Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 33045-33047 [2017-14950]
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Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
classification, while non-interstate
limited-access highways are classified
as S1200. This change will make all
limited-access highways S1100. The
final description of the Primary Roads
(S1100) classification is:
Primary roads are limited-access highways
that connect to other roads only at
interchanges and not at at-grade
intersections. This category includes
interstate highways, as well as all other
highways with limited access (some of which
are toll roads). Limited-access highways with
only one lane in each direction, as well as
those that are undivided, are also included
under S1100.
The final description makes clear that
secondary roads are not limited-access
highways. The final description of
Secondary Roads (S1200) is:
Secondary roads are main arteries that are
not limited access, usually in the U.S.
highway, state highway, or county highway
systems. These roads have one or more lanes
of traffic in each direction, may or may not
be divided, and usually have at-grade
intersections with many other roads and
driveways. They often have both a local
name and a route number.
Dated: July 13, 2017.
Ron S. Jarmin,
Performing the Non-Exclusive Functions and
Duties of the Director, Bureau of the Census.
[FR Doc. 2017–15125 Filed 7–18–17; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–890]
Emulsion Styrene-Butadiene Rubber
From the Republic of Korea: Final
Affirmative Determination of Sales at
Less Than Fair Value, and Final
Affirmative Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
emulsion styrene-butadiene rubber (ESB
rubber) from the Republic of Korea
(Korea) is being, or is likely to be, sold
in the United States at less than fair
value (LTFV).
DATES: July 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Carrie Bethea or Kabir Archuletta, 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) 482–1491 or (202) 482–2593,
respectively.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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Background
On February 24, 2017, the Department
of Commerce published the Preliminary
Determination of this antidumping duty
investigation, as provided by section
735 of the Tariff Act of 1930, as
amended (Act), in which the
Department found that ESB rubber from
Korea was sold at LTFV.1 A summary of
the events that occurred since the
Department published the Preliminary
Determination, as well as a full
discussion of the issues raised by
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.2 The
Issues and Decision 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Scope of the Investigation
The product covered by this
investigation is ESB rubber from Korea.
For a complete description of the scope
of this investigation, see Appendix I.
BILLING CODE 3510–07–P
AGENCY:
SUPPLEMENTARY INFORMATION:
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice.3 Therefore, the
scope of this investigation remains
unchanged for this final determination.
Verification
As provided in section 782(i) of the
Act, in April and June 2017, the
Department conducted verification of
1 See Emulsion Styrene-Butadiene Rubber from
the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 82 FR 11536 (February 24, 2017) and
accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum) (collectively,
Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Emulsion
Styrene-Butadiene Rubber from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 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).
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33045
the information reported by a
mandatory respondent, LG Chem, Ltd.
(LG Chem), and its U.S. affiliate, LG
Chem America, Ltd., for use in the
Department’s final determination. The
Department used standard verification
procedures, including an examination of
relevant accounting and production
records and original source documents
provided by the respondent.4
Because Daewoo International
Corporation (Daewoo) and Kumho
Petrochemical Co, Ltd (Kumho),
mandatory respondents in this
investigation, did not provide
information requested by the
Department, and the Department
preliminarily determined Daewoo and
Kumho to have been uncooperative, the
Department did not verify their books
and records and facilities.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice as Appendix II.
Based on our analysis of the comments
received and our findings at
verification, we made certain changes to
the margin calculation for LG Chem,
and also the all-others rate.
Use of Adverse Facts Available
The Department found in the
Preliminary Determination that it was
appropriate to apply facts available with
adverse inferences to Daewoo and
Kumho. No interested parties
commented on the preliminary
application of adverse facts-available
dumping margins to Daewoo and
Kumho. For the final determination, the
Department has not altered its analysis
or decision to apply adverse factsavailable to Daewoo and Kumho. For a
full discussion of the Department’s
adverse facts available determination,
see the Preliminary Determination.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that in the final determination
the Department shall determine an
estimated all-others rate for all exporters
4 Memorandum, ‘‘Verification of the Cost
Response of LG Chem, Ltd. in the Antidumping
Duty Investigation of Emulsion Styrene-Butadiene
Rubber from the Republic of South Korea,’’ dated
April 13, 2017; Memorandum, ‘‘Verification of U.S.
Sales of LG Chem America, Inc., in the
Antidumping Duty Investigation of Emulsion
Styrene-Butadiene Rubber from the Republic of
Korea,’’ dated May 3, 2017; Memorandum,
‘‘Verification of LG Chem, Ltd., in the Antidumping
Duty Investigation of Emulsion-Styrene Butadiene
Rubber from the Republic of Korea,’’ dated June 14,
2017.
