Certain Monomers and Oligomers from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE International Trade Administration [A-580-921] Certain Monomers and Oligomers from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain monomers and oligomers (monomers and oligomers) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2024, through December 31, 2024. DATES: Applicable May 27, 2026. FOR FURTHER INFORMATION CONTACT: Peter Shaw or Sun Cho, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6458 or (202) 482-0697. SUPPLEMENTARY INFORMATION: Background On January 5, 2026, Commerce published the Preliminary Determination in this investigation and postponed the final determination to no later than 135 days after the date of publication of the Preliminary Determination. 1 Accordingly, the deadline for this final determination is now May 20, 2026. We invited interested parties to comment on the Preliminary Determination. 2 On February 6, 2026, Commerce published the Amended Preliminary Determination in this investigation. 3 1   See Certain Monomers and Oligomers from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, and Extension of Provisional Measures, 91 FR 244 (January 5, 2026) ( Preliminary Determination ), and accompanying Preliminary Decision Memorandum (PDM). 2   Id. 3   See Certain Monomers and Oligomers from the Republic of Korea: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value, 91 FR 5429 (February 6, 2026) ( Amended Preliminary Determination ). For a complete description of the events that occurred since the Preliminary Determination, see the Issues and Decision Memorandum. 4 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/frnotices. 4   See Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Monomers and Oligomers from the Republic of Korea,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Scope of the Investigation The products covered by this investigation are monomers and oligomers from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted on-site verification of the sales and cost information submitted by Green Chemical Co., Ltd. (Green Chemical) and Miwon Specialty Chemical Co., Ltd. (Miwon). 5 We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Green Chemical and Miwon. 5   See Memoranda, “Verification of the Sales Responses of Green Chemical,” dated April 3, 2026; “Verification of the Sales Responses of Miwon Specialty Chemical Co., Ltd.,” dated April 3, 2026; “Verification of the Sales Responses of Miwon North America, Inc.,” dated April 3, 2026; “Verification of the Cost Response of Green Chemical Co. Ltd. and Green Life Science Co., Ltd.,” dated April 6, 2026; “Verification of the Cost Response of Miwon Specialty Chemical Co., Ltd.,” dated April 10, 2026; “Verification of the Cost Response of Miwon Specialty Chemical Co., Ltd.,” dated April 10, 2026; and “Verification of the Cost Response of Miwon Specialty Chemical Co., Ltd.,” dated May 13, 2026. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. For a list of the issues addressed in the Issues and Decision Memorandum, see Appendix II. Changes Since the Preliminary Determination We made certain changes since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available Consistent with the Preliminary Determination, Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences (AFA), is warranted in determining the estimated weighted-average dumping rate for Kukdo Chemicals Co., Ltd. (Kukdo Chemicals). For this final determination, there is no new information on the record that would cause us to reconsider our preliminary decision. 6 As AFA, we are assigning a rate of 155.42 percent to Kukdo Chemicals. 7 For a full description of the methodology underlying Commerce's final determination, see the Issues and Decision Memorandum. 6   See Preliminary Determination PDM at “Application of Facts Available and Use of Adverse Inferences.” 7  The rate we are assigning as AFA changed from the Preliminary Determination. For a detailed discussion of this issue see the Issues and Decision Memorandum at “Application of Facts Available and Use of Adverse Inference”. As discussed in the Issues and Decision Memorandum, Commerce finds, pursuant to sections 776(a) and (b) of the Act, that the use of AFA is warranted in determining the estimated weighted-average dumping margin for Miwon. 8 As AFA, we assigned the rate of 155.42 percent to Miwon. 9 For a full description of the methodology underlying Commerce's final determination, see the Issues and Decision Memorandum. 8   See Issues and Decision Memorandum at Comment 1. 