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]

Download as PDF 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 VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 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 http://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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\19JYN1.SGM 19JYN1 33046 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES 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. VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 19JYN1 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: VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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). E:\FR\FM\19JYN1.SGM 19JYN1

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]


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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 http://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

[[Page 33047]]

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