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Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
ESB rubber from Korea as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after, February
24, 2017, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), the Department will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the respondentspecific estimated weighted-average
dumping margins determined in this
final determination; (2) if the exporter is
not a respondent identified above, but
the producer is, then the cash deposit
Final Determination
rate will be equal to the respondentspecific estimated weighted-average
The Department determines that the
dumping margin established for that
following estimated weighted-average
producer of the subject merchandise;
dumping margins exist:
and (3) the cash deposit rate for all other
Estimated
producers and exporters will be equal to
weightedthe all-others estimated weightedaverage
Exporter/producer
average dumping margin.
dumping
Because of the Department’s
margin
affirmative determination of critical
(percent)
circumstances for Daewoo and Kumho,
Daewoo International Corin accordance with section 735(a)(3) and
poration .............................
** 44.30 (c)(4)(A) of the Act, suspension of
Kumho Petrochemical Co,
liquidation of ESB rubber from Korea,
Ltd .....................................
** 44.30
shall continue to apply, for Daewoo and
LG Chem, Ltd .......................
9.66
All-Others ..............................
9.66 Kumho, to unliquidated entries of
merchandise entered, or withdrawn
** (AFA).
from warehouse, for consumption on or
after the date which is 90 days before
Final Affirmative Determination of
the publication of the Preliminary
Critical Circumstances, in Part
Determination.
In accordance with section 733(e) of
Disclosure
the Act, the Department preliminarily
found critical circumstances exist with
The Department intends to disclose to
respect to Daewoo and Kumho and do
interested parties its calculations and
not exist with respect to LG Chem and
analysis performed in this final
the non-individually examined
determination within five days of any
companies receiving the ‘‘All-Others’’
public announcement or, if there is no
rate in this investigation. The
public announcement, within five days
Department did not receive comments
of the date of publication of this notice
concerning the preliminary affirmative
in accordance with 19 CFR 351.224(b).
determination of critical circumstances.
International Trade Commission
For the final determination, the
Notification
Department continues to find that, in
In accordance with section 735(d) of
accordance with 735(a)(3) of the Act,
the Act, the Department will notify the
critical circumstances exist for Daewoo
International Trade Commission (ITC) of
and Kumho. A discussion of the
its final determination. Because the final
determination can be found in the
determination in this proceeding is
‘‘Critical Circumstances’’ section of the
affirmative, in accordance with section
Issues and Decision Memarandum.
735(b)(2) of the Act, the ITC will make
Continuation of Suspension of
its final determination as to whether the
Liquidation
domestic industry in the United States
In accordance with section
is materially injured, or threatened with
735(c)(1)(B) of the Act, the Department
material injury, by reason of imports of
will instruct U.S. Customs and Border
ESB rubber from Korea no later than 45
Protection (CBP) to continue to suspend days after the Department’s final
liquidation of all appropriate entries of
determination. If the ITC determines
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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 investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
For the final determination, the
Department assigned a rate based
entirely on facts available to Daewoo
and Kumho. Therefore, the only rate
that is not zero, de minimis or based
entirely on facts otherwise available is
the rate calculated for LG Chem.
Consequently, the rate calculated for LG
Chem is also assigned as the rate for allother producers and exporters, pursuant
to section 735(c)(5)(A) of the Act.
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that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all securities
posted will be refunded or canceled. If
the ITC determines that such injury
does exist, the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
appropriate imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of the suspension of
liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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 the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: July 10, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the 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
E:\FR\FM\19JYN1.SGM
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Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Comment 1: CEP Offset
Comment 2: Cost Adjustments Based on
Transactions Disregarded Rule
Comment 3: Cost Adjustments Based on
Verification Findings
Comment 4: Sales Expense Adjustments
Based on Verification Findings
Comment 5: Duty Drawback Adjustment
VII. Recommendation
[FR Doc. 2017–14950 Filed 7–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Rescission and Notice of Amended
Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 26, 2017, the Court
of International Trade (the CIT)
sustained the Department of
Commerce’s (the Department) final
remand results pertaining to the new
shipper review of the antidumping duty
order on fresh garlic from the People’s
Republic of China (PRC) for
Shijiazhuang Goodman Trading Co.,
Ltd. (Goodman). The Department is
notifying the public that the final
judgment in this case is not in harmony
with the final rescission of the new
shipper review and that the Department
has found Goodman eligible for a new
shipper review resulting in an
individually-determined dumping
margin of $0.08/kg.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
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18:49 Jul 18, 2017
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DATES:
Applicable June 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
Background
Goodman is a Chinese producer/
exporter of fresh garlic and requested a
new shipper review on November 27,
2012, and amended that request on
December 6, 2012.1 On January 2, 2013,
the Department initiated the requested
NSR covering the period November 1,
2011, through October 31, 2012.
