Certain Epoxy Resins From the People's Republic of China, India, the Republic of Korea, and Taiwan: Initiation of Countervailing Duty Investigations, 33319-33324 [2024-09159]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
rate of 76.46 percent to all entries of
subject merchandise during the POR
that were exported by Qingdao Odyking
and Shandong Longyue.
For the companies receiving a
separate rate, we intend to assign an
assessment rate of 0.00 percent,
consistent with the methodology
described above. Additionally, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the China-wide
entity.
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act for the
three separate rate respondents that do
not have a superseding cash deposit
rate: 13 (1) for the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except that, if the rate is de
minimis (i.e., less than 0.5 percent), then
the cash deposit rate will be zero for
that exporter); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the China-wide entity, i.e., 76.46
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These cash
deposit requirements shall remain in
effect until further notice.
Because Qingdao Sentury Tire Co.,
Ltd., Shandong Linglong Tyre Co., Ltd.,
Shandong Province Sanli Tire
Manufactured Co., Ltd., and Shouguang
Firemax Tyre Co., Ltd. have a
superseding cash deposit rate, i.e. there
13 These three companies are: Qingdao Fullrun
Tyre Tech Corp., Ltd.; Qingdao Powerich Tyre Co.,
Ltd.; and Shandong Yongsheng Rubber Group Co.,
Ltd.
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
have been final results published in a
subsequent administrative review, we
will not issue revised cash deposit
instructions to CBP for these companies.
Thus, this notice will not affect the
current cash deposit rate for these
companies.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: April 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Modify the Rate
for Separate Rate Respondents
Comment 2: Whether to Deny a Separate
Rate to Shandong Linglong Tyre Co., Ltd.
(Linglong)
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
33319
Comment 3: Whether to Deny a Separate
Rate to Qingdao Powerich Tyre Co., Ltd.
(Qingdao Powerich)
Comment 4: Whether to Deny a Separate
Rate to Shandong Yongsheng Rubber
Group Co., Ltd. (Shandong Yongsheng)
Comment 5: Whether to Deny a Separate
Rate to Qingdao Fullrun Tyre Tech
Corp., Ltd. (Fullrun Tyre Tech)
Comment 6: Whether Anchi Tyres Co., Ltd.
(Anchi) and Qingdao Fullrun Tyre Corp.,
Ltd. (Fullrun Tyre) Have No Shipments
and/or Qualify for a Separate Rate
VI. Recommendation
[FR Doc. 2024–09092 Filed 4–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–167, C–533–927, C–580–920, C–583–
877]
Certain Epoxy Resins From the
People’s Republic of China, India, the
Republic of Korea, and Taiwan:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan James (the People’s Republic of
China (China)), Eliza DeLong (India),
Thomas Martin (the Republic of Korea
(Korea)), and Whitley Herndon
(Taiwan), AD/CVD Operations, Offices
V, V, IV, and IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5305, (202) 482–3878, (202)
482–3936, and (202) 482–6274,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
The Petitions
On April 3, 2024, the U.S. Department
of Commerce (Commerce) received
countervailing duty (CVD) petitions
concerning imports of certain epoxy
resins (epoxy resins) from China, India,
Korea, and Taiwan filed in proper form
on behalf of U.S. Epoxy Resin Producers
Ad Hoc Coalition (the petitioner).1 The
CVD petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of epoxy resins from
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated April 3, 2024 (the Petitions). The
members of the U.S. Epoxy Resin Producers Ad Hoc
Coalition are Olin Corporation and Westlake
Corporation.
E:\FR\FM\29APN1.SGM
29APN1
33320
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
China, India, Korea, Taiwan, and
Thailand.2
Between April 8 and 16, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 Between April 11 and
18, 2024, the petitioner filed timely
responses to these requests for
additional information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC), the
Government of India (GOI), the
Government of Korea (GOK), and the
Taiwan Authorities (TA) are providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of epoxy resins
from China, India, Korea, and Taiwan,
respectively, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing epoxy resins in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating CVD investigations, the
Petitions were accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(F) of the Act.5
Commerce also finds that the petitioner
khammond on DSKJM1Z7X2PROD with NOTICES
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Epoxy Resins from China: Supplemental
Questions,’’ dated April 9, 2024; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Epoxy Resins from India: Supplemental
Questions,’’ dated April 9, 2024; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Epoxy Resins from South Korea:
Supplemental Questions,’’ dated April 8, 2024;
‘‘Petitions for the Imposition of Countervailing
Duties on Imports of Certain Epoxy Resins from
Taiwan: Supplemental Questions,’’ dated April 8,
2024; and ‘‘Supplemental Questions,’’ dated April
8, 2024 (General Issues Questionnaire); see also
Memorandum, ‘‘Phone Call,’’ dated April 16, 2024
(April 16 Memorandum).
