[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33319-33324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09159]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-167, C-533-927, C-580-920, C-583-877]


Certain Epoxy Resins From the People's Republic of China, India, 
the Republic of Korea, and Taiwan: Initiation of Countervailing Duty 
Investigations

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

DATES: Applicable April 23, 2024.

FOR FURTHER INFORMATION CONTACT: Nathan James (the People's Republic of 
China (China)), Eliza DeLong (India), Thomas Martin (the Republic of 
Korea (Korea)), and Whitley Herndon (Taiwan), AD/CVD Operations, 
Offices V, V, IV, and IX, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305, (202) 482-
3878, (202) 482-3936, and (202) 482-6274, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On April 3, 2024, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
certain epoxy resins (epoxy resins) from China, India, Korea, and 
Taiwan filed in proper form on behalf of U.S. Epoxy Resin Producers Ad 
Hoc Coalition (the petitioner).\1\ The CVD petitions were accompanied 
by antidumping duty (AD) petitions concerning imports of epoxy resins 
from

[[Page 33320]]

China, India, Korea, Taiwan, and Thailand.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated April 3, 2024 (the 
Petitions). The members of the U.S. Epoxy Resin Producers Ad Hoc 
Coalition are Olin Corporation and Westlake Corporation.
    \2\ Id.
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    Between April 8 and 16, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ Between 
April 11 and 18, 2024, the petitioner filed timely responses to these 
requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Epoxy Resins from China: 
Supplemental Questions,'' dated April 9, 2024; ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Epoxy 
Resins from India: Supplemental Questions,'' dated April 9, 2024; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Epoxy Resins from South Korea: Supplemental Questions,'' 
dated April 8, 2024; ``Petitions for the Imposition of 
Countervailing Duties on Imports of Certain Epoxy Resins from 
Taiwan: Supplemental Questions,'' dated April 8, 2024; and 
``Supplemental Questions,'' dated April 8, 2024 (General Issues 
Questionnaire); see also Memorandum, ``Phone Call,'' dated April 16, 
2024 (April 16 Memorandum).
    \4\ See Petitioner's Letters, ``Petitioner's Response to Volume 
I Supplemental Questionnaire,'' dated April 12, 2024 (First General 
Issues Supplement); ``Petitioner's Response to Volume VIII 
Supplemental Questionnaire (China Countervailing Duties),'' dated 
April 15, 2024; ``Petitioner's Response to Volume VIII Supplemental 
Questionnaire (India Countervailing Duties),'' dated April 11, 2024; 
``Petitioner's Response to Volume IX Supplemental Questionnaire 
(South Korea Countervailing Duties),'' dated April 11, 2024; 
``Petitioner's Response to Volume X Supplemental Questionnaire 
(Taiwan Countervailing Duties),'' dated April 15, 2024; and 
``Petitioner's Response to Second General Issues Supplemental 
Questionnaire,'' dated April 18, 2024 (Second General Issues 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC), the Government of India (GOI), the Government of Korea (GOK), 
and the Taiwan Authorities (TA) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
producers of epoxy resins from China, India, Korea, and Taiwan, 
respectively, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing epoxy 
resins in the United States. Consistent with section 702(b)(1) of the 
Act and 19 CFR 351.202(b), for those alleged programs on which we are 
initiating CVD investigations, the Petitions were accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigations.\6\
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    \5\ The members of the petitioning coalition are interested 
parties under section 771(9)(C) of the Act.
    \6\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Period of Investigation

    Because the Petitions were filed on April 3, 2024, the period of 
investigation (POI) for China, India, Korea, and Taiwan investigations 
is January 1, 2023, through December 31, 2023.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The merchandise covered by these investigations are epoxy resins 
from China, India, Korea, and Taiwan. For a full description of the 
scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On April 8 and 16, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\8\ On April 12 and 18, 2024, the petitioner provided 
clarifications and revised the scope.\9\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these revisions.
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    \8\ See General Issues Questionnaire; see also April 16 
Memorandum.
    \9\ See First General Issues Supplement at 3-10 and Exhibit I-
S4; see also Second General Issues Supplement at 2-3 and Exhibit I-
SS1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on May 13, 
2024, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 23, 2024, which is 10 
calendar days from the initial comment deadline.
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    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b)(1).
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

