South Korea Superabsorbent Polymers: New AD Duty Investigation Deadlines & Scope

The Commerce Department issued a notice on its recently initiated antidumping duty investigation on superabsorbent polymers from South Korea (A-580-914). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of superabsorbent polymers are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Dec. 17, the investigation will immediately end. If Commerce finds dumping in the preliminary determination of this investigation, currently due in April, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.

Though one of the companies that requested the investigation was anonymous in the initial petition, the coalition that filed the petition subsequently amended it to reveal the name of the company as Nippon Shokubai America Industries, Inc. However, Commerce did allow the company to maintain the anonymity of employees of the companies that form the coalition due to concerns they could face retaliation if their names were revealed.

Respondent Selection

Commerce said it will select respondents to its investigation based on CBP import data. Comments on respondent selection are due Dec. 3.

Scope of the AD/CVD Investigations

The merchandise covered by this investigation is superabsorbent polymers (SAP), which is cross-linked sodium polyacrylate most commonly conforming to Chemical Abstracts Service (CAS) registry number 9003-04-7, where at least 90 percent of the dry matter, by weight on a nominal basis, corrected for moisture content, is comprised of a polymer with a chemical formula of (C3H3O2NaxH1-x)n, where x is within a range of 0.00 – 1.00 and there is no limit to n. The subject merchandise also includes merchandise with a chemical formula of {(C2H3)COONayH(1-y)}n, where y is within a range of 0.00 – 1.00 and there is no limit to n. The subject merchandise includes SAP which is fully neutralized as well as SAP that is not fully neutralized.

The subject merchandise may also conform to CAS numbers 25549-84-2, 77751-27-0, 9065-11- 6, 9033-79-8, 164715-58-6, 445299-36-5, 912842-45-6, 561012-86-0, 561012-85-9, or 9003- 01-4.

All forms and sizes of SAP, regardless of packaging type, including but not limited to granules, pellets, powder, fibers, flakes, liquid, or gel are within the scope of this investigation. The scope also includes SAP whether or not it incorporates additives for anticaking, anti-odor, anti-yellowing, or similar functions.

The scope also includes SAP that is combined, commingled or mixed with other products after final sieving. For such combined products, only the SAP component is covered by the scope of this investigation. 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 investigation if the total SAP component of the combination (regardless of the source or sources) comprises less than 50 percent of the combination, on a nominal dry weight basis.

SAP is classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 3906.90.5000. SAP may also enter the United States under HTSUS 3906.90.9000 or 3906.10.0000. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Comments on the scope of this investigation are due Dec. 13.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2111040050 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.