Certain Epoxy Resins From the Republic of Korea: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 74912-74915 [2024-20886]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
74912
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either PMB
Silicon’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific assessment rate is zero
or de minimis in the final results of this
review, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.12
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by PMB Silicon for
which PMB Silicon 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 (i.e.,
12.27 percent),13 if there is no rate for
the intermediate company(ies) involved
in the transaction.14
Commerce intends to issue
instructions to CBP no earlier than 35
days after the publication date of the
final results of this review 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).
margin established in the final results of
this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently-completed segment of this
proceeding for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 12.27 percent, the allothers rate established in the LTFV
investigation.15 The cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for PMB Silicon will be
equal to the weighted-average dumping
Notification to Interested Parties
12 See
section 751(a)(2)(C) of the Act.
Order, 86 FR at 46678.
14 For a full description of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
Final Results of Review
Unless extended, Commerce intends
to issue the final results of this
administrative review, 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 serves as a preliminary
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 during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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
15 See
PO 00000
Order, 86 FR at 46678.
Frm 00046
Fmt 4703
Sfmt 4703
VI. Recommendation
[FR Doc. 2024–20774 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–920]
Certain Epoxy Resins From the
Republic of Korea: Preliminary
Negative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are not being provided to
producers and exporters of Certain
Epoxy Resins (epoxy resins) from the
Republic of Korea (Korea). The period of
investigation is January 1, 2023, through
December 31, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3936 or (202) 482–3457,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on April 29,
2024.1 On May 28, 2024, Commerce
postponed the preliminary
determination until September 3, 2024.2
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
1 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea, and
Taiwan: Initiation of Countervailing Duty
Investigations, 89 FR 33319 (April 29, 2024)
(Initiation Notice).
2 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea, and
Taiwan: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 89 FR 46016 (May 28, 2024).
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
proceeding by seven days.3 The
deadline for the preliminary
determination is now September 9,
2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are epoxy resins. For a
complete description of the scope of this
investigation, see Appendix I.
khammond on DSKJM1Z7X2PROD with NOTICES
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e. , scope).6 We received
several comments concerning the scope
of this investigation, as well as in the
companion less-than-fair-value (LTFV)
and other CVD investigations of epoxy
resins, as it appeared in the Initiation
Notice. We are currently evaluating the
scope comments filed by the interested
parties. We intend to issue our
preliminary decision regarding the
scope of the LTFV and CVD
investigations in the preliminary
determinations of the companion LTFV
investigations, the deadline for which is
November 6, 2024.7 We will incorporate
the scope decisions from the LTFV
investigations into the scope of the final
CVD determination for this investigation
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Determination in the
Countervailing Duty Investigation of Certain Epoxy
Resins from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 89 FR 65583 (August 12, 2024)
(LTFV Prelim Postponement).
VerDate Sep<11>2014
18:37 Sep 12, 2024
Jkt 262001
after considering any relevant comments
submitted in scope case and rebuttal
briefs.8
following estimated countervailable
subsidy rates exist:
Methodology
Company
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e. , a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.9
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
do not exist with respect to imports of
epoxy resins from Korea for Kukdo
Chemical Co., Ltd. (Kukdo), Kumho P&B
Chemicals Inc. (Kumho), all other
exporters or producers not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination with the final
determination in the companion LTFV
investigation of epoxy resins from Korea
based on a request made by the
petitioner.10 Consequently, the final
CVD determination will be issued on
the same date as the final LTFV
determination, which is currently
scheduled to be issued no later than
January 21, 2025, unless postponed.11
Preliminary Determination
For this preliminary determination,
Commerce calculated de minimis
estimated countervailable subsidies for
all individually examined producers/
exporters of the subject merchandise.
Consistent with section 703(b)(4)(A) of
the Act, Commerce has disregarded the
de minimis rates. Commerce
preliminarily determines that the
8 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 See Petitioner’s Letter, ‘‘Petitioner’s Request to
Align Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated August
15, 2024. The petitioner is the U.S. Epoxy Resin
Producers Ad Hoc Coalition.
11 See LTFV Prelim Postponement.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
74913
Kukdo Chemical Co., Ltd.12 .....
Kumho P&B Chemicals Inc.13 ..
Subsidy rate
(percent ad
valorem)
* 0.74
* 0.89
* De minimis.
Consistent with section 703(d) of the
Act, Commerce has not calculated an
estimated weighted-average subsidy rate
for all other producers/exporters
because it has not made an affirmative
preliminary determination
Suspension of Liquidation
Because Commerce preliminarily
determines that no countervailable
subsidies are being provided to the
production or exportation of subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation of any such entries.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
All interested parties will have the
opportunity to submit scope case and
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Kukdo Chemical
Co., Ltd.: Kukdo Finechem Co., Ltd.