On April 21, 2014, the Department
issued the Final Rescission. In the Final
Rescission, the Department determined
that Goodman’s sales were not bona fide
and, accordingly, rescinded its new
shipper review.2 Goodman challenged
the Department’s findings in the Final
Rescission at the CIT.
On March 22, 2016, the CIT remanded
for the Department to reconsider its
decision.3
Per the Court’s instructions, the
Department reconsidered its previous
analysis and determined, under protest,
Goodman’s U.S. sales to be bona fide.
The Department found Goodman to be
eligible for a new shipper review and
addressed comments raised in case
briefs and rebuttal briefs during the new
shipper review regarding the
preliminarily-calculated rate. In the
final remand results filed with the CIT
on August 22, 2016 (Final
Redetermination), the Department made
changes to the surrogate values and recalculated Goodman’s individuallydetermined antidumping duty rate to be
$0.08 per kilogram.
On May 26, 2017, the CIT sustained
the Department’s Final Redetermination
in full.4 Thus, the CIT affirmed the
$0.08/kg dumping margin the
1 See Goodman’s letter, ‘‘Fresh Garlic from the
People’s Republic of China—Re-filing Request for
Antidumping New Shipper Review of Shijiazhuang
Goodman Trading Co., Ltd.,’’ (December 6, 2012).
2 See Fresh Garlic from the People’s Republic of
China: Final Rescission of Antidumping Duty New
Shipper Review of Shijiazhuang Goodman Trading
Co., Ltd., 79 FR 22,098 (April 21, 2014) (Final
Rescission), and accompanying Issues and Decision
Memorandum.
3 See Shijiazhuang Goodman Trading Co. v.
United States, 172 F. Supp. 3d 1363, 1368–82 (Ct.
Int’l Trade 2016).
4 See Shijiazhuang Goodman Trading Co., Ltd. v.
United States, CIT Slip Op. 17–63, Consol. Ct. No.
14–00101 (May 26, 2017).
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33047
Department calculated for Goodman in
the Final Redetermination.
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
the Department must publish a notice of
a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
May 26, 2017, final judgment sustaining
the Final Redetermination constitutes a
final decision of the Court that is not in
harmony with the Department’s Final
Rescission. This notice is published in
fulfillment of the Timken publication
requirements. Accordingly, the
Department will continue the
suspension of liquidation of the subject
merchandise pending a final and
conclusive court decision.
Amended Final Results
Because there is now a final court
decision, we are amending the Final
Rescission with respect to the dumping
margin calculated for Goodman. Based
on the Final Redetermination, as
affirmed by the CIT, the revised
dumping margin for Goodman, from
November 1, 2011, through October 31,
2012, is $0.08/kg.
In the event that the CIT’s ruling is
not appealed or, if appealed, is upheld
by a final and conclusive court decision,
the Department will instruct Customs
and Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise based on
the revised dumping margin listed
above.
Cash Deposit Requirements
Since the Final Rescission, the
Department has not established a cash
deposit rate for Goodman.7 Therefore,
the Department will issue revised cash
deposit instructions to CBP, adjusting
the cash deposit rate for Goodman to
$0.08/kg, effective June 5, 2017.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
5 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
7 See Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission of the
18th Antidumping Duty Administrative Review;
2011–2012, 79 FR 36,721 (June 30, 2014) (Final
Results).
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]]>Agencies
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33045-33047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14950]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-890]
Emulsion Styrene-Butadiene Rubber From the Republic of Korea:
Final Affirmative Determination of Sales at Less Than Fair Value, and
Final Affirmative Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
emulsion styrene-butadiene rubber (ESB rubber) from the Republic of
Korea (Korea) is being, or is likely to be, sold in the United States
at less than fair value (LTFV).
DATES: July 19, 2017.
FOR FURTHER INFORMATION CONTACT: Carrie Bethea or Kabir Archuletta, 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) 482-1491 or (202)
482-2593, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2017, the Department of Commerce published the
Preliminary Determination of this antidumping duty investigation, as
provided by section 735 of the Tariff Act of 1930, as amended (Act), in
which the Department found that ESB rubber from Korea was sold at
LTFV.\1\ A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by interested parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
The Issues and Decision 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
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of
Provisional Measures, 82 FR 11536 (February 24, 2017) and
accompanying Preliminary Decision Memorandum (Preliminary Decision
Memorandum) (collectively, Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Emulsion Styrene-Butadiene Rubber from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ESB rubber from Korea.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Initiation Notice.\3\ Therefore, the scope of this
investigation remains unchanged for this final determination.
