Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 42790-42792 [2017-19287]
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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 sanctionable violation.
This notice is published in
accordance with section 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: September 5, 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—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
Comment 1. Differential Pricing
Methodology
Comment 2. Affiliation Based on a Close
Supplier Relationship
Comment 3. Adjusting the Cost of Certain
Tub Assemblies
Comment 4. Adjusting the Financial
Expense Ratio
VI. Recommendation
[FR Doc. 2017–19290 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–849, A–580–890, A–201–848, A–455–
805]
Emulsion Styrene-Butadiene Rubber
From Brazil, the Republic of Korea,
Mexico, and Poland: Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty orders on emulsion
styrene-butadiene rubber (ESB rubber)
from Brazil, the Republic of Korea
(Korea), Mexico, and Poland.
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson at (202) 482–4406,
(Brazil); Carrie Bethea at (202) 482–
1491, (Korea); Julia Hancock, (202) 482–
pmangrum on DSK3GDR082PROD with NOTICES1
AGENCY:
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1394 (Mexico); Stephen Bailey at (202)
482–0193, (Poland), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Orders
Background
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC notified the Department of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of imports of ESB rubber from
Brazil, Korea, Mexico, and Poland. The
ITC also notified the Department of its
determination that critical
circumstances do not exist with respect
to imports of ESB rubber from Korea
subject to the Department’s critical
circumstances finding.5 Therefore, in
accordance with section 735(c)(2) of the
Act, the Department is issuing these
antidumping duty orders. Because the
ITC determined that imports of ESB
rubber from Brazil, Korea, Mexico, and
Poland are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Brazil, Korea,
Mexico, and Poland, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of ESB rubber from
Brazil, Korea, Mexico, and Poland.
Antidumping duties will be assessed on
unliquidated entries of ESB rubber from
Brazil, Korea, Mexico, and Poland
entered, or withdrawn from warehouse,
for consumption on or after February 24,
2017, the date of publication of the
preliminary determinations,6 but will
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on July 19, 2017, the
Department published affirmative final
determinations in the less-than-fairvalue (LTFV) investigations of ESB
rubber from Brazil, Korea, Mexico, and
Poland.1 On September 1, 2017, the ITC
notified the Department of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of the LTFV imports of ESB
rubber from Brazil, Korea, Mexico, and
Poland, and its determination that
critical circumstances do not exist with
respect to imports of subject
merchandise from Korea subject to the
Department’s affirmative critical
circumstances determination.2
For Mexico, on July 17, 2017, we
received comments from Industrias
Negromex S.A. de C.V. (Negromex), the
sole mandatory respondent in the
Mexico investigation, that we made
ministerial errors in our final
determination.3 The allegations raised
by Negromex in its comments do not
result in a change to Negromex’s margin
from the final determination. As such,
we are not amending Negromex’s
margin from the final determination.4
1 See Emulsion Styrene-Butadiene Rubber from
Brazil: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 82 FR
33048 (July 19, 2017) (Brazil Final); 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, 82
FR 33045 (July 19, 2017) (Korea Final); Emulsion
Styrene-Butadiene Rubber from Mexico: Final
Affirmative Determination of Sales at Less Than
Fair Value, 82 FR 33062 (July 19, 2017) (Mexico
Final); and Emulsion Styrene-Butadiene Rubber
from Poland: Final Affirmative Determination of
Sales at Less Than Fair Value, 82 FR 33061 (July
19, 2017) (Poland Final).
2 See Letter to Gary Taverman, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding emulsion styrene-butadiene
rubber from Brazil, Korea, Mexico, and Poland
(September 1, 2017) (ITC Letter).
3 See Mexico Final.
4 See Memorandum, ‘‘Antidumping Duty
Investigation of Emulsion Styrene-Butadiene
Rubber from Mexico: Ministerial Error Allegations
Memorandum,’’ dated August 22, 2017.
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The products covered by these orders
are cold-polymerized emulsion styrenebutadiene rubber. For a complete
description of the scope of these orders,
see the Appendix to this notice.
Antidumping Duty Orders
5 See
ITC Letter.
Emulsion Styrene-Butadiene Rubber from
Brazil: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Negative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 82 FR 11538
(February 24, 2017) (Brazil Preliminary
Determination); 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) (Korea
Preliminary Determination); Emulsion Styrene6 See
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination as
further described below.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend
liquidation on all relevant entries of
ESB rubber from Brazil, Korea, Mexico,
and Poland. These instructions
suspending liquidation will remain in
effect until further notice.
The Department will also instruct
CBP to require cash deposits equal to
the amounts as indicated below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the cash deposit rates listed
below.7 The relevant all-others rates
apply to all producers or exporters not
specifically listed, as appropriate.
pmangrum on DSK3GDR082PROD with NOTICES1
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
ESB rubber from Brazil, Korea, Mexico,
and Poland, the Department extended
the four-month period to six months in
each case.8 In the underlying
investigations, the Department
published the preliminary
determinations on February 24, 2017.
