[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Page 51011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-905]


4th Tier Cigarettes From the Republic of Korea: Postponement of 
Final Determination of Sales at Less-Than-Fair-Value Investigation

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

SUMMARY: The Department of Commerce (Commerce) is postponing the 
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of 4th tier cigarettes from the Republic of 
Korea (Korea) until December 4, 2020, and is extending the provisional 
measures from a four-month period to a period of not more than six 
months.

DATES: Applicable August 19, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482-3936, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2020, Commerce initiated an LTFV investigation of 
imports of 4th tier cigarettes from Korea.\1\ The period of 
investigation is October 1, 2018 through September 30, 2019. On July 
22, 2020, Commerce published its Preliminary Determination in this LTFV 
investigation.\2\
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    \1\ See 4th Tier Cigarettes from the Republic of Korea: 
Initiation of Less-Than-Fair-Value Investigation, 85 FR 2390 
(January 15, 2020).
    \2\ See 4th Tier Cigarettes from the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, and Preliminary Negative Determination of Critical 
Circumstances, 85 FR 44281 (July 22, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
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Postponement of Final Determination

    Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.210(b)(2) provide 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 the exporters or producers 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. Further, 19 CFR 351.210(e)(2) requires that 
such postponement requests by exporters be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
of not more than six months, in accordance with section 733(d) of the 
Act.
    On July 22, 2020, KT&G Corporation (KT&G), the mandatory respondent 
in this investigation, requested that Commerce postpone the deadline 
for the final determination until no later than 135 days from the 
publication of the Preliminary Determination; and on July 28, 2020, 
KT&G requested that Commerce extend the application of the provisional 
measures from a four-month period to a period of not more than six 
months.\3\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination was 
affirmative; (2) the request was made by the exporter and producer who 
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 until no later than 135 days 
after the date of the publication of the Preliminary Determination, and 
extending the provisional measures from a four-month period to a period 
of not more than six months. Accordingly, Commerce will issue its final 
determination no later than December 4, 2020.
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    \3\ See KT&G's Letter, ``4th Tier Cigarettes from the Republic 
of Korea: Request for Postponement of Final Determination,'' dated 
July 22, 2020; and KT&G's Letter, ``4th Tier Cigarettes from the 
Republic of Korea: Request to Extend Provisional Measures Period,'' 
dated July 28, 2020.
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Notice to Interested Parties

    This notice is issued and published pursuant to section 735(a)(2) 
of the Act and 19 CFR 351.210(g).

    Dated: August 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-18155 Filed 8-18-20; 8:45 am]
BILLING CODE 3510-DS-P