Federal Register/Vol. 85, No. 62/Tuesday, March 31, 2020/Notices

Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices 17861

Estimated Cash deposit weighted- rate Exporter Producer average (adjusted for dumping margin subsidy offsets) (percent) (percent)

YEKALON INDUSTRY, INC ...... Oriental Chic Furniture Company Limited ...... 48.50 37.96 YEKALON INDUSTRY, INC ...... DONGGUAN FRANCISS FURNITURE CO., LTD .. 48.50 37.96 YEKALON INDUSTRY, INC ...... SHANGHAI YUANYANG WOODEN CO., LTD ...... 48.50 37.96 Yi Sen Wood Industry Limited Company of Ning An Yi Sen Wood Industry Limited Company of Ning 48.50 37.96 City. An City. Yichun Dongmeng Wood Co., Ltd ...... Yichun Dongmeng Wood Co., Ltd ...... 48.50 37.96 Yichun Dongmeng Wood Co., Ltd ...... Qingdao Dimei Wood Co., Ltd ...... 48.50 37.96 Yichun Sunshine Wood Products Co., Ltd ...... Yichun Sunshine Wood Products Co., Ltd ...... 48.50 37.96 Yixing Pengjia Cabinetry Co. Ltd ...... Yixing Pengjia Cabinetry Co. Ltd ...... 48.50 37.96 Zhangjiagang Daye Hotel Furniture Co., Ltd ...... Zhangjiagang Daye Hotel Furniture Co., Ltd ...... 48.50 37.96 ZHANGJIAGANG PRO–FIXTURE CO., LTD ...... Zhangjiagang Yuanjiahe Home Furniture Co., Ltd .. 48.50 37.96 ZHANGZHOU CITY XIN JIA HUA FURNITURE ZHANGZHOU CITY XIN JIA HUA FURNITURE 48.50 37.96 CO., LTD. CO., LTD. Zhangzhou Guohui Industrial & Trade Co., Ltd ...... Zhangzhou Guohui Industrial & Trade Co., Ltd ...... 48.50 37.96 Zhangzhou OCA Furniture Co., Ltd ...... Zhangzhou OCA Furniture Co., Ltd ...... 48.50 37.96 Zhaoqing Centech Decorative Material Company Zhaoqing Centech Decorative Material Company 48.50 37.96 Ltd. Ltd. Zhejiang Jindi Holding Group Co., Ltd ...... Zhejiang Jindi Holding Group Co., Ltd ...... 48.50 37.96 Zhong Shan Shi Yicheng Furniture & Craftwork Co., Zhong Shan Shi Yicheng Furniture & Craftwork 48.50 37.96 Ltd. Co., Ltd. Zhong Shan Yue Qin Imp. & Exp. Co., Ltd ...... Zhongshan Jinpeng Furniture Co., Ltd ...... 48.50 37.96 Zhongshan City Shenwan Meiting Furniture Factory Zhongshan City Shenwan Meiting Furniture Fac- 48.50 37.96 tory. Zhongshan Fookyik Furniture Co., Ltd ...... Zhongshan Fookyik Furniture Co., Ltd ...... 48.50 37.96 ZHONGSHAN GAINWELL FURNITURE CO., LTD ZHONGSHAN GAINWELL FURNITURE CO., LTD 48.50 37.96 Zhongshan Guanda Furniture Manufacturing Co., Zhongshan Guanda Furniture Manufacturing Co., 48.50 37.96 Ltd also known as Guanda Furniture Co., Ltd. Ltd. ZHONGSHAN HENGFU FURNITURE COMPANY ZHONGSHAN HENGFU FURNITURE COMPANY 48.50 37.96 LIMITED. LIMITED. Zhongshan King’s Group Furniture (ENTER- Zhongshan King’s Group Furniture (ENTER- 48.50 37.96 PRISES) Co., Ltd. PRISES) Co., Ltd. Zhoushan For-strong Wood Co., Ltd ...... Zhoushan For-strong Wood Co., Ltd ...... 48.50 37.96 Zhoushan For-strong Wood Co., Ltd ...... Shanghai Wanmuda Furniture Co., Ltd ...... 48.50 37.96 Zhucheng Tonghe Woodworks Co., ltd ...... Zhucheng Tonghe Woodworks Co., ltd ...... 48.50 37.96 Zhuhai Seagull Kitchen and Bath Products Co., Ltd Zhuhai Seagull Kitchen and Bath Products Co., Ltd 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... DONGGUAN FANG CHENG FURNITURE LTD ..... 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... ZhongShan PRO–YEARN Crafts Product Co., Ltd 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... FUJIAN NEWMARK INDUSTRIAL CO., LTD ...... 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... Fuzhou Zhonghe Houseware CO., LTD ...... 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... MING LIANG FURNITURE PRODUCT CO., LTD .. 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... XIANJU JUNYANG HOUSEHOLD PRODUCTS 48.50 37.96 CO., LTD. ZIEL INTERNATIONAL CO., LIMITED ...... DongGuan HeTai Homewares CO., LTD ...... 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... CHENG TONG HARDWARE PRODUCT LTD ...... 48.50 37.96 ZIEL INTERNATIONAL CO., LIMITED ...... Nantong Jon Ergonomic Office Co., Ltd ...... 48.50 37.96 China-Wide Entity ...... 262.18 251.64

