Initiation of AD Investigation: Ultra-High Molecular Weight Polyethylene from the Republic of Korea

CSMS #42153480 - Initiation of AD Investigation: Ultra-High Molecular Weight Polyethylene from the Republic of Korea U.S. Customs and Border Protection sent this bulletin at 03/25/2020 06:10 PM EDT   Cargo Systems Messaging Service CSMS #42153480 - Initiation of AD Investigation: Ultra-High Molecular Weight Polyethylene from the Republic of Korea On March 24, 2020, the Department of Commerce (Commerce) initiated its less-than-fair-value duty investigation on “Ultra-High Molecular Weight Polyethylene from the Republic of Korea” (Initiation Notice).  This investigation has been assigned the following case number: A-580-907. The Scope of Merchandise covered by this investigation reads as follows: The merchandise covered by the scope is ultra-high molecular weight polyethylene.  Ultra-high molecular weight polyethylene is a linear polyethylene, in granular or powder form.  It is defined by its melt mass-flow rate of <0.1 g/10 min, measured at 190°C and 21.6 kg load, based on the methods and calculations set forth in the International Organization for Standardization (ISO) standards 21304-1 and 21304-2.  Ultra-high molecular weight polyethylene has a Chemical Abstract Service (CAS) registry number of 9002-88-4. The scope includes all ultra-high molecular weight polyethylene in granular or powder forms meeting the above specifications regardless of additives introduced in the manufacturing process.  Ultra-high molecular weight polyethylene blended with other products is included in the scope of this investigation where ultra-high molecular weight polyethylene accounts for more than 50 percent, by actual weight, of the blend and the resulting blend maintains a melt mass-flow rate of <0.1 g/10 min. Excluded from the scope of the investigation is medical-grade ultra-high molecular weight polyethylene.  Medical grade ultra-high molecular weight polyethylene has a minimum viscosity of 2000 ml/g at a concentration of 0.02% at 135°C (275°F) in decahydronaphthalene and an elongational stress of 0.2 MPa or greater.  Medical-grade ultra-high molecular weight polyethylene is further defined by its ash and trace element content, which shall not exceed the following maximum quantities as set forth in ISO-5834-1:  ash (125 mg/kg), titanium (40 mg/kg), calcium (5 mg/kg), chlorine (30 mg/kg), and aluminum (20 mg/kg).  ISO 5834-1 further defines medical grade ultra-high molecular weight polyethylene by its particulate matter content, which requires that there shall be no more than three particles of contaminant per 300 ± 20 g tested.  Each of the above criteria is calculated based on the standards and methods used in ISO 5834-1. Ultra-high molecular weight polyethylene is classifiable under the HTSUS subheadings 3901.10.1000 and 3901.20.1000.  Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Requirements For Submitting Comments On The Scope Of The Investigation:  Please be sure to comply with all three requirements established below. Deadline for Submitting Comments: As announced in the Initiation Notice, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope).  The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate.  If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information.  Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on April 13, 2020, which is 20 calendar days from the signature date of this notice.  Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 23, 2020, which is 10 calendar days after the initial comments deadline.  Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period.  However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. Required Entry of Appearance: Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance.  Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access).  Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address. All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).  An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due.  Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures: ACCESS:Help Link  https://access.trade.gov/help.aspx ACCESS:  External User Guide https://access.trade.gov/help/ACCESS_User_Guide.pdf ACCESS:  Handbook on Electronic Filing Procedures https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011) http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html Required Certifications: Please note that certification requirements are in effect for company / government officials as well as their representatives.  In all segments of antidumping duty (AD) or countervailing duty CVD) proceedings, parties submitting factual information must adhere to 19 CFR 351.303(g) regarding the requirement to certify submissions of factual information. Understanding Critical Circumstances for Antidumping and Countervailing Duties: Critical circumstances is a provision in both the AD and CVD laws that allows for the limited retroactive imposition of duties if certain conditions are met.  Importers should be aware that entries of subject merchandise made after the initiation of an AD/CVD investigation may retroactively be subject to AD/CVD.    A finding of critical circumstances is an important tool for Commerce and the U.S. International Trade Commission (ITC) to offset possible import surges during the early period of an AD/CVD investigation.  The petitioner in an AD/CVD investigation may allege critical circumstances during an investigation up to 21 days before the date of Commerce’s final determination.  If Commerce makes a determination that critical circumstances exist, it has the statutory authority to order the retroactive suspension of liquidation and posting of a cash deposit for entries made before the issuance of a Preliminary and/or Final AD/CVD determination.  Commerce’s authority to suspend entries retroactively for AD/CVD is limited to those entries made on or after the later of:  (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register.  In either case, AD/CVD cash deposits are due on entries subject to critical circumstances determinations. If, following a preliminary determination by Commerce that critical circumstances exist, both Commerce and the ITC reach a final affirmative determination of dumping or subsidization, but either agency makes a negative final determination of critical circumstances, Commerce will instruct U.S. Customs and Border Protection (CBP) to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries.  Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case.  For Further Information Contact: AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230:  Darla Brown or Ian Hamilton at (202) 482-1791 or (202) 482-4798, respectively Determinations related to this proceeding, issued by Commerce and the ITC, will be published in the Federal Register.  Parties may also view Commerce’s public AD/CVD instructions to CBP in ACE and “ADD CVD Search” at https://aceservices.cbp.dhs.gov/adcvdweb .     Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . 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