[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2390-2394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00452]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-905]


4th Tier Cigarettes From the Republic of Korea: Initiation of 
Less-Than-Fair-Value Investigation

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


DATES: Applicable January 7, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Ariela Garvett, 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) 
482-3609, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On December 18, 2019, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 4th 
tier cigarettes (cigarettes or 4th tier cigarettes) from the Republic 
of Korea (Korea), filed in proper form by the Coalition Against Korean 
Cigarettes (the Coalition or the petitioner), the members of which are 
domestic producers of cigarettes.\1\
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    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping Duties on 4th Tier Cigarettes from the Republic of 
Korea,'' dated December 18, 2019 (Petition). The members of the 
Coalition are Xcaliber International and Cheyenne International. See 
Volume I of the Petition, at 1.
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    On December 20, 2019, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in a supplemental 
questionnaire.\2\ The petitioner filed its response to the supplemental 
questionnaire on December 27, 2019.\3\
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    \2\ See Commerce's Letter, ``Petition for the Imposition of 
Antidumping Duties on Imports of 4th Tier Cigarettes from the 
Republic of Korea: Supplemental Questions,'' dated December 20, 2019 
(Supplemental Questionnaire).
    \3\ See Petitioner's Letter, ``4th Tier Cigarettes from the 
Republic of Korea: Response to Department of Commerce 
Questionnaire,'' dated December 27, 2019 (Petition Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of cigarettes 
from Korea are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing cigarettes in the 
United States. Consistent with section 732(b)(1) of the Act, the 
Petition is accompanied by information reasonably available to the 
petitioner supporting its allegation.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in sections 771(9)(C) and (E) of the Act. Commerce also 
finds that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the requested AD investigation.\4\
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    \4\ See infra, section on ``Determination of Industry Support 
for the Petition''; Antidumping Duty Initiation Checklist: 4th Tier 
Cigarettes from the Republic of Korea (Initiation Checklist), at 
Attachment II, Analysis of Industry Support for the Antidumping Duty 
Petition Covering 4th Tier Cigarettes from the Republic of China 
(Attachment II).
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Period of Investigation

    Because the Petition was filed on December 18, 2019, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is October 1, 2018 
through September 30, 2019.

Scope of the Investigation

    The product covered by this investigation is cigarettes from Korea. 
For a full description of the scope of this investigation, see the 
Appendix to this notice.

Comments on the Scope of the Investigation

    During our review of the Petition, we contacted the petitioner 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\5\ As a result, the scope of the 
Petition was modified to clarify the description of the merchandise 
covered by the Petition.
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    \5\ See Supplemental Questionnaire; see also Petition 
Supplement.
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    Commerce has not, however, adopted the following language, which 
was included in the scope provided by the petitioner:

    Excluded from the scope of this investigation are cigarettes 
that legally bear the valid and enforceable brand and/or trademark 
of a company who is a participating member of the Master Settlement 
Agreement (MSA) of November 1998.\6\
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    \6\ See Petition Supplement, at Exhibit I-Supp-11.

This language would not actually exclude any subject merchandise from 
the scope. This is because, according to the petitioner, the sole 
producer/exporter of 4th tier cigarettes in Korea is not a 
participating manufacturer in the MSA.\7\ Accordingly, the language 
would be unnecessary and add confusion to the administration and 
enforcement of this scope.\8\
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    \7\ See Petition Supplement, at 1, 4-5, and 9.
    \8\ The statute provides Commerce with the sole authority to 
determine the scope of its investigations. See Canadian Solar, Inc. 
v. United States, 918 F.3d 909, 917 (Fed. Cir. 2019).
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    In addition, the purpose of a scope in an antidumping investigation 
is to define the physical merchandise that is being investigated and 
possibly sold for less than normal value. However, the language quoted 
above does not use brands or trademarks to define the physical 
merchandise proposed to be excluded, but instead relies on brands and 
trademarks to identify producers or exporters whose products might or 
might not be subject to the investigation. This is an additional reason 
that we are

[[Page 2391]]

not incorporating the proposed language into the scope at this time.
    Consistent with the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\9\ If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that all interested parties submit scope comments by 
5:00 p.m. Eastern Time (ET) on January 27, 2020, which is 20 calendar 
days from the signature date of this notice. Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
February 6, 2020, which is 10 calendar days from the initial comment 
deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the record of the investigation.
    Commerce will consider all comments received and, if necessary, 
consult with the interested parties prior to the issuance of the 
preliminary determination.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of 4th tier cigarettes to 
be reported in response to Commerce's AD questionnaire. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to report the relevant 
costs of production accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe 4th tier cigarettes, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all product 
characteristics comments must be filed by 5:00 p.m. ET on January 27, 
2020, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
February 6, 2020. All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the record of 
the investigation.
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    \13\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a

