Certain Superabsorbent Polymers From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order, 302-303 [2024-31591]

Download as PDF 302 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Notices Countervailing Duty Proceedings No sunset review of countervailing duty orders is scheduled for initiation in February 2025. lotter on DSK11XQN23PROD with NOTICES1 Suspended Investigations No sunset review of suspended investigations is scheduled for initiation in February 2025. Commerce’s procedures for the conduct of sunset review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in sunset review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the sunset review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).1 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due. In prior proceedings we have encouraged interested parties to provide an executive summary of their comments, including footnotes. In these sunset reviews, we request that interested parties provide at the beginning of their comments, an executive summary for each issue raised in their comments. 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 decision memorandum that will accompany the notice to be published in the Federal Register. Finally, we request that interested parties include footnotes 1 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). VerDate Sep<11>2014 18:01 Jan 02, 2025 Jkt 265001 for relevant citations in the public executive summary of each issue. This notice is not required by statute but is published as a service to the international trading community. Dated: December 30, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–31590 Filed 1–2–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–914] Certain Superabsorbent Polymers From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On December 17, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Ad Hoc Coalition of American SAP Producers v. United States, Court No. 23–00010, sustaining the U.S. Department of Commerce’s (Commerce) final remand redetermination pertaining to the lessthan-fair-value (LTFV) investigation of certain superabsorbent polymers (SAP) from the Republic of Korea (Korea) covering the period of investigation October 1, 2020, through September 30, 2021. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation, and that Commerce is amending the final determination and the resulting antidumping duty (AD) order with respect to the dumping margins assigned to LG Chem, Ltd. (LGC) and all other producers and exporters of subject merchandise. SUMMARY: DATES: Applicable December 27, 2024. FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Background On October 27, 2022, Commerce published its Final Determination in the LTFV investigation of SAP from Korea.1 In its Final Determination, Commerce revised the model match hierarchy of the physical characteristics of the subject merchandise to use LGC’s proposed centrifugal retention capacity (CRC) characteristic reporting of 4 g/g increments, and to include LGC’s proposed two additional characteristics (absorbency under pressure (AUP) and permeability (PERM)) based on its finding that the alternative CRC increments and inclusion of AUP and PERM were commercially significant.2 Commerce subsequently published the AD order on SAP from Korea.3 The Ad Hoc Coalition of American SAP Producers (Coalition) appealed Commerce’s Final Determination. On March 1, 2024, the CIT remanded the Final Determination to Commerce to: (1) reconsider or further explain the commercial significance of the characteristics adopted into Commerce’s model match hierarchy when compared to those adopted in the preliminary determination, in particular narrower 4 g/g ranges for CRC, as well as AUP and PERM, which the CIT held to be unsupported by substantial evidence in the final determination; (2) further explain whether and to what extent Commerce verified the alternative sales and cost information upon which it relied in the final determination; and (3) address the Coalition’s concern that LGC’s defined characteristics created a possibility of manipulation, which could result in a distorted dumping margin.4 In its final remand redetermination, issued in June 2024, Commerce determined that there is no additional information on the record that would support the finding that narrower 4 g/ g ranges for CRC and the inclusion of AUP and PERM are commercially significant and should be included in the model match hierarchy.5 As a result, Commerce revised the model match 1 See Certain Superabsorbent Polymers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 87 FR 65035 (October 27, 2022) (Final Determination), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Determination IDM at 3–14. 3 See Certain Superabsorbent Polymers from the Republic of Korea: Antidumping Duty Order, 87 FR 77794 (December 20, 2022). 4 See Ad Hoc Coalition of American SAP Producers v. United States, Court No. 23–00010, Slip Op. 24–26 (CIT March 1, 2024). 