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), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ 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 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_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC, GOI, GOK, and TA of the receipt of the Petitions and 
provided an opportunity for consultations with respect to the 
Petitions.\14\ Commerce held consultations with the GOK on April 17, 
2024 \15\ and the TA April 19, 2024.\16\ The GOC and the GOI did not 
request consultations.\17\
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    \14\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Epoxy Resins from China: 
Invitation for Consultations,'' dated April 15, 2024; 
``Countervailing Duty Petition on Certain Epoxy Resins from India: 
Invitation for Consultations,'' dated April 3, 2024; 
``Countervailing Duty Petition on Certain Epoxy Resins from the 
Republic of Korea,'' dated April 8, 2024; and ``Countervailing Duty 
Petition on Certain Epoxy Resins from Taiwan: Invitation for 
Consultations to Discuss Countervailing Duty Petition,'' dated April 
4, 2024.
    \15\ See Memorandum, ``Countervailing Duty Petition Regarding 
Certain Epoxy Resins from the Republic of Korea (Korea): 
Consultations with Officials from the Government of Korea,'' dated 
April 19, 2024.
    \16\ See Memorandum, ``Countervailing Duty Petition Regarding 
Certain Epoxy Resins from Taiwan: Consultations with the Taiwan 
Authorities,'' dated April 19, 2024.
    \17\ In lieu of consultations, the GOC submitted comments 
regarding the initiation. See GOC's Letter, ``China-USA 
Consultations with Respect to the Possible Initiation of 
Countervailing Investigation against Certain Epoxy Resins from 
China,'' dated April 18, 2024.

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[[Page 33321]]

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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 U.S. 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 apply the same statutory definition regarding the domestic like 
product,\18\ 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.\19\
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    \18\ See section 771(10) of the Act.
    \19\ 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 definition of the domestic like product distinct from the scope 
of the investigations.\20\ Based on our analysis of the information 
submitted on the record, we have determined that epoxy resins, as 
described in the domestic like product definition set forth in the 
Petitions, constitute a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\21\
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    \20\ See Petitions at Volume I (pages 17-21 and Exhibits I-18 
through I-23); see also First General Issues Supplement at 12-15 and 
Exhibit I-S6; and Second General Issues Supplement at 8.
    \21\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Countervailing Duty Investigation Initiation 
Checklists: Certain Epoxy Resins from the People's Republic of 
China, India, the Republic of Korea, Taiwan, and Thailand,'' dated 
concurrently with, and hereby adopted by, this notice (Country-
Specific CVD Initiation Checklists), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Certain Epoxy Resins from the People's Republic 
of China, India, the Republic of Korea, Taiwan, and Thailand 
(Attachment II). These checklists are on file electronically via 
ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023 and compared this 
to total production for the domestic like product by the U.S. epoxy 
resins industry.\22\ We relied on the data provided by the petitioner 
for purposes of measuring industry support.\23\ Our review of the data 
provided in the Petitions, the First General Issues Supplement, the 
Second General Issues Supplement, and other information readily 
available to Commerce indicates that the petitioner has established 
industry support for the Petitions.\24\ First, the Petitions 
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 
to evaluate industry support (e.g., polling).\25\ Second, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(i) of the Act because the domestic 
producers (or workers) who support the Petitions account for at least 
25 percent of the total production of the domestic like product.\26\ 
Finally, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(c)(4)(A)(ii) of the Act 
because the domestic producers (or workers) who support the Petitions 
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 Petitions.\27\ Accordingly, Commerce 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.\28\
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    \22\ See Petitions at Volume I (pages 6-7 and Exhibit I-5); see 
also First General Issues Supplement at 10-12 and Exhibits I-S2 and 
I-S5; and Second General Issues Supplement at 3-8 and Exhibits I-SS2 
through I-SS5.
    \23\ See Petitions at Volume I (pages 6-7 and Exhibit I-5); see 
also First General Issues Supplement at 10-12 and Exhibits I-S2 and 
I-S5; and Second General Issues Supplement at 3-8 and Exhibits I-SS2 
through I-SS5. For further discussion, see Attachment II of the 
Country-Specific AD Initiation Checklists.
    \24\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \25\ Id.; see also section 702(c)(4)(D) of the Act.
    \26\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \27\ Id.
    \28\ Id.
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Injury Test

