Tag: 관세

Certain Superabsorbent Polymers from Korea – Petition for the Imposition of Antidumping Duties

The Ad Hoc Coalition of American SAP Producers have filed an antidumping duty (AD) petition on imports of certain superabsorbent polymers (“SAP”) from Korea.

The scope of the petitions is below.

Petitioners have requested AD duties as described below:

Country              AD Duties Requested

Korea                  28.6 – 49.4 percent (simple average dumping margin of 38.9 percent)

Producers identified in Petition:

LG Chem, Ltd.

Sumitomo Seika Polymers Korea Co., Ltd.

The US Department of Commerce (DOC) will initiate the investigations on November 22, 2021. Due to the COVID-19 pandemic, the US International Trade Commission (ITC) is canceling import injury preliminary phase staff conferences and issuing notices for written submissions.

Event	Current Deadline (could be extended)	Extended Deadline
Petition	11/2/2021	11/2/2021
DOC Initiation	11/22/2021	11/22/2021
ITC Preliminary Conference	11/23/2021	11/23/2021
ITC Prelim Determination	12/17/2021	12/17/2021
DOC Preliminary AD Determination	4/11/2022	5/31/2022
DOC Final AD Determination	6/27/2022	10/13/2022
ITC Hearing	Late June 2022	Mid October 2022
ITC Final Injury Determination for AD	8/9/2022	11/28/2022
AD Order	8/16/2022	12/5/2022

Scope of Investigation

The proposed scope of these investigations is as follows:

The merchandise covered by this order is superabsorbent polymers (“SAP”), insoluble in water, which result from a polymerization of primarily acrylic acid monomer molecules (or its sodium salts) with crosslinkers to form crosslinked polymer networks, with a high capacity to absorb and retain water and aqueous liquids, originating from the Republic of Korea.

All forms and sizes of SAP, regardless of packaging type, including but not limited to granules, pellets, powder, flakes, liquid, or gel are within the scope of this order.

The scope also includes SAP that is combined, commingled, or mixed with other products. For such combined products, only the SAP component is covered by the scope of this order. SAP that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. A combination is excluded from this order if the total SAP component of the combination (regardless of the source or sources) comprises less than 5 percent of the combination, on a dry weight basis.

Notwithstanding the foregoing language, an SAP combination that is transformed through a chemical reaction or physical process into another product such that the SAP can no longer be separated from the other products is excluded from the scope.

SAP is classified under HTSUS subheading 3906.90.5000. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and Vietnam – Petition for the Imposition of Antidumping and Countervailing Duties

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW” or “petitioner”) has filed antidumping (AD) and countervailing duty (CVD) petitions on imports of Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and Vietnam.

Petitioners have requested AD duties as described below, as well as CVD duties to offset alleged Vietnamese subsidies.

Country                  AD Duties Requested

Korea                     42.95% to 195.20%

Taiwan                    21% to 102% (Normal Value based on Home Market Prices)

Taiwan                    105% to 107% (Normal Value based on Constructed Value)

Thailand                 106.4% to 217.5%

Vietnam                 14.73% – 33.06%

The US Department of Commerce (DOC) will initiate the investigations on June 2^nd. Due to the COVID-19 pandemic, the US International Trade Commission (ITC) is canceling import injury preliminary phase staff conferences and issuing notices for written submissions. More information and guidance from the ITC will be forthcoming. Click here for more on the ITC’s response to COVID-19.

Event	Current Deadline (could be extended)	Extended Deadline
Petition	May 13, 2020	May 13, 2020
DOC Initiation	6/2/2020	6/2/2020
ITC Preliminary Conference	6/3/2020	6/3/2020
ITC Prelim Determination	6/29/2020	6/29/2020
DOC Preliminary CVD Determination (*cash deposits required for imports*)	8/6/2020	9/25/2020
DOC Preliminary AD Determination	10/20/2020	12/9/2020
DOC Final CVD Determination	10/20/2020	12/24/2020
DOC Final AD Determination	1/4/2021	4/23/2021
ITC Hearing	Early November	Early January
ITC Final Injury Determination for CVD	12/4/2020	2/8/2021
ITC Final Injury Determination for AD	2/17/2021	6/7/2021
CVD Order	12/11/2020	2/15/2021
AD Order	2/24/2021	6/14/2021

Korean Producers:

• Hankook Tire
• Kumho Tire
• Nexen Tire

Scope of Covered Merchandise:

PVLT Tires from Thailand, Korea, Taiwan, and Vietnam

The scope of these investigations is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by these orders may be tube-type, tubeless, radial, or non- radial, and they may be intended for sale to original equipment manufacturers or the replacement market.

Subject tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire:

Prefix designations:

P – Identifies a tire intended primarily for service on passenger cars. LT – Identifies a tire intended primarily for service on light trucks.

Suffix letter designations:

LT – Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service.

All tires with a “P” or “LT” prefix, and all tires with an “LT” suffix in their sidewall markings are covered by this investigation regardless of their intended use.

In addition, all tires that lack a “P” or “LT” prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below.

Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope.

Specifically excluded from the scope are the following types of tires:

• Racing car tires; such tires do not bear the symbol “DOT” on the sidewall and may be marked with “ZR” in size designation;
• pneumatic tires, of rubber, that are not new, including recycled and retreaded tires;
• non-pneumatic tires, such as solid rubber tires;
• tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics:
  • The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1B (“T” Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT-1B (“T” Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book,
  • the designation “T” is molded into the tire’s sidewall as part of the size designation, and,
  • the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a “M” rating;

• tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions:
  • The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book,
  • the designation “ST” is molded into the tire’s sidewall as part of the size designation,
  • the tire incorporates a warning, prominently molded on the sidewall, that the tire is “For Trailer Service Only” or “For Trailer Use Only”,
  • the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and
  • either
    • the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an “M” rating; or
    • the tire’s speed rating molded on the sidewall is 87 MPH or an “N” rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either
      • both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or
      • if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book;
• tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics:
  • The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book,
  • in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is “Not For Highway Service” or “Not for Highway Use”,
  • the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a “G” rating, and
  • the tire features a recognizable off-road tread design.

The products covered by these investigations are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.80, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.