5 See Final Results of Redetermination Pursuant to Court Remand, The Ad Hoc Coalition of American SAP Producers v. United States, Court No. 23–00010, Slip Op. 24–00026 (CIT March 1, 2024), dated June 14, 2024. E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Notices hierarchy to only include CRC in 6 g/ g increments. Further, because Commerce revised the model match hierarchy, it did not address the CIT’s concerns regarding whether Commerce sufficiently verified the alternative cost and sales data upon which it relied in its final determination or further consider the issue of potential manipulation using the model match hierarchy put forth by LGC (i.e., including AUP, PERM, and CRC at 4 g/ g increments).6 The CIT sustained Commerce’s final redetermination.7 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 17, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination with respect to LGC and all other producers and exporters as follows: Exporter/producer Weightedaverage dumping margin (percent) LG Chem, Ltd .................................. All Others ........................................ 26.05 26.05 lotter on DSK11XQN23PROD with NOTICES1 Amended AD Order Pursuant to section 735(c)(2) of the Act, Commerce shall ‘‘issue an antidumping duty order under section 736’’ of the Act when the final determination is affirmative. As a result of this amended final determination, Commerce is hereby amending the Order to revise the weighted-average dumping margins assigned to LGC and all-other producers and exporters of subject merchandise, as noted above. 6 Id. 7 See Ad Hoc Coalition of American SAP Producers v. United States, Court No. 23–00010, Slip Op. 24–141 (CIT December 17, 2024). 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 18:01 Jan 02, 2025 Jkt 265001 Cash Deposit Requirements Because LGC does not have a superseding cash deposit rate, i.e., there have been no final results published in a subsequent administrative review, and because of the change to the rate assigned to all other producers and exporters of subject merchandise, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: December 27, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–31591 Filed 1–2–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–857] Welded Large Diameter Line Pipe From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on welded large diameter line pipe (line pipe) from Japan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable January 3, 2025. FOR FURTHER INFORMATION CONTACT: Janaé Martin, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0238. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 6, 2001, Commerce published the AD order on line pipe from Japan.1 On September 3, 2024, Commerce published the notice of initiation of the fourth sunset review of the Order, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended 1 See Antidumping Duty Order: Welded Large Diameter Line Pipe from Japan, 66 FR 63368 (December 6, 2001) (Order). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 303 (the Act).2 On September 18, 2024, Commerce received a notice of intent to participate in this review from American Cast Iron Pipe Company, Berg Pipe Panama City Corp./Berg Pipe Mobile Corp., Dura-Bond Industries, Stupp Corporation, and Welspun Tubular LLC, individually and as members of the American Line Pipe Producers Association (ALPPA) (collectively, domestic interested parties) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under sections 771(9)(C) and (F) of the Act, as manufacturers of a domestic like product in the United States, and as an association of such manufacturers.4 On September 25, 2024, Commerce notified the U.S. International Trade Commission (ITC) that it received a notice of intent to participate from the domestic interested parties, and that the sunset review would continue.5 On October 3, 2024, we received a complete substantive response for this review from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).6 We received no substantive responses from any other interested parties, nor was a hearing requested. On October 31, 2024, Commerce notified the ITC that it did not receive an adequate substantive response from any respondent interested parties.7 As a result Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)((C)(2). Scope of the Order The merchandise covered by this Order is line pipe. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 71252 (September 3, 2024). 3 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate,’’ dated September 18, 2024. 4 Id. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on September 3, 2024,’’ dated September 25, 2024. 6 See Domestic Interested Parties’ Letter, ‘‘Substantive Response to the Notice of Initiation of Sunset Review,’’ dated October 3, 2024. 7 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on September 3, 2024,’’ dated October 31, 2024. 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Fourth Sunset Review of the Antidumping Duty Order on Welded Large Diameter Line Pipe from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Notices]
[Pages 302-303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31591]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-914]


