Certain Epoxy Resins From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89612-89615 [2024-26256]

Download as PDF 89612 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices issuance of the final results, Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. For the companies for which this review is rescinded, we will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2022, through December 31, 2022. We intend to issue assessment instructions to CBP for these companies no earlier than 35 days after the date of publication of this rescission in the Federal Register. For the companies remaining in the review, we will instruct CBP to assess countervailing duties on all appropriate entries at the subsidy rates calculated in the final results of this review. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication 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). Dated: November 6, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3818. SUPPLEMENTARY INFORMATION: Appendix I Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 29, 2024.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On August 12, 2024, Commerce postponed the preliminary determination of this investigation until November 6, 2024.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included 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. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Period of Review V. Diversification of Korea’s Economy VI. Rescission of Administrative Review, in Part VII. Subsidies Valuation Information VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Recommendation Appendix II Companies for Which Commerce Is Rescinding This Review 1. DCE Inc. 2. Dong Chuel America Inc. 3. Dong Chuel Industrial Co., Ltd. 4. Dongbu Incheon Steel Co., Ltd. 5. Dongbu Steel Co., Ltd. 6. Dongkuk Industries Co., Ltd. 7. Dongkuk Steel Mill Co., Ltd. 8. Hyewon Sni Corporation (H.S.I.) 9. JFE Shoji Trade Korea Ltd. 10. POSCO Coated & Color Steel Co., Ltd. 11. POSCO Daewoo Corporation 12. Soon Hong Trading Co., Ltd. 13. Sung-A Steel Co., Ltd. [FR Doc. 2024–26251 Filed 11–12–24; 8:45 am] BILLING CODE 3510–DS–P Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company. These cash deposit instructions, when imposed, shall remain in effect until further notice. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). VerDate Sep<11>2014 17:40 Nov 12, 2024 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [A–533–926] Certain Epoxy Resins From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that imports of certain epoxy resins (epoxy resins) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable November 13, 2024. FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 Scope of the Investigation The products covered by this investigation are epoxy resins from India. 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 1 See Certain Expoxy Resins from the People’s Republic of China, India, the Republic of Korea, Taiwan, and Thailand: Initiation of Less-Than-Fair Value Invesitgations, 89 FR 33324 (April 29, 2024) (Initiation Notice). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Certain Expoxy Resins from the People’s Republic of China, India, the Republic of Korea, Taiwan, and Thailand: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 89 FR 65583 (August 12, 2024). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Epoxy Resins from India’’ 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) (Preamble). E:\FR\FM\13NON1.SGM 13NON1 89613 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by Commerce. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.7 Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Pursuant to 19 CFR 351.309(c)(2), interested parties may submit additional comments on the scope of this investigation in scope case briefs, which may be submitted no later than 30 days after the issuance of the Preliminary Scope Decision Memorandum.8 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, for Champion Advanced Materials (Champion). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily determined an estimated weighted-average dumping margin for Atul Limited (Atul) that is not zero, de minimis or based entirely on facts otherwise available. The estimated weighted-average dumping margin preliminarily determined for Champion is based on total facts available with an adverse inference. Consequently, for this preliminary determination, the estimated weighted-average dumping margin calculated for Atul is the estimated weighted-average dumping margin for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Weighted-average dumping margin (percent) Exporter or producer Atul Limited .............................................................................................................................................. Champion Advanced Materials ................................................................................................................ All Others ................................................................................................................................................. 12.01 * 15.68 12.01 Adjusted cash deposit rate (percent) 9 10.52 * 0.00 10.52 * Rate based on facts available with adverse inferences. Suspension of Liquidation lotter on DSK11XQN23PROD with NOTICES1 In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin as follows and as adjusted below: (1) the cash deposit rate for the exporters listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a company identified above, but the Initiation Notice, 89 FR at 33324–25. Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Epoxy Resins from the People’s Republic of China, India, the Republic of Korea, Taiwan, and Thailand: Preliminary Scope Decision Memorandum,’’ dated concurrently with this preliminary determination (Preliminary Scope Decision Memorandum). producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the allothers estimated weighted-average dumping margin. Commerce normally adjusts the cash deposit for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate countervailed export subsidy rate. Any such adjusted cash deposit rate may be found in the 6 See 8 Id. 7 See 9 Adjusted VerDate Sep<11>2014 17:40 Nov 12, 2024 Jkt 265001 for export subsidies of 1.49 percent (comprised of 0.77 percent for the duty drawback program and 0.72 percent for the remissions of duties and taxes on export products program) for Atul and All Others. Adjusted for 91.04 percent (all programs) for Champion. See Certain Epoxy Resins from India: Preliminary Affirmative Countervailing PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 ‘‘Preliminary Determination’’ section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 89 FR 74889 (September 13, 2024), and accompanying Preliminary Decision Memorandum. E:\FR\FM\13NON1.SGM 13NON1 89614 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices 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 submitted by Atul that will be relied upon in making its final determination. lotter on DSK11XQN23PROD with NOTICES1 Public Comment Case briefs or other written comments on non-scope issues 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.