Suspension of Liquidation International Trade Commission of this DEPARTMENT OF COMMERCE correction notice. Suspension of liquidation and cash International Trade Administration deposit rates for all producers and Notification to Interested Parties exporters of subject merchandise from [A–580–907] This corrected final determination is China are unaffected by this correction Ultra-High Molecular Weight notice. Refer to the Final Determination issued and published in accordance with sections 735(d) and 777(i)(1) of the Polyethylene From the Republic of for the suspension instructions in effect Korea: Initiation of Less-Than-Fair- at the time of the issuance of this notice. Tariff Act of 1930, as amended, and 19 CFR 351.210(c). Value Investigation Public Comment Dated: March 25, 2020. AGENCY: Enforcement and Compliance, Commerce is not accepting public Jeffrey I. Kessler, International Trade Administration, Department of Commerce. comments in response to this corrected Assistant Secretary for Enforcement and final determination. Compliance. DATES: Applicable March 24, 2020. International Trade Commission [FR Doc. 2020–06645 Filed 3–30–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: Notification BILLING CODE 3510–DS–P Darla Brown or Ian Hamilton, AD/CVD Operations, Office II, Enforcement and In accordance with section 735(d) of Compliance, International Trade the Act, Commerce will notify the Administration, U.S. Department of

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Commerce, 1401 Constitution Avenue Commerce finds that the petitioner 2020, which is 20 calendar days from NW, Washington, DC 20230; telephone: filed the Petition on behalf of the the signature date of this notice. Any (202) 482–1791 or (202) 482–4798, domestic industry, because the rebuttal comments, which may include respectively. petitioner is an interested party, as factual information, must be filed by SUPPLEMENTARY INFORMATION: defined by section 771(9)(C) of the Act. 5:00 p.m. ET on April 23, 2020, which Commerce also finds that the petitioner is 10 calendar days from the initial The Petition demonstrated sufficient industry comment deadline.8 On March 4, 2020, the U.S. support with respect to the initiation of Commerce requests that any factual Department of Commerce (Commerce) the requested AD investigation.4 information parties consider relevant to received an antidumping duty (AD) Period of Investigation the scope of the investigation be petition concerning imports of ultra- submitted during this period. However, Because the Petition was filed on high molecular weight polyethylene if a party subsequently finds that March 4, 2020, pursuant to 19 CFR (ultra-high polyethylene) from the additional factual information 351.204(b)(1), the period of Republic of Korea (Korea), filed in pertaining to the scope of the investigation (POI) is January 1, 2019 proper form on behalf of Celanese investigation may be relevant, the party through December 31, 2019. Corporation (the petitioner).1 may contact Commerce and request On March 6 and 12, 2020, Commerce Scope of the Investigation permission to submit the additional information. requested supplemental information The product covered by this pertaining to certain aspects of the investigation is ultra-high molecular Filing Requirements 2 Petition. On March 10 and 16, 2020, weight polyethylene from Korea. For a respectively, the petitioner filed its All submissions to Commerce must be full description of the scope of this filed electronically via Enforcement and responses to these supplemental investigation, see the appendix to this 3 Compliance’s Antidumping Duty and questionnaires. notice. In accordance with section 732(b) of Countervailing Duty Centralized the Act, the petitioner alleges that Comments on the Scope of the Electronic Service System (ACCESS).9 imports of ultra-high polyethylene from Investigation An electronically filed document must Korea are being, or are likely to be, sold During our review of the Petition, we be received successfully in its entirety in the United States at less than fair contacted the petitioner regarding the by the time and date it is due. value (LTFV) within the meaning of proposed scope to ensure that the scope Documents exempted from the section 731 of the Act, and that such language in the Petition is an accurate electronic submission