Emulsion Styrene-Butadiene Rubber From Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 11531-11533 [2017-03638]
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Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Idaho
Advisory Committee To Vote on 2016
School Equity Report and To Discuss
Civil Rights Topics in the State
AGENCY:
U.S. Commission on Civil
Rights.
ACTION:
Announcement of meeting.
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act
(FACA) that a meeting of the Idaho State
Advisory Committee (Committee) to the
Commission will be held at 1:00 p.m.
(Mountain Time) Friday, March 10,
2017, for the purpose discussing civil
rights issues in the state and
deliberating on a topic of study. The
Committee will also discuss a report on
school equity in the state.
DATES: The meeting will be held on
Friday, March 10, 2017, at 1:00 p.m.
MST.
SUMMARY:
Public call information:
Dial: 800–327–5138.
Conference ID: 3765784.
FOR FURTHER INFORMATION CONTACT: Ana
Victoria Fortes at afortes@usccr.gov or
(213) 894–3437.
SUPPLEMENTARY INFORMATION: This
meeting is available to the public
through the following toll-free call-in
number: 800–327–5138, conference ID
number: 3765784. Any interested
member of the public may call this
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and the Commission will not refund any
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providing the Service with the
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Members of the public are entitled to
make comments during the open period
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Written comments may be mailed to the
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emailed Ana Victoria Fortes at afortes@
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ADDRESSES:
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17:20 Feb 23, 2017
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usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (213) 894–
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Records and documents discussed
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meeting at https://facadatabase.gov/
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Agenda
I. Welcome
II. Discussion of 2016 School Equity Report
III. Discussion of Civil Rights Issues in
Idaho—Members of the Idaho Advisory
Committee
IV. Public Comment
V. Adjournment
Dated: February 21, 2017.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2017–03673 Filed 2–23–17; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–455–805]
Emulsion Styrene-Butadiene Rubber
From Poland: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that emulsion styrenebutadiene rubber (ESB rubber) from
Poland is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is July 1, 2015,
through June 30, 2016.
DATES: Effective February 24, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
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11531
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0193.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on August 19, 2016.1 The Department
postponed the preliminary
determination of this investigation until
February 16, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version are identical in content.
Scope of the Investigation
The product covered by this
investigation is ESB rubber from Poland.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
1 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Initiation of Less Than Fair Value Investigations, 81
FR 55438 (August 19, 2016) (Initiation Notice).
2 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Postponement of Preliminary Determination of
Sales at Less Than Fair Value Investigations, 81 FR
85208 (November 25, 2016).
3 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, from Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Determination in
the Less Than Fair Value Investigation of Emulsion
Styrene-Butadiene Rubber from Poland’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
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Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices
product coverage (i.e., scope).5 No
interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice. The Department
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that, in
the preliminary determination, the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
investigated, which shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
The Department calculated a
company-specific rate for Synthos
Dwory (Synthos) that is not zero, de
minimis or determined entirely under
section 776 of the Act. Therefore, for
purposes of determining the ‘‘all-others’’
rate and pursuant to section 735(c)(5)(A)
of the Act, we are using the weightedaverage dumping margin calculated for
Synthos as the estimated weightedaverage dumping margin assigned to all
other producers and exporters of the
merchandise under consideration.
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which normal value
exceeds U.S. price. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Preliminary Determination
written request to the Assistant
The Department preliminarily
Secretary for Enforcement and
determines that the following weightedCompliance, U.S. Department of
average dumping margins exist:
Commerce, within 30 days after the date
of publication of this notice. Requests
Weightedshould contain the party’s name,
average
Exporter/producer
address, and telephone number, the
margins
(percent)
number of participants, whether any
participant is a foreign national, and a
Synthos Dwory ...........................
25.43
list of the issues to be discussed. If a
All-Others ....................................
25.43
request for a hearing is made, the
Department intends to hold the hearing
Suspension of Liquidation
at the U.S. Department of Commerce,
In accordance with section 733(d)(2)
1401 Constitution Avenue NW.,
of the Act, the Department will direct
Washington, DC 20230, at a time and
U.S. Customs and Border Protection
date to be determined. Parties should
(CBP) to suspend liquidation of subject
confirm by telephone the date, time, and
merchandise as described in the scope
5 See
6 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
Initiation Notice.
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location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
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 exporters 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
petitioners. Section 351.210(e)(2) of the
Department’s regulations requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On February 3, 2017, pursuant to 19
CFR 351.210(e), Synthos requested that
the Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.7 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) Our
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we are notifying the
International Trade Commission (ITC) of
our preliminary determination. If our
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
This determination is issued and
published in accordance with sections
7 See Letter to the Secretary of Commerce from
Synthos, entitled, ‘‘Emulsion Styrene-Butadiene
Rubber from Poland: Request to Extend the Final
Determination,’’ dated February 3, 2017.