    Because China, India, Korea, and Taiwan are ``Subsidies Agreement 
Countries'' within the meaning of section 701(b) of the Act, section 
701(a)(2) of the Act applies to these investigations. Accordingly, the 
ITC must determine whether imports of the subject merchandise from 
China, India, Korea, and Taiwan materially injure, or threaten material 
injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from Korea and Taiwan exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\29\
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    \29\ See Petitions at Volume I (page 22 and Exhibit I-7).
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    With regard to China, while the allegedly subsidized imports do not

[[Page 33322]]

exceed the statutory requirements for negligibility,\30\ the petitioner 
alleges and provides supporting evidence that: (1) a significant 
portion of the imported epoxy resins entering through Canada into the 
U.S. market are produced in China, and once the transshipment issue is 
corrected, imports from China are not negligible; \31\ and (2) there is 
the potential that imports from China will imminently exceed the 
negligibility threshold and, therefore, are not negligible for purposes 
of a threat determination.\32\ With regard to India, while the 
allegedly subsidized imports do not exceed the statutory requirements 
for negligibility,\33\ the petitioner alleges and provides supporting 
evidence that there is the potential that imports from India will 
imminently exceed the negligibility threshold and, therefore, are not 
negligible for purposes of a threat determination.\34\ The petitioner's 
arguments regarding the potential for imports from India and China to 
imminently exceed the negligibility threshold are consistent with the 
statutory criteria for ``negligibility in threat analysis'' under 
section 771(24)(A)(iv) of the Act, which provides that imports shall 
not be treated as negligible if there is a potential that subject 
imports from a country will imminently exceed the statutory 
requirements for negligibility.
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    \30\ Id. at 23-24 and Exhibits I-7, I-14, I-24, and I-25.
    \31\ Id. at 23-25 and Exhibits I-7, I-14, I-24, and I-25.
    \32\ Id. at 23 and Exhibit I-31; see also First General Issues 
Supplement at 15-17 and I-S7.
    \33\ See Petitions at Volume I (page 25-26 and Exhibit I-24).
    \34\ Id. at 25-26.
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; reduced 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; and adverse impact on U.S. shipments, 
production, capacity utilization, and financial performance.\35\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, cumulation, as well as 
negligibility, and we have determined that these allegations are 
properly supported by adequate evidence and meet the statutory 
requirements for initiation.\36\
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    \35\ Id. at 22-46 and Exhibits I-4 through I-7, I-14, I-16, I-
22, I-24 through I-26, and I-28 through I-31; see also First General 
Issues Supplement at 17 and Exhibit I-S8; and Second General Issues 
Supplement at 8 and Exhibit I-SS6.
    \36\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Certain Epoxy Resins from the People's Republic 
of China, India, the Republic of Korea, Taiwan, and Thailand.
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Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of epoxy resins from China, India, Korea, and Taiwan 
benefit from countervailable subsidies conferred by the GOC, GOI, GOK, 
and TA, respectively. In accordance with section 703(b)(1) of the Act 
and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determinations no later than 65 days after the date of 
these initiations.

China

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 16 of 18 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist.

India

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 15 of 16 of 
the programs alleged by the petitioner. For a full discussion of the 
basis for our decision to initiate on each program, see the India CVD 
Initiation Checklist.

Korea

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all 32 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Korea CVD 
Initiation Checklist.

Taiwan

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 22 of the 28 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Taiwan CVD 
Initiation Checklist.