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in April and June 2017,
the Department conducted verification of the information reported by a
mandatory respondent, LG Chem, Ltd. (LG Chem), and its U.S. affiliate,
LG Chem America, Ltd., for use in the Department's final determination.
The Department used standard verification procedures, including an
examination of relevant accounting and production records and original
source documents provided by the respondent.\4\
---------------------------------------------------------------------------
\4\ Memorandum, ``Verification of the Cost Response of LG Chem,
Ltd. in the Antidumping Duty Investigation of Emulsion Styrene-
Butadiene Rubber from the Republic of South Korea,'' dated April 13,
2017; Memorandum, ``Verification of U.S. Sales of LG Chem America,
Inc., in the Antidumping Duty Investigation of Emulsion Styrene-
Butadiene Rubber from the Republic of Korea,'' dated May 3, 2017;
Memorandum, ``Verification of LG Chem, Ltd., in the Antidumping Duty
Investigation of Emulsion-Styrene Butadiene Rubber from the Republic
of Korea,'' dated June 14, 2017.
---------------------------------------------------------------------------
Because Daewoo International Corporation (Daewoo) and Kumho
Petrochemical Co, Ltd (Kumho), mandatory respondents in this
investigation, did not provide information requested by the Department,
and the Department preliminarily determined Daewoo and Kumho to have
been uncooperative, the Department did not verify their books and
records and facilities.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice as Appendix II. Based on our analysis of the comments received
and our findings at verification, we made certain changes to the margin
calculation for LG Chem, and also the all-others rate.
Use of Adverse Facts Available
The Department found in the Preliminary Determination that it was
appropriate to apply facts available with adverse inferences to Daewoo
and Kumho. No interested parties commented on the preliminary
application of adverse facts-available dumping margins to Daewoo and
Kumho. For the final determination, the Department has not altered its
analysis or decision to apply adverse facts-available to Daewoo and
Kumho. For a full discussion of the Department's adverse facts
available determination, see the Preliminary Determination.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that in the final
determination the Department shall determine an estimated all-others
rate for all exporters
[[Page 33046]]
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
investigated, excluding any zero and de minimis margins, and any
margins determined entirely under section 776 of the Act.
For the final determination, the Department assigned a rate based
entirely on facts available to Daewoo and Kumho. Therefore, the only
rate that is not zero, de minimis or based entirely on facts otherwise
available is the rate calculated for LG Chem. Consequently, the rate
calculated for LG Chem is also assigned as the rate for all-other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The Department determines that the following estimated weighted-
average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Daewoo International Corporation........................ ** 44.30
Kumho Petrochemical Co, Ltd............................. ** 44.30
LG Chem, Ltd............................................ 9.66
All-Others.............................................. 9.66
------------------------------------------------------------------------
** (AFA).
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 733(e) of the Act, the Department
preliminarily found critical circumstances exist with respect to Daewoo
and Kumho and do not exist with respect to LG Chem and the non-
individually examined companies receiving the ``All-Others'' rate in
this investigation. The Department did not receive comments concerning
the preliminary affirmative determination of critical circumstances.
For the final determination, the Department continues to find that, in
accordance with 735(a)(3) of the Act, critical circumstances exist for
Daewoo and Kumho. A discussion of the determination can be found in the
``Critical Circumstances'' section of the Issues and Decision
Memarandum.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of ESB rubber from Korea
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after, February 24,
2017, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), the Department 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 respondents listed above will be
equal to the respondent-specific estimated weighted-average dumping
margins 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 respondent-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.
Because of the Department's affirmative determination of critical
circumstances for Daewoo and Kumho, in accordance with section
735(a)(3) and (c)(4)(A) of the Act, suspension of liquidation of ESB
rubber from Korea, shall continue to apply, for Daewoo and Kumho, to
unliquidated entries of merchandise entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of the Preliminary Determination.
Disclosure
The Department intends to disclose to interested parties its
calculations and analysis performed in this 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 in accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department will
notify the International Trade Commission (ITC) of its final
determination. 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 ESB rubber from Korea no later than 45
days after the Department's final determination. If the ITC determines
that material injury or threat of material injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, antidumping
duties on appropriate imports of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: July 10, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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
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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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Comment 1: CEP Offset
Comment 2: Cost Adjustments Based on Transactions Disregarded
Rule
Comment 3: Cost Adjustments Based on Verification Findings
Comment 4: Sales Expense Adjustments Based on Verification
Findings
Comment 5: Duty Drawback Adjustment
VII. Recommendation
[FR Doc. 2017-14950 Filed 7-18-17; 8:45 am]
BILLING CODE 3510-DS-P
