[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17861-17865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06589]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-907]
Ultra-High Molecular Weight Polyethylene From the Republic of
Korea: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 24, 2020.
FOR FURTHER INFORMATION CONTACT: Darla Brown or Ian Hamilton, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of
[[Page 17862]]
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1791 or (202) 482-4798, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On March 4, 2020, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of ultra-
high molecular weight polyethylene (ultra-high polyethylene) from the
Republic of Korea (Korea), filed in proper form on behalf of Celanese
Corporation (the petitioner).\1\
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\1\ See Petitioner's Letter, ``Petitioners for the Imposition of
Antidumping Duties: Ultra-High Molecular Weight Polyethylene from
South Korea,'' dated March 3, 2020 (Petition). The Petition was
filed with Commerce and the U.S. International Trade Commission
(ITC) on March 3, 2020, after 12:00 noon, and pursuant to 19 CFR
207.10(a), is deemed to have been filed with the ITC on the next
business day, March 4, 2020. Because section 732(b)(2) of the Tariff
Act of 1930, as amended (the Act), requires simultaneous filing of
the Petition with Commerce and the ITC, Commerce deemed the Petition
to have been filed with Commerce on March 4, 2020. See Memorandum,
``Decision Memorandum Concerning the Filing Date of the Petition,''
dated March 9, 2020.
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On March 6 and 12, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\2\ On March
10 and 16, 2020, respectively, the petitioner filed its responses to
these supplemental questionnaires.\3\
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\2\ See Commerce's Letter, ``Petition for the Imposition of
Antidumping Duties on Imports of Ultra-High Molecular Weight
Polyethylene from the Republic of Korea: Supplemental Questions,''
dated March 6, 2020 (Supplemental Questionnaire); and Memorandum,
``Additional Supplemental Questions Regarding Antidumping Duty
Petition,'' dated March 12, 2020 (Second Supplemental
Questionnaire).
\3\ See Petitioner's Letter, ``Petitioners {sic{time} for the
Imposition of Antidumping Duties on Imports of Ultra-High Molecular
Weight Polyethylene from the Republic of Korea: Supplemental
Questions,'' dated March 10, 2020 (Petition Supplement); and
Petitioner's Letter, ``Petitioners {sic{time} for the Imposition of
Antidumping Duties on Imports of Ultra-High Molecular Weight
Polyethylene from the Republic of Korea: Additional Supplemental
Questions,'' dated March 16, 2020 (Petition Second Supplement).
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In accordance with section 732(b) of the Act, the petitioner
alleges that imports of ultra-high polyethylene from Korea 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 such
imports are materially injuring, or threatening material injury to, the
domestic industry producing ultra-high polyethylene in the United
States. Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner
supporting its allegation.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined by section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested AD investigation.\4\
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\4\ See infra, section on ``Determination of Industry Support
for the Petition;'' Antidumping Duty Initiation Checklist: Ultra-
High Polyethylene from the Republic of Korea (Initiation Checklist)
at Attachment II, Analysis of Industry Support for the Antidumping
Duty Petition Covering Ultra-High Polyethylene from the Republic of
Korea (Attachment II).
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Period of Investigation
Because the Petition was filed on March 4, 2020, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) is January 1, 2019
through December 31, 2019.
Scope of the Investigation
The product covered by this investigation is ultra-high molecular
weight polyethylene from Korea. For a full description of the scope of
this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
During our review of the Petition, we contacted the petitioner
regarding the proposed scope to ensure that the scope language in the
Petition is an accurate reflection of the products for which the
domestic industry is seeking relief.\5\ The description of the
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
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\5\ See Supplemental Questionnaire and Second Supplemental
Questionnaire; Petition Supplement at Exhibit GEN-SUP-11; and
Petition Second Supplement at Exhibit GEN-2SUP-1.
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Consistent with the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\7\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaire, Commerce requests that all
interested parties submit scope comments 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 from the initial comment deadline.\8\
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
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.
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).\9\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted 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.
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\9\ 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 help 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%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of ultra-high polyethylene
to be reported in response to Commerce's AD questionnaire. This
information will be used to identify the key physical characteristics
of the merchandise under consideration in order to report the relevant
costs of production accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics.
[[Page 17863]]
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 ultra-
high polyethylene, 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 questionnaire, all product
characteristics comments must be filed by 5:00 p.m. ET on April 13,
2020, which is 20 calendar days from the signature date of this
notice.\10\ Any rebuttal comments must be filed by 5:00 p.m. ET on
April 23, 2020. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
investigation.
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\10\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition
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 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\
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\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)).
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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 investigation.\13\ Based on our analysis of the information
submitted on the record, we have determined that ultra-high
polyethylene, as defined in the scope, constitutes a single domestic
like product, and we have analyzed industry support in terms of that
domestic like product.\14\
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\13\ See Volume I of the Petition at 14-18 and Exhibits GEN-12
and GEN-18.
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Initiation Checklist at Attachment II.
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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 Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish domestic production, the petitioner provided
its own production of the domestic like product in 2019, as well as
estimated 2019 effective total U.S. production capacity of the only
other known producer of domestic like product.\15\ To establish
industry support, the petitioner compared its production to the
estimated total production of the domestic like product for the entire
domestic industry.\16\ We relied on data provided by the petitioner for
purposes of measuring industry support.\17\
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\15\ See Volume I of the Petition at 6-7 and Exhibit GEN-2; see
also Petition Supplement at 2-5 and Exhibits GEN-SUP-2 through GEN-
SUP-7, and GEN-SUP-10; and Second Petition Supplement at 1.
