[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17044-17048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06933]
[[Page 17044]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-921, A-583-879]
Certain Monomers and Oligomers From the Republic of Korea and
Taiwan: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 16, 2025.
FOR FURTHER INFORMATION CONTACT: Peter Shaw (the Republic of Korea
(Korea)) and Jaron Moore (Taiwan), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0697 and (202) 482-3640, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 27, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
monomers and oligomers (monomers and oligomers) from Korea and Taiwan
filed in proper form on behalf of Arkema, Inc. (the petitioner), a
domestic producer of monomers and oligomers.\1\ The AD Petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of monomers and oligomers from Taiwan.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated March 27, 2025
(Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between March 31 and April 8, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ On April 4 and 11 2025, the petitioner
filed timely responses to these requests for additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
March 31, 2025 (First General Issues Questionnaire) and Country-
Specific Supplemental Questionnaires: Korea Supplemental and Taiwan
Supplemental, dated April 1, 2025; see also Memorandum, ``Phone Call
with Counsel to the Petitioner,'' dated April 8, 2025 (April 8
Memorandum).
\4\ See Petitioner's Letters, ``Response to General Issues and
Injury Supplemental Questions,'' dated April 4, 2025 (First General
Issues Supplement); see also Country-Specific AD Supplemental
Responses: Korea AD Supplement and Taiwan AD Supplement, dated April
4, 2025; and ``Response to Supplemental Questions,'' dated April 11,
2025 (Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of monomers and
oligomers from Korea and Taiwan 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 imports of such products are
materially injuring, or threatening material injury to, the monomers
and oligomers industry in the United States. Consistent with section
732(b)(1) of the Act, 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)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Period of Investigations (POI)
Because the Petitions were filed on March 27, 2025, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the Korea and
Taiwan LTFV investigations is January 1, 2024, through December 31,
2024.
Scope of the Investigations
The products covered by these investigations are monomers and
oligomers from 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 March 31 and April 8, 2025, 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.\6\ Between March 31 and April 11, 2025, the petitioner provided
clarifications and revised the scope.\7\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\6\ See First General Issues Questionnaire; see also April 8
Memorandum.
\7\ See First General Issues Supplement at 9-11 and Exhibits
Supp-I-2 and Supp-I-3; see also Second General Issues Supplement at
1-6 and Exhibits Supp2-I-1 through Supp2-I-3. On March 31, 2025, the
petitioner also filed an amendment containing technical
modifications to the scope in the Petitions. See Petitioner's
Letter, ``Amendment to Petition,'' dated March 31, 2025.
---------------------------------------------------------------------------
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).\8\ Commerce will consider all scope
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,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on May 6, 2025, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on May 16, 2025, which is 10 calendar days from
the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that 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
LTFV 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.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of monomers and oligomers
to be reported in response to Commerce's AD
[[Page 17045]]
questionnaires. This information will be used to identify the key
physical characteristics of the subject merchandise in order to report
the relevant cost of production (COP) 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 monomers and oligomers, 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 questionnaires, all product
characteristics comments must be filed by 5 p.m. ET on May 6, 2025,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments, which may include factual information, and should
also be limited to public information, must be filed by 5 p.m. ET on
May 16, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
each of the LTFV investigations.
Determination of Industry Support for the Petitions
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 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 must apply the same statutory definition regarding the domestic
like product,\11\ 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.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ 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)).
---------------------------------------------------------------------------
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.\13\ Based on our analysis of the information
submitted on the record, we have determined that monomers and
oligomers, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\14\
---------------------------------------------------------------------------
\13\ See Petitions at Volume I (pages I-10 through I-12); see
also First General Issues Supplement at 12-17 and Exhibit I-Supp-7;
and Second General Issues Supplement at 6-7.
\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Certain Monomers and Oligomers from the Republic of
Korea and Taiwan,'' dated concurrently with, and hereby adopted by,
this notice (Country-Specific AD Initiation Checklists), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Monomers and
Oligomers from the Republic of Korea and Taiwan (Attachment II).
These checklists are on file electronically via ACCESS.
---------------------------------------------------------------------------
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 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 2024 production and compared this to the estimated total production
of the domestic like product for the entire domestic industry.\15\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\16\
---------------------------------------------------------------------------
\15\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\16\ Id.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\17\ 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 in order to evaluate industry support
(e.g., polling).\18\ 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 Petitions account for at least 25 percent of the total
production of the domestic like product.\19\ 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 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,
[[Page 17046]]
the Petitions.\20\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\21\
---------------------------------------------------------------------------
\17\ Id.