requirements imports are materially injuring, or reflection of the products for which the must be filed manually (i.e., in paper threatening material injury to, the domestic industry is seeking relief.5 The form) with Enforcement and domestic industry producing ultra-high description of the merchandise covered Compliance’s APO/Dockets Unit, Room polyethylene in the United States. by this investigation, as described in the 18022, U.S. Department of Commerce, Consistent with section 732(b)(1) of the appendix to this notice, reflects these 1401 Constitution Avenue NW, Act, the Petition is accompanied by clarifications. Washington, DC 20230, and stamped information reasonably available to the Consistent with the Preamble to with the date and time of receipt by the petitioner supporting its allegation. Commerce’s regulations, we are setting applicable deadlines. aside a period for interested parties to Comments on Product Characteristics 1 See Petitioner’s Letter, ‘‘Petitioners for the raise issues regarding product coverage Imposition of Antidumping Duties: Ultra-High (i.e., scope).6 Commerce will consider Commerce is providing interested Molecular Weight Polyethylene from South Korea,’’ parties an opportunity to comment on dated March 3, 2020 (Petition). The Petition was all comments received from interested filed with Commerce and the U.S. International parties and, if necessary, will consult the appropriate physical characteristics Trade Commission (ITC) on March 3, 2020, after with interested parties prior to the of ultra-high polyethylene to be reported 12:00 noon, and pursuant to 19 CFR 207.10(a), is issuance of the preliminary in response to Commerce’s AD deemed to have been filed with the ITC on the next questionnaire. This information will be business day, March 4, 2020. Because section determination. If scope comments 732(b)(2) of the Tariff Act of 1930, as amended (the include factual information,7 all such used to identify the key physical Act), requires simultaneous filing of the Petition factual information should be limited to characteristics of the merchandise under with Commerce and the ITC, Commerce deemed the public information. To facilitate consideration in order to report the Petition to have been filed with Commerce on relevant costs of production accurately, March 4, 2020. See Memorandum, ‘‘Decision preparation of its questionnaire, Memorandum Concerning the Filing Date of the Commerce requests that all interested as well as to develop appropriate Petition,’’ dated March 9, 2020. parties submit scope comments by 5:00 product-comparison criteria. 2 See Commerce’s Letter, ‘‘Petition for the p.m. Eastern Time (ET) on April 13, Interested parties may provide any Imposition of Antidumping Duties on Imports of information or comments that they feel Ultra-High Molecular Weight Polyethylene from the 4 are relevant to the development of an Republic of Korea: Supplemental Questions,’’ dated See infra, section on ‘‘Determination of Industry March 6, 2020 (Supplemental Questionnaire); and Support for the Petition;’’ Antidumping Duty accurate list of physical characteristics. Memorandum, ‘‘Additional Supplemental Initiation Checklist: Ultra-High Polyethylene from Questions Regarding Antidumping Duty Petition,’’ the Republic of Korea (Initiation Checklist) at 8 See 19 CFR 351.303(b). dated March 12, 2020 (Second Supplemental Attachment II, Analysis of Industry Support for the 9 See Antidumping and Countervailing Duty Questionnaire). Antidumping Duty Petition Covering Ultra-High Proceedings: Electronic Filing Procedures; 3 See Petitioner’s Letter, ‘‘Petitioners {sic} for the Polyethylene from the Republic of Korea Administrative Protective Order Procedures, 76 FR Imposition of Antidumping Duties on Imports of (Attachment II). 