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
to Volume I Supplemental Questionnaire,’’ dated
April 12, 2024 (First General Issues Supplement);
‘‘Petitioner’s Response to Volume VIII
Supplemental Questionnaire (China Countervailing
Duties),’’ dated April 15, 2024; ‘‘Petitioner’s
Response to Volume VIII Supplemental
Questionnaire (India Countervailing Duties),’’ dated
April 11, 2024; ‘‘Petitioner’s Response to Volume IX
Supplemental Questionnaire (South Korea
Countervailing Duties),’’ dated April 11, 2024;
‘‘Petitioner’s Response to Volume X Supplemental
Questionnaire (Taiwan Countervailing Duties),’’
dated April 15, 2024; and ‘‘Petitioner’s Response to
Second General Issues Supplemental
Questionnaire,’’ dated April 18, 2024 (Second
General Issues Supplement).
5 The members of the petitioning coalition are
interested parties under section 771(9)(C) of the
Act.
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.6
Period of Investigation
Because the Petitions were filed on
April 3, 2024, the period of
investigation (POI) for China, India,
Korea, and Taiwan investigations is
January 1, 2023, through December 31,
2023.7
Scope of the Investigations
The merchandise covered by these
investigations are epoxy resins from
China, India, Korea, and Taiwan. For a
full description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
On April 8 and 16, 2024, Commerce
requested information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.8 On
April 12 and 18, 2024, the petitioner
provided clarifications and revised the
scope.9 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these revisions.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).10 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.11 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on May 13, 2024,
which is 20 calendar days from the
signature date of this notice.12 Any
rebuttal comments, which may include
factual information, must be filed by
6 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also April
16 Memorandum.
9 See First General Issues Supplement at 3–10 and
Exhibit I–S4; see also Second General Issues
Supplement at 2–3 and Exhibit I–SS1.
10 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b)(1).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
5:00 p.m. ET on May 23, 2024, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party must contact
Commerce and request permission to
submit the additional information. All
scope comments must be filed
simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC, GOI, GOK, and TA of the
receipt of the Petitions and provided an
opportunity for consultations with
respect to the Petitions.14 Commerce
held consultations with the GOK on
April 17, 2024 15 and the TA April 19,
2024.16 The GOC and the GOI did not
request consultations.17
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
14 See Commerce’s Letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Epoxy Resins from China: Invitation for
Consultations,’’ dated April 15, 2024;
‘‘Countervailing Duty Petition on Certain Epoxy
Resins from India: Invitation for Consultations,’’
dated April 3, 2024; ‘‘Countervailing Duty Petition
on Certain Epoxy Resins from the Republic of
Korea,’’ dated April 8, 2024; and ‘‘Countervailing
Duty Petition on Certain Epoxy Resins from
Taiwan: Invitation for Consultations to Discuss
Countervailing Duty Petition,’’ dated April 4, 2024.
15 See Memorandum, ‘‘Countervailing Duty
Petition Regarding Certain Epoxy Resins from the
Republic of Korea (Korea): Consultations with
Officials from the Government of Korea,’’ dated
April 19, 2024.
16 See Memorandum, ‘‘Countervailing Duty
Petition Regarding Certain Epoxy Resins from
Taiwan: Consultations with the Taiwan
Authorities,’’ dated April 19, 2024.
17 In lieu of consultations, the GOC submitted
comments regarding the initiation. See GOC’s
E:\FR\FM\29APN1.SGM
29APN1
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
domestic like product,18 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.19
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
Letter, ‘‘China-USA Consultations with Respect to
the Possible Initiation of Countervailing
Investigation against Certain Epoxy Resins from
China,’’ dated April 18, 2024.
18 See section 771(10) of the Act.
19 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.20 Based on our analysis
of the information submitted on the
record, we have determined that epoxy
resins, as described in the domestic like
product definition set forth in the
Petitions, constitute a single domestic
like product, and we have analyzed
industry support in terms of that
domestic like product.21
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2023 and compared this to total
production for the domestic like
product by the U.S. epoxy resins
industry.22 We relied on the data
provided by the petitioner for purposes
of measuring industry support.23 Our
review of the data provided in the
Petitions, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
20 See Petitions at Volume I (pages 17–21 and
Exhibits I–18 through I–23); see also First General
Issues Supplement at 12–15 and Exhibit I–S6; and
Second General Issues Supplement at 8.
21 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Countervailing Duty Investigation Initiation
Checklists: Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand,’’ dated concurrently with,
and hereby adopted by, this notice (CountrySpecific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand (Attachment II). These
checklists are on file electronically via ACCESS.
22 See Petitions at Volume I (pages 6–7 and
Exhibit I–5); see also First General Issues
Supplement at 10–12 and Exhibits I–S2 and I–S5;
and Second General Issues Supplement at 3–8 and
Exhibits I–SS2 through I–SS5.
23 See Petitions at Volume I (pages 6–7 and
Exhibit I–5); see also First General Issues
Supplement at 10–12 and Exhibits I–S2 and I–S5;
and Second General Issues Supplement at 3–8 and
Exhibits I–SS2 through I–SS5. For further
discussion, see Attachment II of the CountrySpecific AD Initiation Checklists.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
33321
industry support for the Petitions.24
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action to
evaluate industry support (e.g.,
polling).25 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.26 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.27 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 702(b)(1)
of the Act.28
Injury Test
Because China, India, Korea, and
Taiwan are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China, India,
Korea, and Taiwan materially injure, or
threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from Korea
and Taiwan exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.29
With regard to China, while the
allegedly subsidized imports do not
24 See Attachment II of the Country-Specific CVD
Initiation Checklists.