\18\ Id.; see also section 732(c)(4)(D) of the Act.
\19\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\20\ Id.
\21\ Id.
---------------------------------------------------------------------------
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.\22\
---------------------------------------------------------------------------
\22\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain Monomers and
Oligomers from the Republic of Korea and Taiwan.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; declines
in production, capacity, capacity utilization, and U.S. shipments;
declines in profitability, operating income, net income, cash flow,
return on assets, capital expenditures, and research and development
expenditures; and lost sales and revenues.\23\ 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.\24\
---------------------------------------------------------------------------
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
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 LTFV investigations
of imports of monomers and oligomers from Korea and Taiwan. 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 Country-
Specific AD Initiation Checklists.
U.S. Price
For Korea and Taiwan, the petitioner based export price (EP) on
transaction-specific average unit values (AUVs) (i.e., month-and port-
specific AUVs) derived from official import statistics and ship
manifest data.\25\ The petitioner made certain adjustments to U.S.
price to calculate a net ex-factory U.S price, where applicable.\26\
---------------------------------------------------------------------------
\25\ See Country-Specific AD Initiation Checklists.
\26\ Id.
---------------------------------------------------------------------------
Normal Value 27
---------------------------------------------------------------------------
\27\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and 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.
---------------------------------------------------------------------------
For Korea and Taiwan, the petitioner stated that it was unable to
obtain home market or third-country pricing information for monomers
and oligomers in Korea or Taiwan to use as a basis for NV.\28\
Therefore, for Korea and Taiwan, the petitioner based NV based on CV.
For further discussion of CV, see the section ``Normal Value Based on
Constructed Value.''
---------------------------------------------------------------------------
\28\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above for Korea and Taiwan, the petitioner stated that it
was unable to obtain home market or third-country prices for monomers
and oligomers to use as a basis for NV. Therefore, for Korea and
Taiwan, the petitioner calculated NV based on CV.\29\
---------------------------------------------------------------------------
\29\ Id.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\30\ For Korea and Taiwan, in calculating the cost
of manufacturing, the petitioner relied on its own production
experience and input consumption rates for monomers and oligomers,
valued using publicly available information applicable to Korea and
Taiwan.\31\ For calculating SG&A expenses, financial expenses, and
profit ratios, the petitioner relied on the 2023 and 2024 financial
statements of a producer of identical merchandise domiciled in Taiwan
and Korea, respectively.\32\
---------------------------------------------------------------------------
\30\ Id.
\31\ Id.
\32\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of monomers and oligomers from Korea and Taiwan
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 margins for monomers and
oligomers from each of the countries covered by this initiation are as
follows: (1) Korea--137.84 to 188.01 percent; (2) and Taiwan--112.81 to
286.12 percent.\33\
---------------------------------------------------------------------------
\33\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of monomers and oligomers from Korea and Taiwan 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 these
initiations.
Respondent Selection
In the Petitions, the petitioner identified eight companies in
Korea and seven companies in Taiwan as producers and/or exporters of
monomers and oligomers.\34\
---------------------------------------------------------------------------
\34\ See Petitions at Volume I (pages I-8 and I-9 and Exhibits
I-6 and I-7); see also First General Issues Supplement at 8 and
Exhibit Supp-I-1.
---------------------------------------------------------------------------
Following standard practice in LTFV investigations involving market
economy countries, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for imports under the appropriate Harmonized
Tariff Schedule of the United States (HTSUS) subheading(s) listed in
the ``Scope of the Investigations,'' in the appendix.
On April 15, 2025, Commerce released CBP data on imports of
monomers and oligomers from 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 on 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.\35\ Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5 p.m. ET on the specified deadline.
Commerce will not accept rebuttal comments
[[Page 17047]]
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\35\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated April 15, 2025.
---------------------------------------------------------------------------
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 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the governments of Korea and Taiwan via ACCESS. To the
extent practicable, we will 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 our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of monomers and oligomers from Korea and/or
Taiwan are materially injuring, or threatening material injury to, a
U.S. industry.\36\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\37\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\36\ See section 733(a) of the Act.
\37\ Id.
---------------------------------------------------------------------------
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). 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 \38\ 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.\39\ 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.
---------------------------------------------------------------------------
\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating 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 (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based 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 cost-based 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.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
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.\40\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10 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.\41\
---------------------------------------------------------------------------
\40\ 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.
