# 4th Tier Cigarettes From the Republic of Korea: Postponement of Final Determination of Sales at Less-Than-Fair-Value Investigation
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
The Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of 4th tier cigarettes from the Republic of Korea (Korea) until December 4, 2020, and is extending the provisional measures from a four-month period to a period of not more than six months.
**DATES:**
Applicable August 19, 2020.
**FOR FURTHER INFORMATION CONTACT:**
Thomas Martin at (202) 482-3936, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
**SUPPLEMENTARY INFORMATION:**
**Background**
On January 7, 2020, Commerce initiated an LTFV investigation of imports of 4th tier cigarettes from Korea. [^1] The period of investigation is October 1, 2018 through September 30, 2019. On July 22, 2020, Commerce published its *Preliminary Determination* in this LTFV investigation. [^2]
[^1]*See 4th Tier Cigarettes from the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation,* 85 FR 2390 (January 15, 2020).
[^2]*See 4th Tier Cigarettes from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances,* 85 FR 44281 (July 22, 2020) ( *Preliminary Determination* ), and accompanying Preliminary Decision Memorandum.
**Postponement of Final Determination**
Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a four-month period to a period of not more than six months, in accordance with section 733(d) of the Act.
On July 22, 2020, KT&G Corporation (KT&G), the mandatory respondent in this investigation, requested that Commerce postpone the deadline for the final determination until no later than 135 days from the publication of the *Preliminary Determination;* and on July 28, 2020, KT&G requested that Commerce extend the application of the provisional measures from a four-month period to a period of not more than six months. [^3] In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination was affirmative; (2) the request was made by the exporter and producer who accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination until no later than 135 days after the date of the publication of the *Preliminary Determination,* and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will issue its final determination no later than December 4, 2020.
[^3]*See* KT&G's Letter, “4th Tier Cigarettes from the Republic of Korea: Request for Postponement of Final Determination,” dated July 22, 2020; and KT&G's Letter, “4th Tier Cigarettes from the Republic of Korea: Request to Extend Provisional Measures Period,” dated July 28, 2020.
**Notice to Interested Parties**
This notice is issued and published pursuant to section 735(a)(2) of the Act and 19 CFR 351.210(g).
Dated: August 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.