25 Id.; see also section 702(c)(4)(D) of the Act.
26 See Attachment II of the Country-Specific CVD
Initiation Checklists.
27 Id.
28 Id.
29 See Petitions at Volume I (page 22 and Exhibit
I–7).
E:\FR\FM\29APN1.SGM
29APN1
33322
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
exceed the statutory requirements for
negligibility,30 the petitioner alleges and
provides supporting evidence that: (1) a
significant portion of the imported
epoxy resins entering through Canada
into the U.S. market are produced in
China, and once the transshipment issue
is corrected, imports from China are not
negligible; 31 and (2) there is the
potential that imports from China will
imminently exceed the negligibility
threshold and, therefore, are not
negligible for purposes of a threat
determination.32 With regard to India,
while the allegedly subsidized imports
do not exceed the statutory
requirements for negligibility,33 the
petitioner alleges and provides
supporting evidence that there is the
potential that imports from India will
imminently exceed the negligibility
threshold and, therefore, are not
negligible for purposes of a threat
determination.34 The petitioner’s
arguments regarding the potential for
imports from India and China to
imminently exceed the negligibility
threshold are consistent with the
statutory criteria for ‘‘negligibility in
threat analysis’’ under section
771(24)(A)(iv) of the Act, which
provides that imports shall not be
treated as negligible if there is a
potential that subject imports from a
country will imminently exceed the
statutory requirements for negligibility.
The petitioner contends that the
industry’s injured condition is
illustrated by the significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
and adverse impact on U.S. shipments,
production, capacity utilization, and
financial performance.35 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, cumulation,
as well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.36
khammond on DSKJM1Z7X2PROD with NOTICES
30 Id.
at 23–24 and Exhibits I–7, I–14, I–24, and
I–25.
31 Id. at 23–25 and Exhibits I–7, I–14, I–24, and
I–25.
32 Id. at 23 and Exhibit I–31; see also First General
Issues Supplement at 15–17 and I–S7.
33 See Petitions at Volume I (page 25–26 and
Exhibit I–24).
34 Id. at 25–26.
35 Id. at 22–46 and Exhibits I–4 through I–7, I–14,
I–16, I–22, I–24 through I–26, and I–28 through I–
31; see also First General Issues Supplement at 17
and Exhibit I–S8; and Second General Issues
Supplement at 8 and Exhibit I–SS6.
36 See Country-Specific CVD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
Initiation of CVD Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of epoxy
resins from China, India, Korea, and
Taiwan benefit from countervailable
subsidies conferred by the GOC, GOI,
GOK, and TA, respectively. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determinations no later
than 65 days after the date of these
initiations.
China
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 16 of 18 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate on each program, see the
China CVD Initiation Checklist.
India
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 15 of 16 of the
programs alleged by the petitioner. For
a full discussion of the basis for our
decision to initiate on each program, see
the India CVD Initiation Checklist.
Korea
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on all 32 programs alleged
by the petitioner. For a full discussion
of the basis for our decision to initiate
on each program, see the Korea CVD
Initiation Checklist.
Taiwan
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 22 of the 28 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate on each program, see the
Taiwan CVD Initiation Checklist.
Respondent Selection
In the Petitions, the petitioner
identified 28 companies in China, six
companies in India, three companies in
Korea, and four companies in Taiwan
(as producers and/or exporters of epoxy
Antidumping and Countervailing Duty Petitions
Covering Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
resins.37 Commerce intends to follow its
standard practice in CVD investigations
and calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of companies is large and it
cannot individually examine each
company based on Commerce’s
resources, where appropriate,
Commerce intends to select respondents
based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of
epoxy resins during the POI under the
appropriate Harmonized Tariff Schedule
of the United States subheadings listed
within the ‘‘Scope of the Investigations’’
in the appendix.
On April 18, 2024, Commerce
released the CBP data for imports of
epoxy resins from China, India, Korea,
and Taiwan under administrative
protective order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and/or respondent
selection must do so within three
business days of the publication date of
the notice of initiation of these
investigations.38 Comments must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. Commerce will
not accept rebuttal comments regarding
the CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOC, GOI, GOK, and TA via ACCESS.
To the extent practicable, we will
37 See Petitions at Volume I (page 17 and Exhibit
I–17); see also First General Issues Supplement at
2–3 and Exhibits I–S1 and I–S3; and Second
General Issues Supplement at 1.
