Epoxy Resins: Commerce Issues Final AD Determinations for 5 Countries
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of epoxy resins from China (A-570-166), India (A-533-926), South Korea (A-580-919), Taiwan (A-583-876) and Thailand (A-549-850) are being sold in the U.S. at less than fair value. The agency imposed AD cash requirements retroactively on entries of subject merchandise from China beginning Aug. 15, 2024. For Indian, South Korean, Taiwanese and Thai exporters, suspension of liquidation and cash deposit requirements will continue for entries on or after Nov. 13, 2024, the date that the preliminary determinations were published in the Federal Register. Cash deposit rates set in these final determinations are effective April 3.
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In its final determination, the department reduced the AD margin calculated for all South Korean exporters and adjusted their cash deposit rates to take into account export subsidies found in a concurrent countervailing duty investigation.
The department also revised the scope of the orders by adopting an exclusion for "Tetramethyl Bisphenol F Diglycidyl Ether epoxy resin, also known as Tetramethyl Bisphenol F -DGE Polymer (TMBPF-DGE)." Products that meet the exclusion must (1) have the chemical name phenol, 4, 4’- methylenebis[2,6-dimethyl-, polymer with 2-(chloromethyl)oxirane, (2) have the Chemical Abstract Services registry number 113693-69-9, and (3) have an epoxy equivalent weight of 200 to 230 grams of epoxy resin per epoxy equivalent.
The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for May 12, according to an International Trade Administration fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury, the investigations will be terminated and all cash deposits will be refunded.
Commerce also issued final determinations in its concurrent CVD investigations on epoxy resin from China, India, Taiwan and South Korea, setting CVD rates at 547.76% for China, and ranging from 10.66% to 103.72% for Indian exporters, from 3.38% to 19.13% for Taiwanese exporters, and from 1.01% to 1.84% for South Korean exporters (see 2504030075).
Cash Deposits Retroactive 90 Days for All Chinese Companies
Commerce continued to find that all exporters of epoxy resins from China increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively require AD cash deposits for subject merchandise from all Chinese companies 90 days before the preliminary determination, i.e., Aug. 15, 2024.
Suspension of liquidation is already in effect for CVD purposes for all Chinese companies effective June 15, 2024.
For South Korean and Thai companies, suspension of liquidation and AD cash deposit requirements took effect Nov. 13, 2024. For Indian and Taiwanese companies, AD cash deposit requirements also took effect Nov. 13, 2024, though liquidation was suspended for CVD purposes for entries on or after Sept. 13, 2024.
AD Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for AD purposes for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below, and require cash deposits at the following rates:
India
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Atul Limited | 12.69% | 11/13/24 |
| Champion Advanced Materials | 15.68% | 11/13/24 |
| All Others | 12.69% | 11/13/24 |
South Korea
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Kukdo Chemical Co., Ltd. and Kukdo Finechem | 5.68% | 5.62% | 11/13/24 |
| Kumho P&B Chemicals, Inc. | 7.60% | 7.59% | 11/13/24 |
| All Others | 6.37% | 6.33% | 11/13/24 |
Thailand
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Aditya Birla Chemicals (Thailand) Limited | 5.25% | 11/13/24 |
| All Others | 5.25% | 11/13/24 |
Taiwan
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Chang Chun Plastics Co., Ltd. | 10.93% | 11/13/24 |
| Nan Ya Plastics Corporation | 26.98% | 11/13/24 |
| All Others | 18.66% | 11/13/24 |
China
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| China-wide Entity (i.e., all Chinese companies) | 354.99% | 08/15/24 |
*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.
(The period of investigation is 04/01/23 - 03/31/24 for India, South Korea, Taiwan and Thailand; for China, the period of investigation is 10/01/23 - 03/31/24. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, etc. See 2411120030 for a summary of the preliminary results of this AD investigation.)