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.11 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.12 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 briefs 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.13 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the 10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 11 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). 12 See 19 351.309(c)(2) and (d)(2). 13 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. VerDate Sep<11>2014 17:40 Nov 12, 2024 Jkt 265001 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).14 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 and 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. CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On September 16 and 19, 2024, pursuant to 19 CFR 351.210(e), Atul and the U.S. Epoxy Resin Producers Ad Hoc Coalition (the petitioner), respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.15 In accordance with section 735(a)(2)(A) of the Act and 19 Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). 14 See APO and Service Final Rule. Atul’s Letter, ‘‘Request to Extend Final Determination,’’ dated September 16, 2024; see also Petitioner’s Letter, ‘‘Petitioner’s Request For the Postponement Of The Final Determinations,’’ dated September 19, 2024. 15 See PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary 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 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Dated: November 6, 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 this investigation 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 E:\FR\FM\13NON1.SGM 13NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices 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. 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation VerDate Sep<11>2014 17:40 Nov 12, 2024 Jkt 265001 IV. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Methodology VI. Currency Conversion VII. Adjustments to Estimated WeightedAverage Dumping Margins for Export Subsidies in Companion Countervailing Duty Investigation VIII. Recommendation [FR Doc. 2024–26256 Filed 11–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE396] Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approved Monitoring Service Providers National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Approval of Northeast multispecies monitoring service providers for fishing year 2025. AGENCY: NMFS has approved nine companies to provide Northeast multispecies sector at-sea catch monitoring (ASM) and/or electronic catch monitoring (EM) services in fishing year 2025. Regulations implementing the Northeast Multispecies Fishery Management Plan require ASM and EM companies to meet service provider performance standards to be approved by NMFS to provide catch monitoring services to sectors. This action approves service providers that sectors may contract with for catch monitoring services for fishing year 2025. DATES: Northeast multispecies at-sea and electronic monitoring service provider approvals are effective May 1, 2025, through April 30, 2026. ADDRESSES: The list of NMFS-approved sector monitoring service providers is available at: https://www.fisheries. noaa.gov/resource/data/observerproviders-northeast-and-mid-atlanticprograms. FOR FURTHER INFORMATION CONTACT: Heather Nelson, Fishery Management Specialist, (978) 281–9334, email Heather.Nelson@noaa.gov. SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery Management Plan includes a requirement for industry-funded monitoring of catch by sector vessels. NMFS approves independent thirdSUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 89615 party service providers with which sectors may contract to provide ASM and/or EM services to their vessels. NMFS requires full applications for approval from ASM and EM companies that are not currently approved to be a service provider. Previously approved ASM and EM companies are not required to submit a full application to maintain their approval status if they continue to meet all service provider performance standards and submit required updated information annually. The required updated information to maintain approval includes an updated Emergency Action Plan, evidence of adequate insurance coverage, and, if applicable, any updates to staffing or operations. Regulations at 50 CFR 648.11(h) describe the criteria for approval of ASM and EM service provider applications. NMFS approves service providers based on: (1) Completeness and sufficiency of applications; and (2) determination of the applicant’s ability to meet the performance requirements of a sector monitoring service provider. Once approved, service providers must meet specified performance requirements outlined in § 648.11(h)(5) and (6), including required coverage levels, in order to maintain eligibility. NMFS must notify service providers, in writing, if NMFS withdraws approval for any reason. Approved Monitoring Service Providers On September 3, 2024, NMFS announced an opportunity for new monitoring companies to apply for approval to provide ASM and/or EM services in fishing year 2025 and an opportunity for currently approved providers to submit updated documentation to maintain their approval status in fishing year 2025. NMFS previously approved nine companies to provide catch monitoring services to the Northeast multispecies sectors in fishing year 2024. Five of the nine approved companies provide both ASM and EM services: A.I.S., Inc.; East West Technical Services, LLC; Fathom Research, LLC; New England Marine Monitoring; and Saltwater, Inc. The other four approved companies provide EM services only: Archipelago Marine Research, Ltd.; Flywire Cameras; Satlink US, LLC; and Teem Fish Monitoring, Inc. All currently approved ASM and EM companies continue to meet all service provider performance standards, submitted all required documentation, and are therefore approved service providers for fishing year 2025. We did not receive any new ASM or EM provider applications. Table 1 includes E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89612-89615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26256]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-926]


Certain Epoxy Resins From India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of certain epoxy resins (epoxy resins) from 
India are being, or are likely to be, sold in the United States at less 
than fair value (LTFV). The period of investigation (POI) is April 1, 
2023, through March 31, 2024. Interested parties are invited to comment 
on this preliminary determination.