38 See Memoranda, ‘‘Countervailing Duty Petition
on Certain Epoxy Resins from China: Release of
Data from U.S. Customs and Border Protection,’’
dated April 18, 2024; ‘‘Countervailing Duty
Investigation of Certain Epoxy Resins from India:
Release of U.S. Customs and Border Protection
Entry Data,’’ dated April 18, 2024; ‘‘Countervailing
Duty Investigation of Certain Epoxy Resins from the
Republic of Korea (Korea): Release of U.S. Customs
and Border Protection Entry Data,’’ dated April 18,
2024; and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Epoxy
Resins from Taiwan: Release of U.S. Customs and
Border Protection Entry Data,’’ dated April 18,
2024.
E:\FR\FM\29APN1.SGM
29APN1
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
attempt to provide a copy of the public
version of the Petitions to each exporter
named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions was filed, whether there is
a reasonable indication that imports of
epoxy resins from China, India, Korea,
and/or Taiwan are materially injuring,
or threatening material injury to, a U.S.
industry.39 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.40 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
khammond on DSKJM1Z7X2PROD with NOTICES
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 41 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.42 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
39 See
section 703(a)(1) of the Act.
40 Id.
41 See
42 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.43 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in these
investigations.44
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.45
Parties must use the certification
formats provided in 19 CFR
351.303(g).46 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
43 See
19 CFR 351.302.
19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
45 See section 782(b) of the Act.
46 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
44 See
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
33323
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).47
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: April 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and dutiesof the Assistant Secretary
for Enforcement and Compliance.
Appendix—Scope of the Investigations
The merchandise subject to these
investigations are fully or partially uncured
epoxy resins, also known as epoxide resins,
polyepoxides, oxirane resins, ethoxyline
resins, diglycidyl ether of bisphenol,
(chloromethyl)oxirane, or aromatic
diglycidyl, which are polymers or
prepolymers containing epoxy groups (i.e.,
three-membered ring structures comprised of
two carbon atoms and one oxygen atom).
Epoxy resins range in physical form from low
viscosity liquids to solids. All epoxy resins
are covered by the scope of these
investigations irrespective of physical form,
viscosity, grade, purity, molecular weight, or
molecular structure, and packaging.
Epoxy resins may contain modifiers or
additives, such as hardeners, curatives,
colorants, pigments, diluents, solvents,
thickeners, fillers, plasticizers, softeners,
flame retardants, toughening agents,
catalysts, Bisphenol F, and ultraviolet light
inhibitors, so long as the modifier or additive
has not chemically reacted so as to cure the
epoxy resin or convert it into a different
product no longer containing epoxy groups.
Such epoxy resins with modifiers or
additives are included in the scope where the
epoxy resin component comprises no less
than 30 percent of the total weight of the
product. The scope also includes blends of
epoxy resins with different types of epoxy
resins, with or without the inclusion of
modifiers and additives, so long as the
combined epoxy resin component comprises
at least 30 percent of the total weight of the
blend.
Epoxy resins that enter as part of a system
or kit with separately packaged co-reactants,
such as hardeners or curing agents, are
within the scope. The scope does not include
any separately packaged co-reactants that
would not fall within the scope if entered on
their own.
The scope includes merchandise matching
the above description that has been
processed in a third country, including by
commingling, diluting, introducing, or
removing modifiers or additives, or
performing any other processing that would
not otherwise remove the merchandise from
the scope of the investigations if performed
in the subject country.
47 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\29APN1.SGM
29APN1
33324
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
The scope also includes epoxy resin that is
commingled or blended with epoxy resin
from sources not subject to these
investigations. Only the subject component
of such commingled products is covered by
the scope of these investigations.
Excluded from the scope are phenoxy
resins, which are polymers with a weight
greater than 11,000 Daltons, a Melt Flow
Index (MFI) at 200 °C (392 °F) no less than
4 grams and no greater than 70 grams per 10
min, Glass-Transition Temperatures (Tg) no
less than 80°C (176 °F) and no greater than
100°C (212 °F), and which contain no epoxy
groups other than at the terminal ends of the
molecule.
Excluded from the scope are certain paint
and coating products, which are blends,
mixtures, or other formulations of epoxy
resin, curing agent, and pigment, in any form,
packaged in one or more containers, wherein
(1) the pigment represents a minimum of 10
percent of the total weight of the product, (2)
the epoxy resin represents a maximum of 80
percent of the total weight of the product,
and (3) the curing agent represents 5 to 40
percent of the total weight of the product.
Excluded from the scope are
preimpregnated fabrics or fibers, often
referred to as ‘‘pre-pregs,’’ which are
composite materials consisting of fabrics or
fibers (typically carbon or glass) impregnated
with epoxy resin.
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3907.30.0000. Subject merchandise may also
be entered under subheadings 3907.29.0000,
3824.99.9397, 3214.10.0020, 2910.90.9100,
2910.90.9000, 2910.90.2000, and
1518.00.4000. The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description of the
scope is dispositive.