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Kumho P&B
Chemicals Inc.: Kumho Petrochemical Co. Ltd. and
Chemoil Corporation.
E:\FR\FM\13SEN1.SGM
13SEN1
74914
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
rebuttal briefs on the preliminary
decision regarding the scope of the
LTFV and CVD investigations. The
deadlines to submit scope case and
rebuttal briefs will be provided in the
preliminary scope decision
memorandum. For all scope case and
rebuttal briefs, parties must file
identical documents simultaneously on
the records of the ongoing LTFV and
CVD epoxy resins investigations. No
new factual information or business
proprietary information may be
included in either scope case or rebuttal
briefs.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.14 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.15
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.16 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
14 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
15 See 19 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Final Rule.
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 75 days after the final
determination whether imports of epoxy
resins from Korea are materially
injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is 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
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
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 investigation if performed in
the subject country.
The scope also includes epoxy resin that is
commingled or blended with epoxy resin
from sources not subject to this investigation.
Only the subject component of such
commingled products is covered by the scope
of this investigation.
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 ‘‘prepregs,’’ 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.
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Negative Determination of
Critical Circumstances
V. Subsidies Valuation
VI. Diversification of Korea’s Economy
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–20886 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–835]
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea:
Preliminary Results and Intent To
Rescind, in Part, of Countervailing
Duty Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain exporters/
producers of stainless steel sheet and
strip in coils (SSSS in coils) from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR) January 1, 2022,
through December 31, 2022. We invite
interested parties to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Scope of the Order
Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0012.
The product covered by this Order is
SSSS in coils. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
SUPPLEMENTARY INFORMATION:
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023).
3 See Memorandum, ‘‘Respondent Selection,’’
dated January 18, 2024.
4 See Memorandum, ‘‘Selection of Additional
Mandatory Respondent for Individual
Examination,’’ dated February 8, 2024.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 17, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on
Stainless Steel Sheet and Strip in Coils from the
Republic of Korea; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
Background
khammond on DSKJM1Z7X2PROD with NOTICES
December 31, 2022.2 On January 18,
2024, Commerce selected Geumok Tech.
Co., Ltd. (Geumok Tech) and Hyundai
Steel Company (Hyundai Steel), as the
mandatory respondents in this
administrative review.3 Because
Geumok Tech failed to respond to the
initial questionnaire, on February 8,
2024, Commerce selected Hyundai BNG
Steel Co. (Hyundai BNG) as an
additional mandatory respondent in this
administrative review.4
On April 17, 2024, Commerce
extended the deadline for issuance of
the preliminary results of this review
until August 30, 2024, in accordance
with 19 CFR 351.213(h)(2).5 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.6 The
deadline for the preliminary results is
now September 6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
On August 6, 1999, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
SSSS in coils from Korea.1 On October
18, 2023, Commerce published in the
Federal Register its initiation of the
CVD administrative review of the Order
for the period of January 1, 2022, to
1 See Amended Final Determination: Stainless
Steel Sheet and Strip in Coils from the Republic of
Korea; and Notice of Countervailing Duty Orders:
Stainless Steel Sheet and Strip in Coils from France,
Italy, and the Republic of Korea, 64 FR 42923
(August 6, 1999) (Order).
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
74915
Methodology
Commerce is conducting this CVD
administrative review in accordance
with section 751(a)(l)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that confers a benefit to the recipient,
and that the subsidy is specific.8 For a
full description of the methodology
underlying our conclusions, including
our reliance upon adverse facts
available (AFA) in determining a
countervailing duty rate for Geumok
Tech, pursuant to sections 776(a) and
(b) of the Act, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.9 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.10 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.11
According to the CBP import data on
the record, there is one company subject
to this review (i.e., Samsung STS Co.,
Ltd.) that did not have reviewable
entries of subject merchandise during
the POR for which liquidation is
suspended. Accordingly, in the absence
of reviewable, suspended entries of
subject merchandise during the POR, we
intend to rescind this administrative
review with respect to this company, in
accordance with 19 CFR 351.213(d)(3).
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022:
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See Preliminary Decision Memorandum at
‘‘Intent to Rescind Administrative Review, in Part.’’
10 See 19 CFR 351.212(b)(2).
11 See 19 CFR 351.213(d)(3).
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74912-74915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20886]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-920]
Certain Epoxy Resins From the Republic of Korea: Preliminary
Negative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are not being provided to
producers and exporters of Certain Epoxy Resins (epoxy resins) from the
Republic of Korea (Korea). The period of investigation is January 1,
2023, through December 31, 2023. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202)
482-3457, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on April 29, 2024.\1\ On May 28, 2024, Commerce postponed
the preliminary determination until September 3, 2024.\2\ On July 22,
2024, Commerce tolled certain deadlines in this administrative
[[Page 74913]]
proceeding by seven days.\3\ The deadline for the preliminary
determination is now September 9, 2024.