Certain Superabsorbent Polymers From the Republic of Korea: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Antidumping Duty Investigation; Notice of Amended Final Determination; 
Notice of Amended Antidumping Duty Order

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

SUMMARY: On December 17, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in Ad Hoc Coalition of American SAP 
Producers v. United States, Court No. 23-00010, sustaining the U.S. 
Department of Commerce's (Commerce) final remand redetermination 
pertaining to the less-than-fair-value (LTFV) investigation of certain 
superabsorbent polymers (SAP) from the Republic of Korea (Korea) 
covering the period of investigation October 1, 2020, through September 
30, 2021. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final determination in that 
investigation, and that Commerce is amending the final determination 
and the resulting antidumping duty (AD) order with respect to the 
dumping margins assigned to LG Chem, Ltd. (LGC) and all other producers 
and exporters of subject merchandise.

DATES: Applicable December 27, 2024.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    On October 27, 2022, Commerce published its Final Determination in 
the LTFV investigation of SAP from Korea.\1\ In its Final 
Determination, Commerce revised the model match hierarchy of the 
physical characteristics of the subject merchandise to use LGC's 
proposed centrifugal retention capacity (CRC) characteristic reporting 
of 4 g/g increments, and to include LGC's proposed two additional 
characteristics (absorbency under pressure (AUP) and permeability 
(PERM)) based on its finding that the alternative CRC increments and 
inclusion of AUP and PERM were commercially significant.\2\ Commerce 
subsequently published the AD order on SAP from Korea.\3\
---------------------------------------------------------------------------

    \1\ See Certain Superabsorbent Polymers From the Republic of 
Korea: Final Determination of Sales at Less Than Fair Value, 87 FR 
65035 (October 27, 2022) (Final Determination), and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ See Final Determination IDM at 3-14.
    \3\ See Certain Superabsorbent Polymers from the Republic of 
Korea: Antidumping Duty Order, 87 FR 77794 (December 20, 2022).
---------------------------------------------------------------------------

    The Ad Hoc Coalition of American SAP Producers (Coalition) appealed 
Commerce's Final Determination. On March 1, 2024, the CIT remanded the 
Final Determination to Commerce to: (1) reconsider or further explain 
the commercial significance of the characteristics adopted into 
Commerce's model match hierarchy when compared to those adopted in the 
preliminary determination, in particular narrower 4 g/g ranges for CRC, 
as well as AUP and PERM, which the CIT held to be unsupported by 
substantial evidence in the final determination; (2) further explain 
whether and to what extent Commerce verified the alternative sales and 
cost information upon which it relied in the final determination; and 
(3) address the Coalition's concern that LGC's defined characteristics 
created a possibility of manipulation, which could result in a 
distorted dumping margin.\4\
---------------------------------------------------------------------------

    \4\ See Ad Hoc Coalition of American SAP Producers v. United 
States, Court No. 23-00010, Slip Op. 24-26 (CIT March 1, 2024).
---------------------------------------------------------------------------

    In its final remand redetermination, issued in June 2024, Commerce 
determined that there is no additional information on the record that 
would support the finding that narrower 4 g/g ranges for CRC and the 
inclusion of AUP and PERM are commercially significant and should be 
included in the model match hierarchy.\5\ As a result, Commerce revised 
the model match

[[Page 303]]

hierarchy to only include CRC in 6 g/g increments. Further, because 
Commerce revised the model match hierarchy, it did not address the 
CIT's concerns regarding whether Commerce sufficiently verified the 
alternative cost and sales data upon which it relied in its final 
determination or further consider the issue of potential manipulation 
using the model match hierarchy put forth by LGC (i.e., including AUP, 
PERM, and CRC at 4 g/g increments).\6\ The CIT sustained Commerce's 
final redetermination.\7\
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, The Ad Hoc Coalition of American SAP Producers v. United 
States, Court No. 23-00010, Slip Op. 24-00026 (CIT March 1, 2024), 
dated June 14, 2024.
    \6\ Id.
    \7\ See Ad Hoc Coalition of American SAP Producers v. United 
States, Court No. 23-00010, Slip Op. 24-141 (CIT December 17, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's December 17, 
2024, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Determination. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \9\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to LGC and all other producers and 
exporters as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
LG Chem, Ltd............................................           26.05
All Others..............................................           26.05
------------------------------------------------------------------------

Amended AD Order

    Pursuant to section 735(c)(2) of the Act, Commerce shall ``issue an 
antidumping duty order under section 736'' of the Act when the final 
determination is affirmative. As a result of this amended final 
determination, Commerce is hereby amending the Order to revise the 
weighted-average dumping margins assigned to LGC and all-other 
producers and exporters of subject merchandise, as noted above.

Cash Deposit Requirements

    Because LGC does not have a superseding cash deposit rate, i.e., 
there have been no final results published in a subsequent 
administrative review, and because of the change to the rate assigned 
to all other producers and exporters of subject merchandise, Commerce 
will issue revised cash deposit instructions to U.S. Customs and Border 
Protection.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: December 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31591 Filed 1-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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