Respondent Selection

    In the Petitions, the petitioner identified 28 companies in China, 
six companies in India, three companies in Korea, and four companies in 
Taiwan (as producers and/or exporters of epoxy resins.\37\ Commerce 
intends to follow its standard practice in CVD investigations and 
calculate company-specific subsidy rates in these investigations. In 
the event that Commerce determines that the number of companies is 
large and it cannot individually examine each company based on 
Commerce's resources, where appropriate, Commerce intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of epoxy resins during the POI under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed 
within the ``Scope of the Investigations'' in the appendix.
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    \37\ See Petitions at Volume I (page 17 and Exhibit I-17); see 
also First General Issues Supplement at 2-3 and Exhibits I-S1 and I-
S3; and Second General Issues Supplement at 1.
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    On April 18, 2024, Commerce released the CBP data for imports of 
epoxy resins from China, India, Korea, and Taiwan under administrative 
protective order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment regarding the CBP data and/or respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of these investigations.\38\ Comments must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the date noted above. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \38\ See Memoranda, ``Countervailing Duty Petition on Certain 
Epoxy Resins from China: Release of Data from U.S. Customs and 
Border Protection,'' dated April 18, 2024; ``Countervailing Duty 
Investigation of Certain Epoxy Resins from India: Release of U.S. 
Customs and Border Protection Entry Data,'' dated April 18, 2024; 
``Countervailing Duty Investigation of Certain Epoxy Resins from the 
Republic of Korea (Korea): Release of U.S. Customs and Border 
Protection Entry Data,'' dated April 18, 2024; and ``Petition for 
the Imposition of Countervailing Duties on Imports of Certain Epoxy 
Resins from Taiwan: Release of U.S. Customs and Border Protection 
Entry Data,'' dated April 18, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC, GOI, GOK, and TA via ACCESS. To the extent 
practicable, we will

[[Page 33323]]

attempt to provide a copy of the public version of the Petitions to 
each exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions was filed, whether there is a reasonable 
indication that imports of epoxy resins from China, India, Korea, and/
or Taiwan are materially injuring, or threatening material injury to, a 
U.S. industry.\39\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\40\ Otherwise, these CVD investigations will proceed according 
to statutory and regulatory time limits.
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    \39\ See section 703(a)(1) of the Act.
    \40\ 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 of production 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). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \41\ 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.\42\ 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 these investigations.
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    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
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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 Commerce. 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, or as otherwise specified by 
Commerce.\43\ 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, Commerce 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 of 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, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\44\
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    \43\ See 19 CFR 351.302.
    \44\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\45\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\46\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \45\ See section 782(b) of the Act.
    \46\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://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 in accordance with 19 CFR 351.305. 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing 
the required letters of appearance). Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\47\
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    \47\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and dutiesof the Assistant Secretary for 
Enforcement and Compliance.

Appendix--Scope of the Investigations

    The merchandise subject to these investigations are fully or 
partially uncured epoxy resins, also known as epoxide resins, 
polyepoxides, oxirane resins, ethoxyline resins, diglycidyl ether of 
bisphenol, (chloromethyl)oxirane, or aromatic diglycidyl, which are 
polymers or prepolymers containing epoxy groups (i.e., three-
membered ring structures comprised of two carbon atoms and one 
oxygen atom). Epoxy resins range in physical form from low viscosity 
liquids to solids. All epoxy resins are covered by the scope of 
these investigations irrespective of physical form, viscosity, 
grade, purity, molecular weight, or molecular structure, and 
packaging.
    Epoxy resins may contain modifiers or additives, such as 
hardeners, curatives, colorants, pigments, diluents, solvents, 
thickeners, fillers, plasticizers, softeners, flame retardants, 
toughening agents, catalysts, Bisphenol F, and ultraviolet light 
inhibitors, so long as the modifier or additive has not chemically 
reacted so as to cure the epoxy resin or convert it into a different 
product no longer containing epoxy groups. Such epoxy resins with 
modifiers or additives are included in the scope where the epoxy 
resin component comprises no less than 30 percent of the total 
weight of the product. The scope also includes blends of epoxy 
resins with different types of epoxy resins, with or without the 
inclusion of modifiers and additives, so long as the combined epoxy 
resin component comprises at least 30 percent of the total weight of 
the blend.
    Epoxy resins that enter as part of a system or kit with 
separately packaged co-reactants, such as hardeners or curing 
agents, are within the scope. The scope does not include any 
separately packaged co-reactants that would not fall within the 
scope if entered on their own.
    The scope includes merchandise matching the above description 
that has been processed in a third country, including by 
commingling, diluting, introducing, or removing modifiers or 
additives, or performing any other processing that would not 
otherwise remove the merchandise from the scope of the 
investigations if performed in the subject country.

[[Page 33324]]

    The scope also includes epoxy resin that is commingled or 
blended with epoxy resin from sources not subject to these 
investigations. Only the subject component of such commingled 
products is covered by the scope of these investigations.
    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.

[FR Doc. 2024-09159 Filed 4-26-24; 8:45 am]
BILLING CODE 3510-DS-P