9   Id. All-Others Rate Section 735(c)(5)(A) of the Act provides that Commerce shall determine an estimated all-others rate for all other exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated an individual estimated weighted-average dumping margin for Green Chemical. Because Green Chemical's dumping margin is the only individually calculated dumping margin that is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Green Chemical is the margin assigned to all other producers and exporters. 10 10   See, e.g., Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of the subject merchandise from Korea produced and/or exported by Green Chemical and Kukdo Chemicals pursuant to sections 735(a)(3)(A) and (B) of the Act, and 19 CFR 351.206. In addition, as a result of our application of AFA for Miwon, we find that critical circumstances exist for imports of the subject merchandise from Korea produced and/or exported by Miwon and all other producers and/or exporters. 11 11   See Issues and Decision Memorandum at “Final Affirmative Determination of Critical Circumstances.” Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the period January 1, 2024, through December 31, 2024:   Exporter/producer Weighted-average dumping margin (percent) Green Chemical Co., Ltd.; Green Life Science  12 65.72 Miwon Specialty Chemical Co., Ltd * 155.42 Kukdo Chemicals Co. Ltd * 155.42 All Others 65.72 * Rate is based on facts available with adverse inferences. Disclosure 12  Commerce preliminarily determined that Green Chemical Co., Ltd. and Green Life Science should be collapsed and treated as a single entity. See, e.g., Preliminary Determination, 91 FR at 245. We received no comments on this preliminary determination; thus, we continue to treat Green Chemical Co., Ltd. and Green Life Science as a single entity for the purposes of this final determination. Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice of final determination in the Federal Register , in accordance with 19 CFR 351.224(b). However, because Commerce received no comments on the Preliminary Determination regarding Green Chemical, it is adopting the Preliminary Determination as the final determination for Green Chemical in this investigation. Consequently, there are no new calculations to disclose for Green Chemical. Because Commerce applied an AFA rate based solely on the Petition to the other individually examined company in this investigation, Miwon, in accordance with section 776 of the Act, there are no calculations to disclose for Miwon. 13 13   See Petitioner's Letter, “Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Monomers and Oligomers from the Republic of Korea and Taiwan,” dated March 27, 2025 (Petition); see also Checklist, “AD Investigation Initiation Checklist,” dated April 16, 2025; see also Petitioner's Letter, “Response to Volume IV Supplemental Questions,” dated April 4, 2025, at Exhibit Supp-IV-3. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after January 5, 2026, the date of publication of the Preliminary Determination in the Federal Register . Because we determine that critical circumstances exist with respect to Green Chemical, Kukdo Chemicals, Miwon, and all other producers and/or exporters, we will instruct CBP to suspend such entries on or after October 7, 2025, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register . Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate as follows: (1) the cash deposit rate for the respondent listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we will notify the ITC of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of monomers and oligomers from Korea no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Suspension of Liquidation” section. Administrative Protective Order This notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This final determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 20, 2026. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products subject to this investigation are certain multifunctional acrylate and methacrylate monomers, and acrylated bisphenol-A epoxy based oligomers (collectively, certain monomers and oligomers or CMOs) that are derived from chemical reactions involving the use of acrylic or methacrylic acid. Products within the scope are listed below and have the following Chemical Abstracts Service (CAS) numbers:   CAS No. Description Molecular formula 109-16-0 Triethylene glycol dimethacrylate (TEGDMA) C 14 H 22 O 6 13048-33-4 1,6-hexanediol diacrylate (HDDA) C 12 H 18 O 4 42978-66-5 Tripropylene glycol diacrylate (TPGDA) C 15 H 24 O 6 3290-92-4 Trimethylolpropane trimethacrylate (TMPTMA) C 18 H 26 O 6 15625-89-5 Trimethylolpropane triacrylate (TMPTA) C 15 H 20 O 6 28961-43-5 Ethoxylated trimethylol-propane triacrylate (EOTMPTA) (C 2 H 4 O) n (C 2 H 4 O) n (C 2 H 4 O) n C 15 H 20 O 6 57472-68-1 Dipropylene glycol diacrylate (DPGDA) C 12 H 18 O 5 55818-57-0 Bisphenol-A-epichlorohydrin