[[Page 2392]]

definition of the domestic like product distinct from the scope of the 
Petition.\16\ Based on our analysis of the information submitted on the 
record, we have determined that 4th tier cigarettes, as defined in the 
scope, constitute a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\17\
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    \16\ See Volume I of the Petition, at 9-13 and Exhibits I-8 
through I-14.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Initiation Checklist, at Attachment II. This checklist is dated 
concurrently with this notice and on file electronically via ACCESS. 
Documents filed via ACCESS are also available in the Central Records 
Unit, Room B8024 of the main Commerce building.
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    On January 3, 2020, we received comments on industry support from 
KT&G Corporation (KT&G), a foreign producer of cigarettes.\18\ On 
January 6, 2020, the petitioner responded to KT&G's industry support 
comments.\19\ On January 7, 2020, we received additional comments on 
industry support from KT&G.\20\
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    \18\ See KT&G's Letter, ``Fourth Tier Cigarettes from the 
Republic of Korea: Pre-Initiation Comments on Industry Support,'' 
dated January 3, 2020.
    \19\ See Petitioner's Letter, ``4th Tier Cigarettes from the 
Republic of Korea: Response to KT&G's Comments on Petitioner's 
Standing,'' dated January 6, 2020.
    \20\ See KT&G's Letter, ``Fourth Tier Cigarettes from the 
Republic of Korea: Further Information and Argument Related to 
Industry Support,'' dated January 7, 2020.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided 
data on its own 2018 production of the domestic like product and 
compared this to the estimated total production of the domestic like 
product for the entire domestic industry.\21\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\22\
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    \21\ See Volume I of the Petition, at 2-3 and Exhibits I-2 and 
I-3; see also Petition Supplement, at 13-14 and Exhibit I-Supp-19.
    \22\ See Volume I of the Petition, at 2-3 and Exhibits I-2 and 
I-3; see also Petition Supplement, at 13-14 and Exhibit I-Supp-19. 
For further discussion, see Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the Petition 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\23\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\24\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\25\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\26\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
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    \23\ See Initiation Checklist, at Attachment II. We address 
comments raised by KT&G Corporation and the petitioner after the 
filing of the Petition Supplement in Attachment II.
    \24\ See section 732(c)(4)(D) of the Act; see also Initiation 
Checklist, at Attachment II.
    \25\ See Initiation Checklist, at Attachment II.
    \26\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
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    \27\ See Volume I of the Petition, at 18-19 and Exhibit I-5.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declining financial performance; a decline in 
the domestic industry's capacity utilization and production and related 
workers; shuttered manufacturing facilities and bankruptcies; and 
actual and potential negative effects on cash flow.\28\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\29\
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    \28\ Id. at 7-9, 14-28 and Exhibits I-2, I-5, I-7, I-8 and I-16 
through I-24.
    \29\ See Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping Duty Petition Covering 4th Tier Cigarettes from the 
Republic of China (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of imports of cigarettes from Korea. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the Initiation Checklist.

Export Price

    The petitioner based export price (EP) on the average unit value of 
the official U.S. import statistics obtained from the ITC's Dataweb 
(Dataweb). The petitioner made deductions from U.S. price for foreign 
inland freight and foreign brokerage and handling charges.\30\
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    \30\ See Initiation Checklist at 6-7.
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Normal Value

    The petitioner based NV on home market price quotes obtained 
through market research for cigarettes produced in and sold, or offered 
for sale, in Korea within the POI.\31\ The petitioner deducted foreign 
inland freight and taxes and fees from the home market prices.\32\ The 
petitioner provided information indicating that the home market prices 
were below the cost of production (COP) and, therefore, the petitioner 
calculated NV based on constructed value (CV).\33\ For further 
discussion of CV, see the section ``Normal Value Based on Constructed 
Value.'' \34\
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    \31\ Id.
    \32\ Id.
    \33\ Id.
    \34\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, for 
these investigations, Commerce will request information necessary to 
calculate the CV and cost of production (COP) to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product. Commerce no longer requires a COP 
allegation to conduct this analysis.
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Normal Value Based on Constructed Value

    As noted above, the home market prices were below COP; accordingly, 
the petitioner based NV on CV. Pursuant to section 773(e) of the Act, 
CV consists of the cost of manufacturing (COM), selling, general, and 
administrative (SG&A) expenses, financial expenses, and profit. The 
petitioner calculated the

[[Page 2393]]

COM based on the input factors of production and usage rates from a 
U.S. producer of cigarettes. The input factors of production were 
valued using publicly available data on costs specific to Korea, during 
the proposed POI.\35\ Specifically, the prices for raw materials and 
energy inputs were valued using publicly available import and domestic 
price data for Korea.\36\ Labor costs were valued using publicly 
available sources for Korea.\37\ The petitioner calculated factory 
overhead, SG&A expenses, financial expenses, and profit for Korea based 
on the ratios found in the experience of a Korean producer of identical 
merchandise.\38\
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    \35\ Id.
    \36\ Id.
    \37\ Id.
    \38\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of cigarettes from Korea are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of EP to 
NV in accordance with sections 772 and 773 of the Act, the estimated 
dumping margin for cigarettes from Korea ranges from 7.10 to 113.06 
percent.\39\
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    \39\ Id.
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Initiation of LTFV Investigation