39263 (July 6, 2011); see also Enforcement and Ultra-High Molecular Weight Polyethylene from the 5 See Supplemental Questionnaire and Second Compliance; Change of Electronic Filing System Republic of Korea: Supplemental Questions,’’ dated Supplemental Questionnaire; Petition Supplement Name, 79 FR 69046 (November 20, 2014), for details March 10, 2020 (Petition Supplement); and at Exhibit GEN–SUP–11; and Petition Second of Commerce’s electronic filing requirements, Petitioner’s Letter, ‘‘Petitioners {sic} for the Supplement at Exhibit GEN–2SUP–1. effective August 5, 2011. Information on help using Imposition of Antidumping Duties on Imports of 6 See Antidumping Duties; Countervailing Duties, ACCESS can be found at https://access.trade.gov/ Ultra-High Molecular Weight Polyethylene from the Final Rule, 62 FR 27296, 27323 (May 19, 1997) help.aspx and a handbook can be found at https:// Republic of Korea: Additional Supplemental (Preamble). access.trade.gov/help/Handbook Questions,’’ dated March 16, 2020 (Petition Second 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual %20on%20Electronic%20Filling Supplement). information’’). %20Procedures.pdf.

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Specifically, they may provide Section 771(4)(A) of the Act defines own production of the domestic like comments as to which characteristics the ‘‘industry’’ as the producers as a product in 2019, as well as estimated are appropriate to use as: (1) General whole of a domestic like product. Thus, 2019 effective total U.S. production product characteristics; and (2) product to determine whether a petition has the capacity of the only other known comparison criteria. We note that it is requisite industry support, the statute producer of domestic like product.15 To not always appropriate to use all directs Commerce to look to producers establish industry support, the product characteristics as product and workers who produce the domestic petitioner compared its production to comparison criteria. We base product like product. The ITC, which is the estimated total production of the comparison criteria on meaningful responsible for determining whether domestic like product for the entire commercial differences among products. ‘‘the domestic industry’’ has been domestic industry.16 We relied on data In other words, although there may be injured, must also determine what provided by the petitioner for purposes some physical product characteristics constitutes a domestic like product in of measuring industry support.17 utilized by manufacturers to describe order to define the industry. While both Our review of the data provided in the ultra-high polyethylene, it may be that Commerce and the ITC must apply the Petition, the General Issues Supplement, only a select few product characteristics same statutory definition regarding the the Second General Issues Supplement, take into account commercially domestic like product,11 they do so for and other information readily available meaningful physical characteristics. In different purposes and pursuant to a to Commerce indicates that the addition, interested parties may separate and distinct authority. In petitioner has established industry comment on the order in which the addition, Commerce’s determination is support for the Petition.18 First, the physical characteristics should be used subject to limitations of time and Petition established support from in matching products. Generally, information. Although this may result in domestic producers (or workers) Commerce attempts to list the most different definitions of the like product, accounting for more than 50 percent of important physical characteristics first such differences do not render the the total production of the domestic like and the least important characteristics decision of either agency contrary to product and, as such, Commerce is not last. law.12 required to take further action in order In order to consider the suggestions of Section 771(10) of the Act defines the to evaluate industry support (e.g., 19 interested parties in developing and domestic like product as ‘‘a product polling). Second, the domestic issuing the AD questionnaire, all which is like, or in the absence of like, producers (or workers) have met the product characteristics comments must most similar in characteristics and uses statutory criteria for industry support be filed by 5:00 p.m. ET on April 13, with, the article subject to an under section 732(c)(4)(A)(i) of the Act 2020, which is 20 calendar days from investigation under this title.’’ Thus, the because the domestic producers (or 10 the signature date of this notice. Any reference point from which the workers) who support the Petition rebuttal comments must be filed by 5:00 domestic like product analysis begins is account for at least 25 percent of the p.m. ET on April 23, 2020. All total production of the domestic like ‘‘the article subject to an investigation’’ 20 comments and submissions to (i.e., the class or kind of merchandise to product. Finally, the domestic Commerce must be filed electronically be investigated, which normally will be producers (or workers) have met the using ACCESS, as explained above, on the scope as defined in the petition). statutory criteria for industry support the record of the investigation. With regard to the domestic like under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or Determination of Industry Support for product, the petitioner does not offer a workers) who support the Petition the Petition definition of the domestic like product account for more than 50 percent of the distinct from the scope of the Section 732(b)(1) of the Act requires production of the domestic like product investigation.13 Based on our analysis of that a petition be filed on behalf of the produced by that portion of the industry the information submitted on the domestic industry. Section 732(c)(4)(A) expressing support for, or opposition to, record, we have determined that ultra- of the Act provides that a petition meets the Petition.21 Accordingly, Commerce high polyethylene, as defined in the this requirement if the domestic determines that the Petition was filed on scope, constitutes a single domestic like producers or workers who support the behalf of the domestic industry within product, and we have analyzed industry petition account for: (i) At least 25 the meaning of section 732(b)(1) of the support in terms of that domestic like percent of the total production of the Act.22 domestic like product; and (ii) more product.14 than 50 percent of the production of the In determining whether the petitioner Allegations and Evidence of Material domestic like product produced by that has standing under section 732(c)(4)(A) Injury and Causation portion of the industry expressing of the Act, we considered the industry The petitioner alleges that the U.S. support for, or opposition to, the support data contained in the Petition industry producing the domestic like petition. Moreover, section 732(c)(4)(D) with reference to the domestic like product is being materially injured, or is of the Act provides that, if the petition product as defined in the ‘‘Scope of the threatened with material injury, by does not establish support of domestic Investigation,’’ in the appendix to this producers or workers accounting for notice. To establish domestic 15 See Volume I of the Petition at 6–7 and Exhibit more than 50 percent of the total production, the petitioner provided its GEN–2; see also Petition Supplement at 2–5 and Exhibits GEN–SUP–2 through GEN–SUP–7, and production of the domestic like product, GEN–SUP–10; and Second Petition Supplement at 11 See section 771(10) of the Act. Commerce shall: (i) Poll the industry or 1. 12 See USEC, Inc. v. United States, 132 F. Supp. 16 Id. rely on other information in order to 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 17 determine if there is support for the v. United States, 688 F. Supp. 639, 644 (CIT 1988), Id. For further discussion, see Initiation petition, as required by subparagraph aff’d 865 F. 2d 240 (Fed. Cir. 1989)). Checklist at Attachment II. 18 (A); or (ii) determine industry support 13 See Volume I of the Petition at 14–18 and Id. 19 See section 732(c)(4)(D) of the Act; see also using a statistically valid sampling Exhibits GEN–12 and GEN–18. 14 For a discussion of the domestic like product Initiation Checklist at Attachment II. method to poll the ‘‘industry.’’ analysis as applied to this case and information 20 See Initiation Checklist at Attachment II. regarding industry support, see Initiation Checklist 21 Id. 10 See 19 CFR 351.303(b). at Attachment II. 22 Id.