---------------------------------------------------------------------------
\1\ See Certain Epoxy Resins from the People's Republic of
China, India, the Republic of Korea, and Taiwan: Initiation of
Countervailing Duty Investigations, 89 FR 33319 (April 29, 2024)
(Initiation Notice).
\2\ See Certain Epoxy Resins from the People's Republic of
China, India, the Republic of Korea, and Taiwan: Postponement of
Preliminary Determinations in the Countervailing Duty
Investigations, 89 FR 46016 (May 28, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Negative Determination in the Countervailing Duty Investigation of
Certain Epoxy Resins from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are epoxy resins. For a
complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e. , scope).\6\ We received
several comments concerning the scope of this investigation, as well as
in the companion less-than-fair-value (LTFV) and other CVD
investigations of epoxy resins, as it appeared in the Initiation
Notice. We are currently evaluating the scope comments filed by the
interested parties. We intend to issue our preliminary decision
regarding the scope of the LTFV and CVD investigations in the
preliminary determinations of the companion LTFV investigations, the
deadline for which is November 6, 2024.\7\ We will incorporate the
scope decisions from the LTFV investigations into the scope of the
final CVD determination for this investigation after considering any
relevant comments submitted in scope case and rebuttal briefs.\8\
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See Certain Epoxy Resins from the People's Republic of
China, India, the Republic of Korea, Taiwan, and Thailand:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 89 FR 65583 (August 12, 2024) (LTFV Prelim
Postponement).
\8\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e. , a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\9\
---------------------------------------------------------------------------
\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Negative Determination of Critical Circumstances
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances do not exist with
respect to imports of epoxy resins from Korea for Kukdo Chemical Co.,
Ltd. (Kukdo), Kumho P&B Chemicals Inc. (Kumho), all other exporters or
producers not individually examined. For a full description of the
methodology and results of Commerce's analysis, see the Preliminary
Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination with the final determination in
the companion LTFV investigation of epoxy resins from Korea based on a
request made by the petitioner.\10\ Consequently, the final CVD
determination will be issued on the same date as the final LTFV
determination, which is currently scheduled to be issued no later than
January 21, 2025, unless postponed.\11\
---------------------------------------------------------------------------
\10\ See Petitioner's Letter, ``Petitioner's Request to Align
Countervailing Duty Investigation Final Determination with
Antidumping Duty Investigation Final Determination,'' dated August
15, 2024. The petitioner is the U.S. Epoxy Resin Producers Ad Hoc
Coalition.
\11\ See LTFV Prelim Postponement.
---------------------------------------------------------------------------
Preliminary Determination
For this preliminary determination, Commerce calculated de minimis
estimated countervailable subsidies for all individually examined
producers/exporters of the subject merchandise. Consistent with section
703(b)(4)(A) of the Act, Commerce has disregarded the de minimis rates.
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Kukdo Chemical Co., Ltd.\12\............................... * 0.74
Kumho P&B Chemicals Inc.\13\............................... * 0.89
------------------------------------------------------------------------
* De minimis.
Consistent with section 703(d) of the Act, Commerce has not
calculated an estimated weighted-average subsidy rate for all other
producers/exporters because it has not made an affirmative preliminary
determination
---------------------------------------------------------------------------
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Kukdo Chemical Co., Ltd.: Kukdo Finechem Co., Ltd.
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Kumho P&B Chemicals Inc.: Kumho Petrochemical Co. Ltd. and Chemoil
Corporation.
---------------------------------------------------------------------------
Suspension of Liquidation
Because Commerce preliminarily determines that no countervailable
subsidies are being provided to the production or exportation of
subject merchandise, Commerce will not direct U.S. Customs and Border
Protection to suspend liquidation of any such entries.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit scope
case and
[[Page 74914]]
rebuttal briefs on the preliminary decision regarding the scope of the
LTFV and CVD investigations. The deadlines to submit scope case and
rebuttal briefs will be provided in the preliminary scope decision
memorandum. For all scope case and rebuttal briefs, parties must file
identical documents simultaneously on the records of the ongoing LTFV
and CVD epoxy resins investigations. No new factual information or
business proprietary information may be included in either scope case
or rebuttal briefs.
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\14\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\15\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\15\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\16\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\17\
---------------------------------------------------------------------------
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 75 days after the final determination whether imports of epoxy
resins from Korea are materially injuring, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is 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 investigation
if performed in the subject country.
The scope also includes epoxy resin that is commingled or
blended with epoxy resin from sources not subject to this
investigation. Only the subject component of such commingled
products is covered by the scope of this investigation.
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.
[[Page 74915]]
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Negative Determination of Critical Circumstances
V. Subsidies Valuation
VI. Diversification of Korea's Economy
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-20886 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