\41\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
---------------------------------------------------------------------------
[[Page 17048]]
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO 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 letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\44\
---------------------------------------------------------------------------
\44\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
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: April 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The products subject to these investigations are certain
multifunctional acrylate and methacrylate monomers, and acrylated
bisphenol-A epoxy based oligomers (collectively, certain monomers
and oligomers or CMOs) that are derived from chemical reactions
involving the use of acrylic or methacrylic acid. Products within
the scope are listed below and have the following Chemical Abstracts
Service (CAS) numbers:
------------------------------------------------------------------------
CAS No. Description Molecular formula
------------------------------------------------------------------------
109-16-0.................... Triethylene glycol C14H22O6.
dimethacrylate
(TEGDMA).
13048-33-4.................. 1,6-hexanediol C12H18O4.
diacrylate (HDDA).
42978-66-5.................. Tripropylene glycol C15H24O6.
diacrylate (TPGDA).
3290-92-4................... Trimethylolpropane C18H26O6.
trimethacrylate
(TMPTMA).
15625-89-5.................. Trimethylolpropane C15H20O6.
triacrylate (TMPTA).
28961-43-5.................. Ethoxylated (C2H4O)n(C2H4O)n(C2H
trimethylol-propane 4O)nC15H20O6.
triacrylate
(EOTMPTA).
57472-68-1.................. Dipropylene glycol C12H18O5.
diacrylate (DPGDA).
55818-57-0.................. Bisphenol-A- (C15H16O2[middot]C3H
epichlorohydrin 5ClO)x[middot]xC3H4
copolymer acrylate O2.
(EPOXY ACRYLATE).
------------------------------------------------------------------------
The monomers are generally known as multifunctional acrylates
(MFAs) or multifunctional methacrylates (MFMAs) depending on whether
the functional groups are acrylate or methacrylate. The monomers
generally contain stabilizers/inhibitors, which include but are not
limited to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy
Toluene. The monomers are either difunctional or trifunctional
(having 2 or 3 functional groups/molecule), have viscosities of 9 to
15 centipoise (cPs) at 25 degrees Celsius (if difunctional) or 44 to
110 cPs at 25 degrees Celsius (if trifunctional), have (meth)
acrylate equivalent weights (molecular weight per number of
functional groups) between 99 and 158 and molecular weights between
226 and 472 grams per mol.
The acrylated bisphenol-A epoxy based oligomer is commonly
referred to as epoxy acrylate or acrylated epoxy. In contrast to
epoxy resin, the main characteristic of the epoxy acrylate oligomer
is that it contains acrylate functional groups which make them
curable by free-radical polymerization. The epoxy acrylate has a
molecular weight between 508 to 536 grams per mol and a viscosity of
2400 to 3600 cPs at 65 degrees Celsius. The epoxy acrylate generally
contains stabilizers/inhibitors, which include but are not limited
to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy Toluene.
Certain monomers and oligomers are subject to the scope even if
an in-scope monomer or oligomer is blended or mixed with one or more
other in-scope monomers or oligomers.
Certain monomers and oligomers in any blend or mixture are also
subject to the scope, so long as the blend or mixture contains no
less than 20 percent by weight of in-scope CMOs.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing, or removing ingredients, or
performing any other processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
subject country.
The scope also includes CMOs that are commingled, mixed or
blended with in-scope product from sources not subject to these
investigations.
Only the subject component(s) of such blends, mixtures or
commingled products described above is covered by the scope of these
investigations. Subject merchandise contained in a blended, mixed or
commingled product described above will not have undergone a
chemical reaction as a result of being blended, mixed or commingled.
Notwithstanding the above, specifically excluded from the scope
are downstream products, including but not limited to, inks,
coatings and overprint varnishes. For purposes of this exclusion,
the downstream product requires only the application of energy to be
cured, e.g., inks or varnish applied to packaging, coatings applied
to wood flooring, etc. The energy source required to cure the
downstream product to its substrate can be thermal, ultraviolet
radiation, visible light, electron beam radiation, or infrared
radiation.
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
2916.12.5050, 2916.14.2050, 3824.99.2900, 3907.29.0000 and
3907.30.0000. Subject merchandise may also be entered under
subheadings 2916.12.1000 and 3824.99.9397. The HTSUS subheadings and
CAS registry numbers are provided for convenience and customs
purposes only; the written description of the scope is dispositive.
[FR Doc. 2025-06933 Filed 4-22-25; 8:45 am]
BILLING CODE 3510-DS-P