[FR Doc. 2024–09159 Filed 4–26–24; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–166, A–533–926, A–580–919, A–583–
876, A–549–850]
Certain Epoxy Resins From the
People’s Republic of China, India, the
Republic of Korea, Taiwan, and
Thailand: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacob Waddell or Mark Flessner (the
People’s Republic of China (China)) at
(202) 482–1369 or (202) 482–6312,
respectively; Amaris Wade (India) at
(202) 482–6334; Laura Delgado (the
Republic of Korea (Korea)) at (202) 482–
1468; Benito Ballesteros (Taiwan) at
(202) 482–7425; and Rachel Jennings
khammond on DSKJM1Z7X2PROD with NOTICES
VerDate Sep<11>2014
20:54 Apr 26, 2024
Jkt 262001
The Petitions
On April 3, 2024, the U.S. Department
of Commerce (Commerce) received
antidumping duty (AD) petitions
concerning imports of certain epoxy
resins (epoxy resins) from China, India,
Korea, Taiwan, and Thailand filed in
proper form on behalf of the U.S. Epoxy
Resin Producers Ad Hoc Coalition (the
petitioner).1 These AD Petitions were
accompanied by countervailing duty
(CVD) petitions concerning imports of
epoxy resins from China, India, Korea,
and Taiwan.2
Between April 8 and 16, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in supplemental
questionnaires.3 The petitioner
responded to Commerce’s supplemental
questionnaires between April 10 and 18,
2024.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of epoxy resins from China, India,
Korea, Taiwan, and Thailand are being,
or are likely to be, sold in the United
States at less than fair value (LTFV)
within the meaning of section 731 of the
Act, and that imports of such products
1 See
BILLING CODE 3510–DS–P
AGENCY:
(Thailand) at (202) 482–1110, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated April 3, 2024 (the Petitions). The
members of the U.S. Epoxy Resin Producers Ad Hoc
Coalition are Olin Corporation and Westlake
Corporation.
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated April 8, 2024 (General Issues
Questionnaire), and ‘‘Supplemental Questions,’’
dated April 8, 2024 (China Supplemental); see also
Country-Specific Supplemental Questionnaires:
India Supplemental, Korea Supplemental, Taiwan
Supplemental, and Thailand Supplemental, dated
April 9, 2024; and Memorandum, ‘‘Phone Call with
Counsel to Petitioner,’’ dated April 16, 2024 (April
16 Memorandum).
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
to Volume II Supplemental Questionnaire (China
Antidumping),’’ dated April 10, 2024, and
‘‘Petitioner’s Response to Volume I Supplemental
Questionnaire,’’ dated April 12, 2024 (First General
Issues Supplement); see also Country-Specific AD
Supplemental Responses: India AD Supplement,
Korea AD Supplement, Taiwan AD Supplement,
and Thailand AD Supplement, dated April 15,
2024; Petitioner’s Letter, ‘‘Petitioner’s Response to
Second General Issues Supplemental
Questionnaire,’’ dated April 18, 2024 (Second
General Issues Supplement); and Country-Specific
AD Supplemental Responses: Second China AD
Supplement, Second India AD Supplement, Second
Korea AD Supplement, Second Taiwan AD
Supplement, and Second Thailand AD Supplement,
dated April 18, 2024.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
are materially injuring, or threatening
material injury to, the epoxy resins
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petitions were accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(F) of the Act.5
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigations.6
Periods of Investigation
Because the Petitions were filed on
April 3, 2024, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the India, Korea,
Taiwan, and Thailand LTFV
investigations is April 1, 2023, through
March 31, 2024. Because China is a nonmarket economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
POI for the China LTFV investigation is
October 1, 2023, through March 31,
2024.
Scope of the Investigations
The products covered by these
investigations are epoxy resins from
China, India, Korea, Taiwan, and
Thailand. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
On April 8 and 16, 2024, Commerce
requested information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.7 On
April 12 and 18, 2024, the petitioner
provided clarifications and revised the
scope.8 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
5 The members of the petitioning coalition are
interested parties under section 771(9)(C) of the
Act.
6 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
7 See General Issues Questionnaire; see also April
16 Memorandum.
8 See First General Issues Supplement at 3–10 and
Exhibit I–S4; see also Second General Issues
Supplement at 2–3 and Exhibit I–SS1.
E:\FR\FM\29APN1.SGM
29APN1
]]>Agencies
[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33319-33324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09159]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-167, C-533-927, C-580-920, C-583-877]
Certain Epoxy Resins From the People's Republic of China, India,
the Republic of Korea, and Taiwan: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James (the People's Republic of
China (China)), Eliza DeLong (India), Thomas Martin (the Republic of
Korea (Korea)), and Whitley Herndon (Taiwan), AD/CVD Operations,
Offices V, V, IV, and IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305, (202) 482-
3878, (202) 482-3936, and (202) 482-6274, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 3, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain epoxy resins (epoxy resins) from China, India, Korea, and
Taiwan filed in proper form on behalf of U.S. Epoxy Resin Producers Ad
Hoc Coalition (the petitioner).\1\ The CVD petitions were accompanied
by antidumping duty (AD) petitions concerning imports of epoxy resins
from
[[Page 33320]]
China, India, Korea, Taiwan, and Thailand.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated April 3, 2024 (the
Petitions). The members of the U.S. Epoxy Resin Producers Ad Hoc
Coalition are Olin Corporation and Westlake Corporation.