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Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on
Comparison-Market Prices
X. Currency Conversion
XI. Conclusion
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–03638 Filed 2–23–17; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
Scope of the Investigation
For purposes of this investigation, the
product covered is cold-polymerized
emulsion styrene-butadiene rubber (ESB
rubber). The scope of the investigation
includes, but is not limited to, ESB rubber in
primary forms, bales, granules, crumbs,
pellets, powders, plates, sheets, strip, etc.
ESB rubber consists of non-pigmented
rubbers and oil-extended non-pigmented
rubbers, both of which contain at least one
percent of organic acids from the emulsion
polymerization process.
ESB rubber is produced and sold in
accordance with a generally accepted set of
product specifications issued by the
International Institute of Synthetic Rubber
Producers (IISRP). The scope of the
investigation covers grades of ESB rubber
included in the IISRP 1500 and 1700 series
of synthetic rubbers. The 1500 grades are
light in color and are often described as
‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
are oil-extended and thus darker in color,
and are often called ‘‘Brown Rubber.’’
Specifically excluded from the scope of
this investigation are products which are
manufactured by blending ESB rubber with
other polymers, high styrene resin master
batch, carbon black master batch (i.e., IISRP
1600 series and 1800 series) and latex (an
intermediate product).
The products subject to this investigation
are currently classifiable under subheadings
4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United
States (HTSUS). ESB rubber is described by
Chemical Abstract Services (CAS) Registry
No. 9003–55–8. This CAS number also refers
to other types of styrene butadiene rubber.
Although the HTSUS subheadings and CAS
registry number are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’) that revocation of the
antidumping duty (‘‘AD’’) duty order on
wooden bedroom furniture from the
People’s Republic of China (‘‘PRC’’)
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing a
notice of continuation of the AD duty
order.
DATES: Effective February 24, 2017.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis or Howard Smith,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: 202–482–3147 or
202–482–5193, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 4, 2005, the Department
published in the Federal Register the
AD duty order on wooden bedroom
furniture from the PRC.1 On November
3, 2015, the Department published in
the Federal Register the initiation
notice for the second sunset review of
the AD duty order on wooden bedroom
furniture from the PRC, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the ‘‘Act’’).2 On December
3, 2015, the Department received a
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture from the
People’s Republic of China, 70 FR 329 (January 4,
2005) (‘‘Order’’).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 67705 (November 3, 2015).
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11533
substantive response from the domestic
industry to participate in the second
sunset review; 3 no other parties
participated. As a result of its review,
the Department determined, pursuant to
sections 751(c)(1) and 752(b) and (c) of
the Act, that revocation of the AD duty
order on wooden bedroom furniture
from the PRC would likely lead to
continuation or recurrence of dumping
and notified the ITC of the magnitude of
the margins likely to prevail should the
order be revoked.4 On February 14,
2017, the ITC published its
determination, pursuant to section
751(c) of the Act, that revocation of the
AD duty order on wooden bedroom
furniture from the PRC would likely
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The product covered by the Order is
wooden bedroom furniture, subject to
certain exceptions. Imports of subject
merchandise are classified under
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
9403.50.9042 and 9403.50.9045 of the
HTSUS as ‘‘wooden . . . beds’’ and
under subheading 9403.50.9080 of the
HTSUS as ‘‘other . . . wooden furniture
of a kind used in the bedroom.’’ In
addition, wooden headboards for beds,
wooden footboards for beds, wooden
side rails for beds, and wooden canopies
for beds may also be entered under
subheading 9403.50.9042 or
9403.50.9045 of the HTSUS as ‘‘parts of
wood.’’ Subject merchandise may also
be entered under subheadings
9403.50.9041, 9403.60.8081, or
9403.20.0018. Further, framed glass
mirrors may be entered under
subheading 7009.92.1000 or
7009.92.5000 of the HTSUS as ‘‘glass
mirrors . . . framed.’’ However, the
product description, and not the HTSUS
classification, is dispositive of whether
merchandise imported into the United
3 See letter form the American Furniture
Manufacturers Committee for Legal Trade and
Vaughan-Bassett Furniture Company, Inc. to the
Department, regarding ‘‘Five-Year(‘‘Sunset’’)
Review of the Antidumping Duty Order on Wooden
Bedroom Furniture from the People’s Republic of
China/The Domestic Industry’s Substantive
Response to the Notice of Initiation,’’ dated
December 3, 2015.
