Emulsion Styrene-Butadiene Rubber From Poland: Final Affirmative Determination of Sales at Less Than Fair Value, 33061-33062 [2017-14952]

Download as PDF Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 247.26 percent; and (5) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. 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: July 19, 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 List of Topics Discussed in the Preliminary Results Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology Preliminary Partial Rescission of Antidumping Duty Administrative Review Companies That Did Not Establish Eligibility for a Separate Rate Recommendation On February 24, 2017, the Department published the Preliminary Determination of this antidumping LTFV investigation, as provided by Section 735 of the Tariff Act of 1930, as amended (Act), in which the Department found that ESB rubber from Poland 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 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 it is available to all parties in the Central Records Unit, Room B–8024 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/. [FR Doc. 2017–15139 Filed 7–18–17; 8:45 am] Scope of the Investigation Dated: July 12, 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 BILLING CODE 3510–DS–P The product covered by this investigation is ESB rubber from Poland. For a complete description of the scope of this investigation, see Appendix I. DEPARTMENT OF COMMERCE International Trade Administration asabaliauskas on DSKBBXCHB2PROD with NOTICES [A–455–805] Emulsion Styrene-Butadiene Rubber From Poland: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that AGENCY: VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 1 See 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, 82 FR 11531 (February 24, 2017), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of Emulsion Styrene-Butadiene Rubber from Poland,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 33061 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 February, March, and April 2017, the Department conducted verification of the information reported by the mandatory respondent Synthos Dwory (Synthos), 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 Analysis of Comments Received The issues raised in the case brief that was submitted by petitioners 5 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 no changes to the margin calculation for Synthos. 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 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 calculated an individual estimated weighted-average dumping margin for Synthos, the only individually examined exporter/ producer in this investigation. Because the only individually calculated dumping margin is not zero, de 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). 4 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of the Sales Response of Synthos Dwory in the Antidumping Investigation of Emulsion Styrene Butadiene from Poland,’’ dated April 12, 2017 and Memorandum, ‘‘Verification of the Cost Response of Synthos Dwory 7 Spolka z ograniczona odpowiedzialnoscia sp. j. in the Antidumping Duty Investigation of Emulsion Styrene Butadiene Rubber from Poland,’’ dated May 15, 2017. 5 Lion Elastomers LLC and East West Copolymers (petitioners). E:\FR\FM\19JYN1.SGM 19JYN1 33062 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Synthos is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. 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 Final Determination 735(b)(2) of the Act, the ITC will make its final determination as to whether the The final weighted-average dumping domestic industry in the United States margins are as follows: is materially injured, or threatened with material injury, by reason of imports of Dumping ESB rubber from Poland no later than 45 Exporter/producer margin (percent) days after the Department’s final determination. If the ITC determines Synthos Dwory ........................... 25.43 that material injury or threat of material All-Others .................................... 25.43 injury does not exist, the proceeding will be terminated and all securities Continuation of Suspension of posted will be refunded or canceled. If Liquidation the ITC determines that such injury does exist, the Department will issue an In accordance with section antidumping duty order directing CBP 735(c)(1)(B) of the Act, the Department to assess, upon further instruction by will instruct U.S. Customs and Border the Department, antidumping duties on Protection (CBP) to continue to suspend appropriate imports of the subject liquidation of all appropriate entries of merchandise entered, or withdrawn ESB rubber from Poland as described in from warehouse, for consumption on or Appendix I of this notice, which were after the date of the suspension of entered, or withdrawn from warehouse, liquidation. for consumption on or after February 24, Notification Regarding Administrative 2017, the date of publication of the Protective Orders Preliminary Determination of this This notice serves as a reminder to investigation in the Federal Register. parties subject to an administrative Further, pursuant to section protective order (APO) of their 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), the Department will instruct responsibility concerning the disposition of proprietary information CBP to require a cash deposit equal to disclosed under APO in accordance the estimated weighted-average with 19 CFR 351.305(a)(3). Timely dumping margin or the estimated allnotification of the return or destruction others rate, as follows: (1) The cash of APO materials, or conversion to deposit rate for the respondents listed judicial protective order, is hereby above will be equal to the respondentrequested. Failure to comply with the specific estimated weighted-average regulations and the terms of an APO is dumping margin determined in this a violation subject to sanction. final determination; (2) if the exporter is This determination and this notice are not a respondent identified above, but issued and published pursuant to the producer is, then the cash deposit sections 735(d) and 777(i)(1) of the Act. rate will be equal to the respondentDated: July 10, 2017. specific estimated weighted-average Gary Taverman, dumping margin established for that Deputy Assistant Secretary for Antidumping producer of the subject merchandise; and Countervailing Duty Operations, and (3) the cash deposit rate for all other performing the non-exclusive functions and producers and exporters will be equal to duties of the Assistant Secretary for Enforcement and Compliance. the all-others estimated weightedaverage dumping margin. Appendix I asabaliauskas on DSKBBXCHB2PROD with NOTICES 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). VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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 in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues: Comment 1: Selling, General and Administrative Expenses V. Recommendation [FR Doc. 2017–14952 Filed 7–18–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–848] Emulsion Styrene-Butadiene Rubber From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Department) determines that emulsion styrene-butadiene rubber (ESB rubber) from Mexico 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: July 19, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos, AD/CVD AGENCY: E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33061-33062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14952]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-455-805]


Emulsion Styrene-Butadiene Rubber From Poland: Final Affirmative 
Determination of Sales at Less Than Fair Value

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 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: July 19, 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

    On February 24, 2017, the Department published the Preliminary 
Determination of this antidumping LTFV investigation, as provided by 
Section 735 of the Tariff Act of 1930, as amended (Act), in which the 
Department found that ESB rubber from Poland 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 
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 it is available to 
all parties in the Central Records Unit, Room B-8024 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 Poland: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 82 FR 11531 (February 24, 2017), and 
accompanying Preliminary Decision Memorandum (collectively, 
Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less Than Fair Value 
Investigation of Emulsion Styrene-Butadiene Rubber from Poland,'' 
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 
Poland. 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 February, March, and 
April 2017, the Department conducted verification of the information 
reported by the mandatory respondent Synthos Dwory (Synthos), 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\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of Synthos Dwory in the Antidumping Investigation of 
Emulsion Styrene Butadiene from Poland,'' dated April 12, 2017 and 
Memorandum, ``Verification of the Cost Response of Synthos Dwory 7 
Spolka z ograniczona odpowiedzialnoscia sp. j. in the Antidumping 
Duty Investigation of Emulsion Styrene Butadiene Rubber from 
Poland,'' dated May 15, 2017.
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues raised in the case brief that was submitted by 
petitioners \5\ 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 no changes to the margin calculation 
for Synthos.
---------------------------------------------------------------------------

    \5\ Lion Elastomers LLC and East West Copolymers (petitioners).
---------------------------------------------------------------------------

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 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 calculated an 
individual estimated weighted-average dumping margin for Synthos, the 
only individually examined exporter/producer in this investigation. 
Because the only individually calculated dumping margin is not zero, de

[[Page 33062]]

minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Synthos is the margin 
assigned to all-other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Synthos Dwory...............................................       25.43
All-Others..................................................       25.43
------------------------------------------------------------------------

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 
Poland 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 
margin determined in this final determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the 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.

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 Poland 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.

    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 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 in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues: Comment 1: Selling, General and 
Administrative Expenses
V. Recommendation

[FR Doc. 2017-14952 Filed 7-18-17; 8:45 am]
BILLING CODE 3510-DS-P