\2\ Id.
---------------------------------------------------------------------------
Between April 8 and 16, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
April 11 and 18, 2024, the petitioner filed timely responses to these
requests for additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Epoxy Resins from China:
Supplemental Questions,'' dated April 9, 2024; ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Epoxy
Resins from India: Supplemental Questions,'' dated April 9, 2024;
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Epoxy Resins from South Korea: Supplemental Questions,''
dated April 8, 2024; ``Petitions for the Imposition of
Countervailing Duties on Imports of Certain Epoxy Resins from
Taiwan: Supplemental Questions,'' dated April 8, 2024; and
``Supplemental Questions,'' dated April 8, 2024 (General Issues
Questionnaire); see also Memorandum, ``Phone Call,'' dated April 16,
2024 (April 16 Memorandum).
\4\ See Petitioner's Letters, ``Petitioner's Response to Volume
I Supplemental Questionnaire,'' dated April 12, 2024 (First General
Issues Supplement); ``Petitioner's Response to Volume VIII
Supplemental Questionnaire (China Countervailing Duties),'' dated
April 15, 2024; ``Petitioner's Response to Volume VIII Supplemental
Questionnaire (India Countervailing Duties),'' dated April 11, 2024;
``Petitioner's Response to Volume IX Supplemental Questionnaire
(South Korea Countervailing Duties),'' dated April 11, 2024;
``Petitioner's Response to Volume X Supplemental Questionnaire
(Taiwan Countervailing Duties),'' dated April 15, 2024; and
``Petitioner's Response to Second General Issues Supplemental
Questionnaire,'' dated April 18, 2024 (Second General Issues
Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC), the Government of India (GOI), the Government of Korea (GOK),
and the Taiwan Authorities (TA) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of epoxy resins from China, India, Korea, and Taiwan,
respectively, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing epoxy
resins in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\6\
---------------------------------------------------------------------------
\5\ The members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on April 3, 2024, the period of
investigation (POI) for China, India, Korea, and Taiwan investigations
is January 1, 2023, through December 31, 2023.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The merchandise covered by these investigations are epoxy resins
from China, India, Korea, and Taiwan. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On April 8 and 16, 2024, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On April 12 and 18, 2024, the petitioner provided
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these revisions.
---------------------------------------------------------------------------
\8\ See General Issues Questionnaire; see also April 16
Memorandum.
\9\ See First General Issues Supplement at 3-10 and Exhibit I-
S4; see also Second General Issues Supplement at 2-3 and Exhibit I-
SS1.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on May 13,
2024, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on May 23, 2024, which is 10
calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC, GOI, GOK, and TA of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\14\ Commerce held consultations with the GOK on April 17,
2024 \15\ and the TA April 19, 2024.\16\ The GOC and the GOI did not
request consultations.\17\
---------------------------------------------------------------------------
\14\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Epoxy Resins from China:
Invitation for Consultations,'' dated April 15, 2024;
``Countervailing Duty Petition on Certain Epoxy Resins from India:
Invitation for Consultations,'' dated April 3, 2024;
``Countervailing Duty Petition on Certain Epoxy Resins from the
Republic of Korea,'' dated April 8, 2024; and ``Countervailing Duty
Petition on Certain Epoxy Resins from Taiwan: Invitation for
Consultations to Discuss Countervailing Duty Petition,'' dated April
4, 2024.
\15\ See Memorandum, ``Countervailing Duty Petition Regarding
Certain Epoxy Resins from the Republic of Korea (Korea):
Consultations with Officials from the Government of Korea,'' dated
April 19, 2024.
\16\ See Memorandum, ``Countervailing Duty Petition Regarding
Certain Epoxy Resins from Taiwan: Consultations with the Taiwan
Authorities,'' dated April 19, 2024.
\17\ In lieu of consultations, the GOC submitted comments
regarding the initiation. See GOC's Letter, ``China-USA
Consultations with Respect to the Possible Initiation of
Countervailing Investigation against Certain Epoxy Resins from
China,'' dated April 18, 2024.
---------------------------------------------------------------------------
[[Page 33321]]
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\18\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\19\
---------------------------------------------------------------------------
\18\ See section 771(10) of the Act.
\19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\20\ Based on our analysis of the information
submitted on the record, we have determined that epoxy resins, as
described in the domestic like product definition set forth in the
Petitions, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\21\
---------------------------------------------------------------------------
\20\ See Petitions at Volume I (pages 17-21 and Exhibits I-18
through I-23); see also First General Issues Supplement at 12-15 and
Exhibit I-S6; and Second General Issues Supplement at 8.