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reason of the imports of the subject market research for ultra-high factual information within the meaning merchandise sold at LTFV. In addition, polyethylene produced in and sold, or of 19 CFR 351.102(b)(21). Parties the petitioner alleges that subject offered for sale, in Korea within the wishing to comment must do so within imports exceed the negligibility POI.28 The petitioner deducted foreign three business days of the publication of threshold provided for under section inland freight expenses from the home this notice in the Federal Register. 771(24)(A) of the Act.23 market prices.29 Comments must be filed electronically The petitioner contends that the Fair Value Comparisons using ACCESS. An electronically-filed industry’s injured condition is document must be received successfully illustrated by a significant and Based on the data provided by the in its entirety via ACCESS by 5:00 p.m. increasing volume of subject imports; petitioner, there is reason to believe that ET on the specified deadline. reduced market share; underselling and imports of ultra-high polyethylene from price depression or suppression; lost Korea are being, or are likely to be, sold Distribution of Copies of the Petition sales and revenues; and declining in the United States at LTFV. Based on In accordance with section financial performance.24 We have comparisons of EP to NV, in accordance 732(b)(3)(A) of the Act and 19 CFR assessed the allegations and supporting with sections 772 and 773 of the Act, 351.202(f), copies of the public version evidence regarding material injury, the estimated dumping margins for of the Petition have been provided to threat of material injury, causation, as ultra-high polyethylene from Korea the Government of Korea via ACCESS. well as negligibility, and we have range from 13.16 to 153.35 percent.30 To the extent practicable, we will determined that these allegations are Initiation of LTFV Investigation attempt to provide a copy of the public properly supported by adequate version of the Petition to each exporter evidence, and meet the statutory We find that the Petition and named in the Petition, as provided supplemental responses meet the requirements for initiation.25 under 19 CFR 351.203(c)(2). requirements of section 732 of the Act. Allegations of Sales at LTFV Therefore, we are initiating an AD ITC Notification The following is a description of the investigation to determine whether We will notify the ITC of our allegations of sales at LTFV upon which imports of ultra-high polyethylene from initiation, as required by section 732(d) Commerce based its decision to initiate Korea are being, or are likely to be, sold of the Act. an AD investigation of imports of ultra- in the United States at LTFV. In Preliminary Determination by the ITC high polyethylene from Korea. The accordance with section 733(b)(1)(A) of sources of data for the deductions and the Act and 19 CFR 351.205(b)(1), The ITC will preliminarily determine, adjustments relating to U.S. price and unless postponed, we will make our within 45 days after the date on which normal value (NV) are discussed in preliminary determinations no later the Petition was filed, whether there is greater detail in the Initiation Checklist. than 140 days after the date of this a reasonable indication that imports of initiation. ultra-high polyethylene from Korea are Export Price Respondent Selection materially injuring, or threatening The petitioner based export price (EP) material injury to, a U.S. industry.32 A Although Commerce normally relies on the average unit values (AUVs) of the negative ITC determination will result on import data from using U.S. Customs official U.S. import statistics obtained in the investigation being terminated.33 and Border Protection import statistics from the ITC’s Dataweb (Dataweb). The Otherwise, this AD investigation will to determine whether to select a limited petitioner made deductions from these proceed according to statutory and number of producers/exporters for AUVs for foreign inland freight regulatory time limits. expenses. The petitioner also based EP individual examination in AD on an offer for sale from Korea investigations, the petitioner identified Submission of Factual Information Petrochemical Industry Corporation only one company in Korea, i.e., KPIC, Factual information is defined in 19 (KPIC) to a customer of the petitioner. as a producer/exporter of ultra-high CFR 351.102(b)(21) as: (i) Evidence polyethylene and provided The petitioner made deductions from submitted in response to questionnaires; independent, third-party information as this offer for sale for foreign inland (ii) evidence submitted in support of support.31 We currently know of no freight expenses, foreign brokerage and allegations; (iii) publicly available additional producers/exporters of ultra- handling charges, ocean freight information to value factors under 19 high polyethylene from Korea. expenses, marine insurance expenses, CFR 351.408(c) or to measure the Accordingly, Commerce intends to merchandise processing fees, U.S. adequacy of remuneration under 19 CFR examine all known Korean producers/ brokerage and handling charges, and 351.511(a)(2); (iv) evidence placed on exporters (i.e., KPIC). We invite U.S. inland freight expenses.26 the record by Commerce; and (v) interested parties to comment on this evidence other than factual information Normal Value 27 issue. Such comments may include described in (i)–(iv). 