4 See Wooden Bedroom Furniture From the
People’s Republic of China: Final Results of the
Expedited Second Sunset Review of the
Antidumping Duty Order, 81 FR 12462 (March 9,
2016) (‘‘Final Results’’).
5 See Wooden Bedroom Furniture from China;
Determination, 82 FR 10587 (February 14, 2017),
and USITC Publication 4665 (January 2017),
entitled Wooden Bedroom Furniture from China:
Investigation No. 731–TA–1058 (Second Review).
E:\FR\FM\24FEN1.SGM
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Agencies
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11531-11533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03638]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-805]
Emulsion Styrene-Butadiene Rubber From Poland: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that emulsion styrene-butadiene rubber (ESB rubber) from
Poland is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is July 1,
2015, through June 30, 2016.
DATES: Effective February 24, 2017.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-0193.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on August 19,
2016.\1\ The Department postponed the preliminary determination of this
investigation until February 16, 2017.\2\ For a complete description of
the events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\3\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary 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,
and to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Initiation of Less Than Fair
Value Investigations, 81 FR 55438 (August 19, 2016) (Initiation
Notice).
\2\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Postponement of Preliminary
Determination of Sales at Less Than Fair Value Investigations, 81 FR
85208 (November 25, 2016).
\3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ``Decision Memorandum for the
Preliminary Determination in the Less Than Fair Value Investigation
of Emulsion Styrene-Butadiene Rubber from Poland'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ESB rubber from
Poland. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding
[[Page 11532]]
product coverage (i.e., scope).\5\ No interested party commented on the
scope of the investigation as it appeared in the Initiation Notice. The
Department is not preliminarily modifying the scope language as it
appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that,
in the preliminary determination, the Department shall determine an
estimated all-others rate for all exporters and producers not
individually investigated, which shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
The Department calculated a company-specific rate for Synthos Dwory
(Synthos) that is not zero, de minimis or determined entirely under
section 776 of the Act. Therefore, for purposes of determining the
``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we
are using the weighted-average dumping margin calculated for Synthos as
the estimated weighted-average dumping margin assigned to all other
producers and exporters of the merchandise under consideration.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margins
(percent)
------------------------------------------------------------------------
Synthos Dwory............................................... 25.43
All-Others.................................................. 25.43
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of subject merchandise as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register, as discussed below. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which normal value exceeds U.S. price. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides 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 exporters 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 petitioners. Section 351.210(e)(2) of the Department's regulations
requires that requests by respondents for postponement of a final
antidumping determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
On February 3, 2017, pursuant to 19 CFR 351.210(e), Synthos
requested that the Department postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\7\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) Our preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\7\ See Letter to the Secretary of Commerce from Synthos,
entitled, ``Emulsion Styrene-Butadiene Rubber from Poland: Request
to Extend the Final Determination,'' dated February 3, 2017.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we are notifying the
International Trade Commission (ITC) of our preliminary determination.
If our final determination is affirmative, the ITC will determine
before the later of 120 days after the date of this preliminary
determination or 45 days after our final determination whether these
imports are materially injuring, or threaten material injury to, the
U.S. industry.
This determination is issued and published in accordance with
sections
[[Page 11533]]
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
For purposes of this investigation, the product covered is cold-
polymerized emulsion styrene-butadiene rubber (ESB rubber). The
scope of the investigation includes, but is not limited to, ESB
rubber in primary forms, bales, granules, crumbs, pellets, powders,
plates, sheets, strip, etc. ESB rubber consists of non-pigmented
rubbers and oil-extended non-pigmented rubbers, both of which
contain at least one percent of organic acids from the emulsion
polymerization process.
ESB rubber is produced and sold in accordance with a generally
accepted set of product specifications issued by the International
Institute of Synthetic Rubber Producers (IISRP). The scope of the
investigation covers grades of ESB rubber included in the IISRP 1500
and 1700 series of synthetic rubbers. The 1500 grades are light in
color and are often described as ``Clear'' or ``White Rubber.'' The
1700 grades are oil-extended and thus darker in color, and are often
called ``Brown Rubber.''
Specifically excluded from the scope of this investigation are
products which are manufactured by blending ESB rubber with other
polymers, high styrene resin master batch, carbon black master batch
(i.e., IISRP 1600 series and 1800 series) and latex (an intermediate
product).
The products subject to this investigation are currently
classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United States (HTSUS). ESB rubber
is described by Chemical Abstract Services (CAS) Registry No. 9003-
55-8. This CAS number also refers to other types of styrene
butadiene rubber. Although the HTSUS subheadings and CAS registry
number are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison-Market Prices
X. Currency Conversion
XI. Conclusion
[FR Doc. 2017-03638 Filed 2-23-17; 8:45 am]
BILLING CODE 3510-DS-P