\16\ Id.
\17\ Id. For further discussion, see Initiation Checklist at
Attachment II.
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Our review of the data provided in the Petition, the General Issues
Supplement, the Second General Issues Supplement, and other information
readily available to Commerce indicates that the petitioner has
established industry support for the Petition.\18\ First, the Petition
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).\19\ 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 Petition account for at
least 25 percent of the total production of the domestic like
product.\20\ 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
Petition 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, the Petition.\21\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\22\
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\18\ Id.
\19\ See section 732(c)(4)(D) of the Act; see also Initiation
Checklist at Attachment II.
\20\ See Initiation Checklist at Attachment II.
\21\ Id.
\22\ Id.
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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
[[Page 17864]]
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.\23\
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\23\ See Volume I of the Petition at 19 and Exhibit GEN-8; see
also Petition Supplement at 5.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; and declining financial performance.\24\ We
have assessed the allegations and supporting evidence regarding
material injury, threat of material injury, causation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence, and meet the statutory
requirements for initiation.\25\
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\24\ See Volume I of the Petition at 20-22 and Exhibits GEN-9
and GEN-10; see also Petition Supplement at 5-7 and Exhibit GEN-SUP-
9.
\25\ See Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping Duty Petition Covering Ultra-High Molecular Weight
Polyethylene from the Republic of Korea.
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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 an AD investigation
of imports of ultra-high polyethylene from Korea. 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 Initiation Checklist.
Export Price
The petitioner based export price (EP) on the average unit values
(AUVs) of the official U.S. import statistics obtained from the ITC's
Dataweb (Dataweb). The petitioner made deductions from these AUVs for
foreign inland freight expenses. The petitioner also based EP on an
offer for sale from Korea Petrochemical Industry Corporation (KPIC) to
a customer of the petitioner. The petitioner made deductions from this
offer for sale for foreign inland freight expenses, foreign brokerage
and handling charges, ocean freight expenses, marine insurance
expenses, merchandise processing fees, U.S. brokerage and handling
charges, and U.S. inland freight expenses.\26\
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\26\ See Initiation Checklist at 6-8.
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Normal Value \27\
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\27\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015, amending section 773(b)(2) of the Act, for
this investigation, Commerce will request information necessary to
calculate the constructed value and cost of production (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. Commerce no longer
requires a COP allegation to conduct this analysis.
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The petitioner based NV on home market price quotes obtained
through market research for ultra-high polyethylene produced in and
sold, or offered for sale, in Korea within the POI.\28\ The petitioner
deducted foreign inland freight expenses from the home market
prices.\29\
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\28\ See Initiation Checklist at 6-8.
\29\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of ultra-high polyethylene from Korea 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 ultra-high polyethylene from
Korea range from 13.16 to 153.35 percent.\30\
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\30\ Id.
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Initiation of LTFV Investigation
We find that the Petition and supplemental responses meet the
requirements of section 732 of the Act. Therefore, we are initiating an
AD investigation to determine whether imports of ultra-high
polyethylene from Korea 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
this initiation.
Respondent Selection
Although Commerce normally relies on import data from using U.S.
Customs and Border Protection import statistics to determine whether to
select a limited number of producers/exporters for individual
examination in AD investigations, the petitioner identified only one
company in Korea, i.e., KPIC, as a producer/exporter of ultra-high
polyethylene and provided independent, third-party information as
support.\31\ We currently know of no additional producers/exporters of
ultra-high polyethylene from Korea. Accordingly, Commerce intends to
examine all known Korean producers/exporters (i.e., KPIC). We invite
interested parties to comment on this issue. Such comments may include
factual information within the meaning of 19 CFR 351.102(b)(21).
Parties wishing to comment must do so within three business days of the
publication of this notice in the Federal Register. Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline.
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\31\ See Volume I of the Petition at 12 and Exhibit GEN-15,
Volume II of the Petition at 4 and Exhibit AD-II-1; see also
Petition Supplement at Exhibit AD-II-SUP-13.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of Korea via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of ultra-high polyethylene from Korea are
materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination will result in the
investigation being terminated.\33\ Otherwise, this AD investigation
will proceed according to statutory and regulatory time limits.
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\32\ See section 733(a) of the Act.
\33\ Id.
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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). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\34\ 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
[[Page 17865]]
seeks to rebut, clarify, or correct.\35\ 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 this investigation.
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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\36\
Section 773(e) of the Act states 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, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\36\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) sets
a deadline for the submission of 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 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.
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. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we 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 setting forth
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, stand-alone submission; under limited circumstances
we will grant untimely-filed requests for the extension of time limits.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\37\ Parties must use the certification formats provided in
19 CFR 351.303(g).\38\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
Administrative Protective Order (APO) in accordance with 19 CFR
351.305. On January 22, 2008, Commerce published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR 351.103(d)).
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: March 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
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 [deg]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 2,000 ml/g
at a concentration of 0.02% at 135 [deg]C (275 [deg]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.
[FR Doc. 2020-06589 Filed 3-30-20; 8:45 am]
BILLING CODE 3510-DS-P