\21\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Certain Epoxy Resins from the People's Republic of
China, India, the Republic of Korea, Taiwan, and Thailand,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific CVD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Epoxy Resins from the People's Republic
of China, India, the Republic of Korea, Taiwan, and Thailand
(Attachment II). These checklists are on file electronically via
ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023 and compared this
to total production for the domestic like product by the U.S. epoxy
resins industry.\22\ We relied on the data provided by the petitioner
for purposes of measuring industry support.\23\ Our review of the data
provided in the Petitions, the First General Issues Supplement, the
Second General Issues Supplement, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petitions.\24\ First, the Petitions
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
to evaluate industry support (e.g., polling).\25\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petitions account for at least
25 percent of the total production of the domestic like product.\26\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petitions
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petitions.\27\ Accordingly, Commerce
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.\28\
---------------------------------------------------------------------------
\22\ See Petitions at Volume I (pages 6-7 and Exhibit I-5); see
also First General Issues Supplement at 10-12 and Exhibits I-S2 and
I-S5; and Second General Issues Supplement at 3-8 and Exhibits I-SS2
through I-SS5.
\23\ See Petitions at Volume I (pages 6-7 and Exhibit I-5); see
also First General Issues Supplement at 10-12 and Exhibits I-S2 and
I-S5; and Second General Issues Supplement at 3-8 and Exhibits I-SS2
through I-SS5. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\24\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\25\ Id.; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
\28\ Id.
---------------------------------------------------------------------------
Injury Test
Because China, India, Korea, and Taiwan are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
China, India, Korea, and Taiwan materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from Korea and Taiwan exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\29\
---------------------------------------------------------------------------
\29\ See Petitions at Volume I (page 22 and Exhibit I-7).
---------------------------------------------------------------------------
With regard to China, while the allegedly subsidized imports do not
[[Page 33322]]
exceed the statutory requirements for negligibility,\30\ the petitioner
alleges and provides supporting evidence that: (1) a significant
portion of the imported epoxy resins entering through Canada into the
U.S. market are produced in China, and once the transshipment issue is
corrected, imports from China are not negligible; \31\ and (2) there is
the potential that imports from China will imminently exceed the
negligibility threshold and, therefore, are not negligible for purposes
of a threat determination.\32\ With regard to India, while the
allegedly subsidized imports do not exceed the statutory requirements
for negligibility,\33\ the petitioner alleges and provides supporting
evidence that there is the potential that imports from India will
imminently exceed the negligibility threshold and, therefore, are not
negligible for purposes of a threat determination.\34\ The petitioner's
arguments regarding the potential for imports from India and China to
imminently exceed the negligibility threshold are consistent with the
statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
---------------------------------------------------------------------------
\30\ Id. at 23-24 and Exhibits I-7, I-14, I-24, and I-25.
\31\ Id. at 23-25 and Exhibits I-7, I-14, I-24, and I-25.
\32\ Id. at 23 and Exhibit I-31; see also First General Issues
Supplement at 15-17 and I-S7.
\33\ See Petitions at Volume I (page 25-26 and Exhibit I-24).
\34\ Id. at 25-26.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression;
lost sales and revenues; and adverse impact on U.S. shipments,
production, capacity utilization, and financial performance.\35\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence and meet the statutory
requirements for initiation.\36\
---------------------------------------------------------------------------
\35\ Id. at 22-46 and Exhibits I-4 through I-7, I-14, I-16, I-
22, I-24 through I-26, and I-28 through I-31; see also First General
Issues Supplement at 17 and Exhibit I-S8; and Second General Issues
Supplement at 8 and Exhibit I-SS6.
\36\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Epoxy Resins from the People's Republic
of China, India, the Republic of Korea, Taiwan, and Thailand.
---------------------------------------------------------------------------
Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of epoxy resins from China, India, Korea, and Taiwan
benefit from countervailable subsidies conferred by the GOC, GOI, GOK,
and TA, respectively. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 65 days after the date of
these initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 16 of 18
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 15 of 16 of
the programs alleged by the petitioner. For a full discussion of the
basis for our decision to initiate on each program, see the India CVD
Initiation Checklist.
Korea
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 32
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Korea CVD
Initiation Checklist.
Taiwan
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 22 of the 28
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Taiwan CVD
Initiation Checklist.
Respondent Selection
In the Petitions, the petitioner identified 28 companies in China,
six companies in India, three companies in Korea, and four companies in
Taiwan (as producers and/or exporters of epoxy resins.\37\ Commerce
intends to follow its standard practice in CVD investigations and
calculate company-specific subsidy rates in these investigations. In
the event that Commerce determines that the number of companies is
large and it cannot individually examine each company based on
Commerce's resources, where appropriate, Commerce intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of epoxy resins during the POI under the appropriate
Harmonized Tariff Schedule of the United States subheadings listed
within the ``Scope of the Investigations'' in the appendix.
---------------------------------------------------------------------------
\37\ See Petitions at Volume I (page 17 and Exhibit I-17); see
also First General Issues Supplement at 2-3 and Exhibits I-S1 and I-
S3; and Second General Issues Supplement at 1.
---------------------------------------------------------------------------
On April 18, 2024, Commerce released the CBP data for imports of
epoxy resins from China, India, Korea, and Taiwan under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\38\ Comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the date noted above. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\38\ See Memoranda, ``Countervailing Duty Petition on Certain
Epoxy Resins from China: Release of Data from U.S. Customs and
Border Protection,'' dated April 18, 2024; ``Countervailing Duty
Investigation of Certain Epoxy Resins from India: Release of U.S.
