orders
published in the Federal Register after November 4, 2021, Commerce will
create an annual inquiry service list segment in Commerce's online e-
filing and document management system, Antidumping and Countervailing
Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication
[[Page 77796]]
of the notice of the order. Each annual inquiry service list will be
saved in ACCESS, under each case number, and under a specific segment
type called ``AISL-Annual Inquiry Service List.'' \9\
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\8\ Id.
\9\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioner and Government of Korea should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for this order.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
Korea will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of Korea are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
SAP from Korea, pursuant to section 736(a) of the Act. Interested
parties can find a list of antidumping duty orders currently in effect
at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Order
The merchandise covered by this order 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 order. 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
order. 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 order 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.
[FR Doc. 2022-27520 Filed 12-19-22; 8:45 am]
BILLING CODE 3510-DS-P