Therefore, the extended period,
beginning on the date of publication of
the preliminary determination, ended
on August 24, 2017. Furthermore,
section 737(b) of the Act states that the
collection of final, estimated cash
Butadiene Rubber from Mexico: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 82 FR
11534 (February 24, 2017) (Mexico Preliminary
Determination); and 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) (Poland Preliminary
Determination).
7 See section 736(a)(3) of the Act.
8 See Brazil Preliminary Determination; Korea
Preliminary Determination; Mexico Preliminary
Determination; and Poland Preliminary
Determination.
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deposits will begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, the
Department will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of ESB rubber from Brazil, Korea,
Mexico, and Poland entered, or
withdrawn from warehouse, for
consumption after August 24, 2017, the
date on which the provisional measures
expired, until and through the day
preceding the date of publication of the
ITC’s final injury determinations in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of subject merchandise from
Korea, the Department will instruct CBP
to lift suspension and to refund any
cash deposits made to secure the
payment of estimated antidumping
duties with respect to entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after November 26, 2016 (i.e., 90 days
prior to the date of publication of the
preliminary determinations), but before
February 24, 2017, (i.e., the date of
publication of the preliminary
determinations).
Estimated Weighted-Average Dumping
Margins
The weighted-average antidumping
duty margin percentages and cash
deposit rates are as follows:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Brazil
ARLANXEO Brasil S.A ...............
All-Others ....................................
19.61
19.61
Korea
LG Chem, Ltd .............................
Daewoo International Corporation ..........................................
Kumho Petrochemical Co, Ltd ...
All-Others ....................................
9.66
** 44.30
** 44.30
9.66
Mexico
Industrias Negromex S.A. de
C.V.—Planta Altamira
(Negromex) .............................
All-Others ....................................
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Fmt 4703
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19.52
19.52
Exporter or producer
42791
Weightedaverage
dumping
margin
(percent)
Poland
Synthos Dwory ...........................
All-Others ....................................
25.43
25.43
** (AFA).
This notice constitutes the
antidumping duty orders with respect to
ESB rubber from Brazil, Korea, Mexico,
and Poland pursuant to section 736(a) of
the Act. Interested parties can find a list
of antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: September 6, 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
Scope of the Orders
The products covered by these orders are
cold-polymerized emulsion styrenebutadiene rubber. The scope of the orders
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
investigations 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
these orders 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 these orders 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
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42792
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
description of the scope of these
investigations is dispositive.
[FR Doc. 2017–19287 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of
Countervailing Duty Administrative
Review, and Partial Rescission of
Countervailing Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed its
administrative review of the
countervailing duty order (CVD) on
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (PRC) for the June 10,
2014, through December 31, 2015,
period of review (POR). We have
determined that the mandatory
respondent Changzhou Trina Solar
Energy Co., Ltd. and its cross-owned
affiliates (collectively, Trina Solar)
received countervailable subsidies
during the POR. The final net subsidy
rates are listed below in the section,
‘‘Final Results of Administrative
Review.’’ We are also rescinding the
review for 22 companies for which all
review requests were timely withdrawn
or for which we have concluded that
there were no entries, exports, or sales
of the subject merchandise during the
POR.
AGENCY:
DATES:
Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Joseph Traw, 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) 482–6079.
pmangrum on DSK3GDR082PROD with NOTICES1
Background
The Department published the
Preliminary Results of this
administrative review in the Federal
Register on March 6, 2017.1 We invited
interested parties to comment on the
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review and Preliminary Intent To
Rescind, in Part; 2014–2015, 82 FR 12562 (March
6, 2017) (Preliminary Results).
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Preliminary Results. On June 8, 2017,
we received timely case briefs from the
following interested parties: SolarWorld
Americas, Inc. (the petitioner); the
Government of China (GOC); Trina
Solar; BYD (Shangluo) Industrial Co.,
Ltd. (BYD); and SNJ Enterprises, LLC,
Dba Zamp Solar (SNJ).2 On June 15,
2017, we received timely rebuttal
comments from the petitioner, the GOC,
and Trina Solar.3
On June 8, 2017, in accordance with
section 751(a)(3)(A) of the Act, the
Department extended the period for
issuing the final results of this review by
60 days, to September 2, 2017. As
September 2, 2017 is a Saturday and
September 4, 2017 is Labor Day, the
final results were extended until
September 5, 2017.4
Scope of the Order
The merchandise covered by this
order are modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. The product is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
order is dispositive. A full description
of the scope of the order is contained in
2 See Petitioner’s Case Brief, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China: Case Brief of SolarWorld
Americas, Inc.,’’ dated June 8, 2017; GOC’s Case
Brief, ‘‘GOC’s Case Brief: Certain Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China,’’ dated June 8, 2017; Trina Solar’s Case Brief,
‘‘Crystalline Silicon Photovoltaic Products from the
People’s Republic of China: Case Brief,’’ dated June
8, 2017; BYD’s Case Brief, ‘‘Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: BYD’s Case Brief’’ dated June 8, 2017; SNJ’s
Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China: Case
Brief,’’ dated June 8, 2017.