copolymer acrylate (EPOXY ACRYLATE) (C 15 H 16 O 2 .C 3 H 5 ClO) x .xC 3 H 4 O 2 The monomers are generally known as multifunctional acrylates (MFAs) or multifunctional methacrylates (MFMAs) depending on whether the functional groups are acrylate or methacrylate. The monomers generally contain stabilizers/inhibitors, which include but are not limited to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy Toluene. The monomers are either difunctional or trifunctional (having 2 or 3 functional groups/molecule), have viscosities of 9 to 15 centipoise (cPs) at 25 degrees Celsius (if difunctional) or 44 to 110 cPs at 25 degrees Celsius (if trifunctional), have (meth)acrylate equivalent weights (molecular weight per number of functional groups) between 99 and 158 and molecular weights between 226 and 472 grams per mol. The acrylated bisphenol-A epoxy based oligomer is commonly referred to as epoxy acrylate or acrylated epoxy. In contrast to epoxy resin, the main characteristic of the epoxy acrylate oligomer is that it contains acrylate functional groups which make them curable by free-radical polymerization. The epoxy acrylate has a molecular weight between 508 to 536 grams per mol and a viscosity of 2400 to 3600 cPs at 65 degrees Celsius. The epoxy acrylate generally contains stabilizers/inhibitors, which include but are not limited to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy Toluene. Certain monomers and oligomers are subject to the scope even if an in-scope monomer or oligomer is blended or mixed with one or more other in-scope monomers or oligomers. Certain monomers and oligomers in any blend or mixture are also subject to the scope, so long as the blend or mixture contains no less than 20 percent by weight of in-scope CMOs. The scope includes merchandise matching the above description that has been processed in a third country, including by commingling, diluting, introducing, or removing ingredients, or performing any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the subject country. The scope also includes CMOs that are commingled, mixed or blended with in-scope product from sources not subject to these investigations. Only the subject component(s) of such blends, mixtures or commingled products described above is covered by the scope of these investigations. Subject merchandise contained in a blended, mixed or commingled product described above will not have undergone a chemical reaction as a result of being blended, mixed or commingled. Notwithstanding the above, specifically excluded from the scope are downstream products, including but not limited to, inks, coatings and overprint varnishes. For purposes of this exclusion, the downstream product requires only the application of energy to be cured, e.g., inks or varnish applied to packaging, coatings applied to wood flooring, etc. The energy source required to cure the downstream product to its substrate can be thermal, ultraviolet radiation, visible light, electron beam radiation, or infrared radiation. This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2916.12.5050, 2916.14.2050, 3824.99.2900, 3907.29.0000 and 3907.30.0000. Subject merchandise may also be entered under subheadings 2916.12.1000 and 3824.99.9397. The HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes only; the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Final Affirmative Determination of Critical Circumstances V. Application of Facts Available and Use of Adverse Inference VI. Discussion of the Issues Comment 1: Whether to Apply Total Adverse Facts Available to Miwon Comment 2: Whether Commerce Should Include U.S. Sales of Products Further Processed in a Third Country Comment 3: Whether Commerce Should Include U.S. Sales of Products Further Processed in the United States Comment 4: Whether Commerce Should Grant Miwon a Constructed Export Price Offset Comment 5: Whether to Use Miwon's Reported U.S. Credit and Inventory Carrying Expenses Comment 6: Whether to Revise Miwon's Reported Home Market Credit Expenses Comment 7: Whether to Revise Miwon's Reported U.S. Indirect Selling Expenses Comment 8: Whether to Revise Miwon's Reported Rebates Comment 9: Whether to Incorporate Miwon's Minor Corrections from the Sales Verification Comment 10: Whether to Revise Certain of Miwon's Reported Dates of Sale Comment 11: Whether to Exclude Miwon's Reported Sales of Non-Subject Merchandise Comment 12: Whether to Clarify Miwon's Reported Sales of Subject Merchandise from the Verification Report Comment 13: Whether to Adjust Miwon's General & Administrative Expense Ratio Comment 14: Whether to Clarify Certain Information from the Cost Verification Report VII. Recommendation [FR Doc. 2026-10520 Filed 5-26-26; 8:45 am] BILLING CODE 3510-DS-P