19 CFR 351.301(b) The petitioner based NV on home requires any party, when submitting section 773(b)(2) of the Act, for this investigation, market price quotes obtained through Commerce will request information necessary to factual information, to specify under calculate the constructed value and cost of which subsection of 19 CFR 23 See Volume I of the Petition at 19 and Exhibit production (COP) to determine whether there are 351.102(b)(21) the information is being GEN–8; see also Petition Supplement at 5. reasonable grounds to believe or suspect that sales submitted 34 and, if the information is 24 See Volume I of the Petition at 20–22 and of the foreign like product have been made at prices Exhibits GEN–9 and GEN–10; see also Petition that represent less than the COP of the product. submitted to rebut, clarify, or correct Supplement at 5–7 and Exhibit GEN–SUP–9. Commerce no longer requires a COP allegation to factual information already on the 25 See Initiation Checklist at Attachment III, conduct this analysis. record, to provide an explanation Analysis of Allegations and Evidence of Material 28 See Initiation Checklist at 6–8. identifying the information already on 29 Injury and Causation for the Antidumping Duty Id. the record that the factual information Petition Covering Ultra-High Molecular Weight 30 Id. Polyethylene from the Republic of Korea. 31 See Volume I of the Petition at 12 and Exhibit 26 See Initiation Checklist at 6–8. GEN–15, Volume II of the Petition at 4 and Exhibit 32 See section 733(a) of the Act. 27 In accordance with section 505(a) of the Trade AD–II–1; see also Petition Supplement at Exhibit 33 Id. Preferences Extension Act of 2015, amending AD–II–SUP–13. 34 See 19 CFR 351.301(b).

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seeks to rebut, clarify, or correct.35 Time on the due date. Under certain Dated: March 24, 2020. limits for the submission of factual circumstances, we may elect to specify Jeffrey I. Kessler, information are addressed in 19 CFR a different time limit by which Assistant Secretary for Enforcement and 351.301, which provides specific time extension requests will be considered Compliance. limits based on the type of factual untimely for submissions which are due information being submitted. Interested from multiple parties simultaneously. In Appendix parties should review the regulations such a case, we will inform parties in a Scope of the Investigation prior to submitting factual information letter or memorandum setting forth the in this investigation. The merchandise covered by the scope is deadline (including a specified time) by ultra-high molecular weight polyethylene. Particular Market Situation Allegation which extension requests must be filed Ultra-high molecular weight polyethylene is Section 504 of the Trade Preferences to be considered timely. An extension a linear polyethylene, in granular or powder Extension Act of 2015 amended the Act request must be made in a separate, form. It is defined by its melt mass-flow rate ° by adding the concept of particular stand-alone submission; under limited of <0.1 g/10 min, measured at 190 C and market situation (PMS) for purposes of circumstances we will grant untimely- 21.6 kg load, based on the methods and constructed value under section 773(e) filed requests for the extension of time calculations set forth in the International of the Act.36 Section 773(e) of the Act limits. Parties should review Extension Organization for Standardization (ISO) states that ‘‘if a particular market of Time Limits; Final Rule, 78 FR 57790 standards 21304–1 and 21304–2. Ultra-high situation exists such that the cost of (September 20, 2013), available at molecular weight polyethylene has a Chemical Abstract Service (CAS) registry materials and fabrication or other http://www.gpo.gov/fdsys/pkg/FR-2013- number of 9002–88–4. processing of any kind does not 09-20/html/2013-22853.htm, prior to The scope includes all ultra-high accurately reflect the cost of production submitting factual information in this molecular weight polyethylene in granular or in the ordinary course of trade, the investigation. powder forms meeting the above administering authority may use Certification Requirements specifications regardless of additives another calculation methodology under introduced in the manufacturing process. this subtitle or any other calculation Any party submitting factual Ultra-high molecular weight polyethylene methodology.’’ When an interested information in an AD or countervailing blended with other products is included in party submits a PMS allegation pursuant duty proceeding must certify to the the scope of this investigation where ultra- to section 773(e) of the Act, Commerce accuracy and completeness of that high molecular weight polyethylene accounts will respond to such a submission information.37 Parties must use the for more than 50 percent, by actual weight, consistent with 19 CFR 351.301(c)(2)(v). certification formats provided in 19 CFR of the blend and the resulting blend If Commerce finds that a PMS exists 351.303(g).38 Commerce intends to maintains a melt mass-flow rate of <0.1 g/10 under section 773(e) of the Act, then it min. will modify its dumping calculations reject factual submissions if the submitting party does not comply with Excluded from the scope of the appropriately. investigation is medical-grade ultra-high the applicable certification Neither section 773(e) of the Act nor molecular weight polyethylene. Medical 19 CFR 351.301(c)(2)(v) sets a deadline requirements. grade ultra-high molecular weight for the submission of PMS allegations Notification to Interested Parties polyethylene has a minimum viscosity of and supporting factual information. 2,000 ml/g at a concentration of 0.02% at 135 However, in order to administer section Interested parties must submit °C (275 °F) in decahydronaphthalene and an 773(e) of the Act, Commerce must applications for disclosure under elongational stress of 0.2 MPa or greater. receive PMS allegations and supporting Administrative Protective Order (APO) Medical-grade ultra-high molecular weight factual information with enough time to in accordance with 19 CFR 351.305. On polyethylene is further defined by its ash and consider the submission. Thus, should January 22, 2008, Commerce published trace element content, which shall not an interested party wish to submit a Antidumping and Countervailing Duty exceed the following maximum quantities as PMS allegation and supporting new Proceedings: Documents Submission set forth in ISO–5834–1: ash (125 mg/kg), factual information pursuant to section Procedures; APO Procedures, 73 FR titanium (40 mg/kg), calcium (5 mg/kg), 773(e) of the Act, it must do so no later 3634 (January 22, 2008). Parties wishing chlorine (30 mg/kg), and aluminum (20 mg/ than 20 days after submission of a kg). ISO 5834–1 further defines medical to participate in this investigation respondent’s initial section D grade ultra-high molecular weight should ensure that they meet the questionnaire response. polyethylene by its particulate matter requirements of these procedures (e.g., content, which requires that there shall be no Extensions of Time Limits the filing of letters of appearance as more than three particles of contaminant per Parties may request an extension of discussed at 19 CFR 351.103(d)). 300 ± 20 g tested. Each of the above criteria time limits before the expiration of a This notice is issued and published is calculated based on the standards and time limit established under 19 CFR pursuant to sections 732(c)(2) and 777(i) methods used in ISO 5834–1. 351.301, or as otherwise specified by of the Act, and 19 CFR 351.203(c). Ultra-high molecular weight polyethylene Commerce. In general, an extension is classifiable under the HTSUS subheadings request will be considered untimely if it 3901.10.1000 and 3901.20.1000. Although is filed after the expiration of the time the HTSUS subheadings and CAS registry limit established under 19 CFR 351.301. number are provided for convenience and customs purposes, the written description of For submissions that are due from 37 See section 782(b) of the Act. the scope is dispositive. multiple parties simultaneously, an 38 See Certification of Factual Information to extension request will be considered Import Administration During Antidumping and [FR Doc. 2020–06589 Filed 3–30–20; 8:45 am] untimely if it is filed after 10:00 a.m. ET Countervailing Duty Proceedings, 78 FR 42678 (July BILLING CODE 3510–DS–P 17, 2013) (Final Rule). Answers to frequently asked 35 See 19 CFR 351.301(b)(2). questions regarding the Final Rule are available at 36 See Trade Preferences Extension Act of 2015, http://enforcement.trade.gov/tlei/notices/factual_ Public Law 114–27, 129 Stat. 362 (2015). info_final_rule_FAQ_07172013.pdf.

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