    We find that the Petition and supplemental response meet the 
requirements of section 732 of the Act. Therefore, we are initiating an 
AD investigation to determine whether imports of cigarettes from Korea 
are being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    Although Commerce normally relies on import data from using United 
States Customs and Border Protection import statistics to determine 
whether to select a limited number of producers/exporters for 
individual examination in AD investigations, the petitioner identified 
only one company in Korea, i.e., KT&G, as a producer/exporter of 
cigarettes and provided independent, third-party information as 
support.\40\ We currently know of no additional producers/exporters of 
cigarettes from Korea. Accordingly, Commerce intends to examine all 
known producers/exporters (i.e., KT&G). We invite interested parties to 
comment on this issue. Such comments may include factual information 
within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment 
must do so within three business days of the publication of this notice 
in the Federal Register. Comments must be filed electronically using 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 5 
p.m. ET by the specified deadline.
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    \40\ See Volume I of the Petition, at 6 and 26 and Exhibits I-4, 
I-7, and I-17, Volume II of the Petition, at Exhibit II-2; see also 
Petition Supplement at 1 and Exhibit I-Supp-21.
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the Government of Korea via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of cigarettes from Korea are materially 
injuring, or threatening material injury to, a U.S. industry.\41\ A 
negative ITC determination will result in the investigation being 
terminated.\42\ Otherwise, this AD investigation will proceed according 
to statutory and regulatory time limits.
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    \41\ See section 733(a) of the Act.
    \42\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being 
submitted\43\ and, if the information is submitted to rebut, clarify, 
or correct factual information already on the record, to provide an 
explanation identifying the information already on the record that the 
factual information seeks to rebut, clarify, or correct.\44\ Time 
limits for the submission of factual information are addressed in 19 
CFR 351.301, which provides specific time limits based on the type of 
factual information being submitted. Interested parties should review 
the regulations prior to submitting factual information in this 
investigation.
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    \43\ See 19 CFR 351.301(b).
    \44\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of CV under section 773(e) of the Act.\45\ Section 773(e) of 
the Act states that ``if a particular market situation exists such that 
the cost of materials and fabrication or other processing of any kind 
does not accurately reflect the cost of production in the ordinary 
course of trade, the administering authority may use another 
calculation methodology under this subtitle or any other calculation 
methodology.'' When an interested party submits a PMS allegation 
pursuant to section 773(e) of the Act, Commerce will respond to such a 
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds 
that a PMS exists under section 773(e) of the Act, then it will modify 
its dumping calculations appropriately.
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    \45\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) sets 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301.

[[Page 2394]]

For submissions that are due from multiple parties simultaneously, an 
extension request will be considered untimely if it is filed after 
10:00 a.m. ET on the due date. Under certain circumstances, we may 
elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, we will inform parties in a 
letter or memorandum setting forth the deadline (including a specified 
time) by which extension requests must be filed to be considered 
timely. An extension request must be made in a separate, stand-alone 
submission; under limited circumstances we will grant untimely-filed 
requests for the extension of time limits. Parties should review 
Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), 
available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this 
investigation.

Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty proceeding must certify to the accuracy and completeness of that 
information.\46\ Parties must use the certification formats provided in 
19 CFR 351.303(g).\47\ Commerce intends to reject factual submissions 
if the submitting party does not comply with the applicable 
certification requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305. On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is certain tobacco 
cigarettes, commonly referred to as ``4th tier cigarettes.'' The 
subject cigarettes are composed of a tobacco blend rolled in paper, 
have a nominal minimum total length of 7.0 cm but do not exceed 12.0 
cm in total nominal length, and have a nominal diameter of less than 
1.3 cm. These sizes of cigarettes are frequently referred to as 
``Kings'' and ``100's,'' but subject merchandise that meets the 
physical description of the scope is included regardless of the 
marketing description of the size of the cigarettes. Subject 
merchandise typically has a tobacco blend that consists of 10% or 
more tobacco stems.
    Subject merchandise is typically sold in packs of 20 cigarettes 
per pack which generally includes the marking ``20 Class A 
Cigarettes'' but are included regardless of packaging. 4th tier 
cigarette packages are typically sold in boxes without a rounded 
internal corner and without embossed aluminum foil inside the pack.
    Both menthol and non-menthol cigarettes and cigarettes with or 
without a filter attached are covered by the scope of this 
investigation.
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 2402.20.8000. This HTSUS subheading is 
provided for convenience and customs purposes; the written 
description of the scope of the investigation is dispositive.

[FR Doc. 2020-00452 Filed 1-14-20; 8:45 am]
 BILLING CODE 3510-DS-P