90 FR 77 pgs. 17044-17048 - Certain Monomers and Oligomers From the Republic of Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations
Type: NOTICEVolume: 90Number: 77Pages: 17044 - 17048
Pages: 17044, 17045, 17046, 17047, 17048Docket number: [A-580-921, A-583-879]
FR document: [FR Doc. 2025-06933 Filed 4-22-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
[top]
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
Footnotes:
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
Footnotes:
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
Footnotes:
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.
Footnotes:
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.
Footnotes:
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.
Footnotes:
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
[top] 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
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
Footnotes:
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
Footnotes:
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
Footnotes:
15 ?For further discussion, see Attachment II of the Country-Specific AD Initiation Checklists.
16 ? Id.
[top] 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,
Footnotes:
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
Footnotes:
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
Footnotes:
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
Footnotes:
25 ? See Country-Specific AD Initiation Checklists.
26 ? Id.
Normal Value? 27
Footnotes:
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."
Footnotes:
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
Footnotes:
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
Footnotes:
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
Footnotes:
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
Footnotes:
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.
[top] 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
Footnotes:
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.
Footnotes:
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.
Footnotes:
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
Footnotes:
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.
Footnotes:
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.
[top]
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
Footnotes:
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 dimethacrylate (TEGDMA) | C 14 H 22 O 6 . |
| 13048-33-4 | 1,6-hexanediol diacrylate (HDDA) | C 12 H 18 O 4 . |
| 42978-66-5 | Tripropylene glycol diacrylate (TPGDA) | C 15 H 24 O 6 . |
| 3290-92-4 | Trimethylolpropane trimethacrylate (TMPTMA) | C 18 H 26 O 6 . |
| 15625-89-5 | Trimethylolpropane triacrylate (TMPTA) | C 15 H 20 O 6 . |
| 28961-43-5 | Ethoxylated trimethylol-propane triacrylate (EOTMPTA) | (C 2 H 4 O) n (C 2 H 4 O) n (C 2 H 4 O) n C 15 H 20 O 6 . |
| 57472-68-1 | Dipropylene glycol diacrylate (DPGDA) | C 12 H 18 O 5 . |
| 55818-57-0 | Bisphenol-A-epichlorohydrin copolymer acrylate (EPOXY ACRYLATE) | (C 15 H 16 O 2 ·C 3 H 5 ClO) x ·xC 3 H 4 O 2 . |
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