Customs and Border Protection Entry Data,'' dated April 18, 2024;
``Countervailing Duty Investigation of Certain Epoxy Resins from the
Republic of Korea (Korea): Release of U.S. Customs and Border
Protection Entry Data,'' dated April 18, 2024; and ``Petition for
the Imposition of Countervailing Duties on Imports of Certain Epoxy
Resins from Taiwan: Release of U.S. Customs and Border Protection
Entry Data,'' dated April 18, 2024.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC, GOI, GOK, and TA via ACCESS. To the extent
practicable, we will
[[Page 33323]]
attempt to provide a copy of the public version of the Petitions to
each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions was filed, whether there is a reasonable
indication that imports of epoxy resins from China, India, Korea, and/
or Taiwan are materially injuring, or threatening material injury to, a
U.S. industry.\39\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\40\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
---------------------------------------------------------------------------
\39\ See section 703(a)(1) of the Act.
\40\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \41\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\42\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
---------------------------------------------------------------------------
\41\ See 19 CFR 351.301(b).
\42\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\43\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\44\
---------------------------------------------------------------------------
\43\ See 19 CFR 351.302.
\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\45\
Parties must use the certification formats provided in 19 CFR
351.303(g).\46\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\45\ See section 782(b) of the Act.
\46\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\47\
---------------------------------------------------------------------------
\47\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and dutiesof the Assistant Secretary for
Enforcement and Compliance.
Appendix--Scope of the Investigations
The merchandise subject to these investigations are fully or
partially uncured epoxy resins, also known as epoxide resins,
polyepoxides, oxirane resins, ethoxyline resins, diglycidyl ether of
bisphenol, (chloromethyl)oxirane, or aromatic diglycidyl, which are
polymers or prepolymers containing epoxy groups (i.e., three-
membered ring structures comprised of two carbon atoms and one
oxygen atom). Epoxy resins range in physical form from low viscosity
liquids to solids. All epoxy resins are covered by the scope of
these investigations irrespective of physical form, viscosity,
grade, purity, molecular weight, or molecular structure, and
packaging.
Epoxy resins may contain modifiers or additives, such as
hardeners, curatives, colorants, pigments, diluents, solvents,
thickeners, fillers, plasticizers, softeners, flame retardants,
toughening agents, catalysts, Bisphenol F, and ultraviolet light
inhibitors, so long as the modifier or additive has not chemically
reacted so as to cure the epoxy resin or convert it into a different
product no longer containing epoxy groups. Such epoxy resins with
modifiers or additives are included in the scope where the epoxy
resin component comprises no less than 30 percent of the total
weight of the product. The scope also includes blends of epoxy
resins with different types of epoxy resins, with or without the
inclusion of modifiers and additives, so long as the combined epoxy
resin component comprises at least 30 percent of the total weight of
the blend.
Epoxy resins that enter as part of a system or kit with
separately packaged co-reactants, such as hardeners or curing
agents, are within the scope. The scope does not include any
separately packaged co-reactants that would not fall within the
scope if entered on their own.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing, or removing modifiers or
additives, or performing any other processing that would not
otherwise remove the merchandise from the scope of the
investigations if performed in the subject country.
[[Page 33324]]
The scope also includes epoxy resin that is commingled or
blended with epoxy resin from sources not subject to these
investigations. Only the subject component of such commingled
products is covered by the scope of these investigations.
Excluded from the scope are phenoxy resins, which are polymers
with a weight greater than 11,000 Daltons, a Melt Flow Index (MFI)
at 200 [deg]C (392 [deg]F) no less than 4 grams and no greater than
70 grams per 10 min, Glass-Transition Temperatures (Tg) no less than
80[deg]C (176 [deg]F) and no greater than 100[deg]C (212 [deg]F),
and which contain no epoxy groups other than at the terminal ends of
the molecule.
Excluded from the scope are certain paint and coating products,
which are blends, mixtures, or other formulations of epoxy resin,
curing agent, and pigment, in any form, packaged in one or more
containers, wherein (1) the pigment represents a minimum of 10
percent of the total weight of the product, (2) the epoxy resin
represents a maximum of 80 percent of the total weight of the
product, and (3) the curing agent represents 5 to 40 percent of the
total weight of the product.
Excluded from the scope are preimpregnated fabrics or fibers,
often referred to as ``pre-pregs,'' which are composite materials
consisting of fabrics or fibers (typically carbon or glass)
impregnated with epoxy resin.
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheading
3907.30.0000. Subject merchandise may also be entered under
subheadings 3907.29.0000, 3824.99.9397, 3214.10.0020, 2910.90.9100,
2910.90.9000, 2910.90.2000, and 1518.00.4000. The HTSUS subheadings
are provided for convenience and customs purposes only; the written
description of the scope is dispositive.
[FR Doc. 2024-09159 Filed 4-26-24; 8:45 am]
BILLING CODE 3510-DS-P