DATES: Applicable November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3818.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 29, 
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ On August 12, 2024, 
Commerce postponed the preliminary determination of this investigation 
until November 6, 2024.\3\
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    \1\ See Certain Expoxy Resins from the People's Republic of 
China, India, the Republic of Korea, Taiwan, and Thailand: 
Initiation of Less-Than-Fair Value Invesitgations, 89 FR 33324 
(April 29, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Certain Expoxy Resins from the People's Republic of 
China, India, the Republic of Korea, Taiwan, and Thailand: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 89 FR 65583 (August 12, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Epoxy Resins from India'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are epoxy resins from 
India. 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

[[Page 89613]]

coverage (i.e., scope).\6\ Certain interested parties commented on the 
scope of the investigation as it appeared in the Initiation Notice, as 
well as additional language proposed by Commerce. For a summary of the 
product coverage comments and rebuttal responses submitted to the 
record for this preliminary determination, and accompanying discussion 
and analysis of all comments timely received, see the Preliminary Scope 
Decision Memorandum.\7\ Commerce is not preliminarily modifying the 
scope language as it appeared in the Initiation Notice. See the scope 
in Appendix I to this notice. Pursuant to 19 CFR 351.309(c)(2), 
interested parties may submit additional comments on the scope of this 
investigation in scope case briefs, which may be submitted no later 
than 30 days after the issuance of the Preliminary Scope Decision 
Memorandum.\8\
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 33324-25.
    \7\ See Memorandum, ``Less-Than-Fair-Value and Countervailing 
Duty Investigations of Certain Epoxy Resins from the People's 
Republic of China, India, the Republic of Korea, Taiwan, and 
Thailand: Preliminary Scope Decision Memorandum,'' dated 
concurrently with this preliminary determination (Preliminary Scope 
Decision Memorandum).
    \8\ Id.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce 
has preliminarily relied upon facts otherwise available, with adverse 
inferences, for Champion Advanced Materials (Champion). For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce preliminarily determined an 
estimated weighted-average dumping margin for Atul Limited (Atul) that 
is not zero, de minimis or based entirely on facts otherwise available. 
The estimated weighted-average dumping margin preliminarily determined 
for Champion is based on total facts available with an adverse 
inference. Consequently, for this preliminary determination, the 
estimated weighted-average dumping margin calculated for Atul is the 
estimated weighted-average dumping margin for all other producers and 
exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                   Weighted-average      Adjusted cash
      Exporter or producer          dumping margin       deposit rate
                                       (percent)         (percent) \9\
------------------------------------------------------------------------
Atul Limited....................               12.01               10.52
Champion Advanced Materials.....             * 15.68              * 0.00
All Others......................               12.01               10.52
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Suspension of Liquidation
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    \9\ Adjusted for export subsidies of 1.49 percent (comprised of 
0.77 percent for the duty drawback program and 0.72 percent for the 
remissions of duties and taxes on export products program) for Atul 
and All Others. Adjusted for 91.04 percent (all programs) for 
Champion. See Certain Epoxy Resins from India: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 89 FR 74889 
(September 13, 2024), and accompanying Preliminary Decision 
Memorandum.
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    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin as follows and as adjusted below: (1) the cash 
deposit rate for the exporters listed above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this preliminary determination; (2) if the exporter is not a company 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.
    Commerce normally adjusts the cash deposit for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. Accordingly, where Commerce preliminarily made 
an affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate countervailed export subsidy rate. Any such adjusted 
cash deposit rate may be found in the ``Preliminary Determination'' 
section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days

[[Page 89614]]

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 submitted by Atul that will be relied upon in 
making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues 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.\10\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing case briefs.\11\ Interested parties who 
submit case or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ 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).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    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 briefs 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.\13\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    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 and 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On September 16 and 19, 2024, pursuant to 19 CFR 351.210(e), Atul 
and the U.S. Epoxy Resin Producers Ad Hoc Coalition (the petitioner), 
respectively, requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\15\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \15\ See Atul's Letter, ``Request to Extend Final 
Determination,'' dated September 16, 2024; see also Petitioner's 
Letter, ``Petitioner's Request For the Postponement Of The Final 
Determinations,'' dated September 19, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
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 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: November 6, 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 this 
investigation 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

[[Page 89615]]

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.
    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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Adjustments to Estimated Weighted-Average Dumping Margins for 
Export Subsidies in Companion Countervailing Duty Investigation
VIII. Recommendation

[FR Doc. 2024-26256 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P

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