3 See Petitioner’s Rebuttal Brief, ‘‘Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China: Rebuttal Brief of
SolarWorld Americas, Inc.,’’ dated June 15, 2017;
GOC’s Rebuttal Brief, ‘‘GOC’s Rebuttal Brief Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China,’’ dated June 15, 2017;
Trina Solar’s Rebuttal Brief, ‘‘Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Rebuttal Brief,’’ dated June 15, 2017.
4 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Extension of the Deadline for Issuing the
Final Results of the 2014–2015 Countervailing Duty
Administrative Review,’’ dated June 8, 2017.
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the Issues and Decision Memorandum,
which is hereby adopted by this notice.5
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which we
responded in the Issues and Decision
Memorandum is provided in Appendix
I to this notice. 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 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 access directly at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs,
and all supporting documentation, we
made changes from the Preliminary
Results. The Department has modified
its creditworthiness findings for Trina
Solar. In the Preliminary Results, the
Department found Trina Solar to be
uncreditworthy during the 2012–2015
period. After reviewing Trina Solar’s
response to the Department’s
creditworthiness questionnaire,6 the
Department finds that Trina Solar was
uncreditworthy from 2012 to 2013 and
creditworthy during 2014 and 2015.7
Partial Rescission of Review
We are rescinding this administrative
review for 22 companies 8 named in the
Initiation Notice.9 In the Preliminary
Results, we made a preliminary
determination to rescind the review of
companies for which all review requests
were timely withdrawn.10 With the
5 See Memorandum, ‘‘Decision Memorandum for
Final Results and Partial Rescission of
Countervailing Duty Administrative Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China; 2014,’’ dated concurrently with
this notice (Issues and Decision Memorandum).
6 See Trina Solar’s Letter, ‘‘Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Creditworthiness Questionnaire Response,’’
dated April 20, 2017.
7 See Issues and Decision Memorandum.
8 See Appendix II.
9 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324, 20348–20349 (April 7, 2016) (Initiation
Notice).
10 See Preliminary Results 82 FR at 12562–12563.
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]]>Agencies
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42790-42792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19287]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849, A-580-890, A-201-848, A-455-805]
Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of
Korea, Mexico, and Poland: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on emulsion
styrene-butadiene rubber (ESB rubber) from Brazil, the Republic of
Korea (Korea), Mexico, and Poland.
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT: Drew Jackson at (202) 482-4406,
(Brazil); Carrie Bethea at (202) 482-1491, (Korea); Julia Hancock,
(202) 482-1394 (Mexico); Stephen Bailey at (202) 482-0193, (Poland),
AD/CVD Operations, Enforcement and Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on July 19, 2017,
the Department published affirmative final determinations in the less-
than-fair-value (LTFV) investigations of ESB rubber from Brazil, Korea,
Mexico, and Poland.\1\ On September 1, 2017, the ITC notified the
Department of its affirmative determination that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of ESB rubber
from Brazil, Korea, Mexico, and Poland, and its determination that
critical circumstances do not exist with respect to imports of subject
merchandise from Korea subject to the Department's affirmative critical
circumstances determination.\2\
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from Brazil: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances, 82 FR 33048 (July
19, 2017) (Brazil Final); 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, 82 FR 33045 (July 19, 2017) (Korea Final);
Emulsion Styrene-Butadiene Rubber from Mexico: Final Affirmative
Determination of Sales at Less Than Fair Value, 82 FR 33062 (July
19, 2017) (Mexico Final); and Emulsion Styrene-Butadiene Rubber from
Poland: Final Affirmative Determination of Sales at Less Than Fair
Value, 82 FR 33061 (July 19, 2017) (Poland Final).
\2\ See Letter to Gary Taverman, Acting Assistant Secretary of
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade Commission, regarding
emulsion styrene-butadiene rubber from Brazil, Korea, Mexico, and
Poland (September 1, 2017) (ITC Letter).
---------------------------------------------------------------------------
For Mexico, on July 17, 2017, we received comments from Industrias
Negromex S.A. de C.V. (Negromex), the sole mandatory respondent in the
Mexico investigation, that we made ministerial errors in our final
determination.\3\ The allegations raised by Negromex in its comments do
not result in a change to Negromex's margin from the final
determination. As such, we are not amending Negromex's margin from the
final determination.\4\
---------------------------------------------------------------------------
\3\ See Mexico Final.
\4\ See Memorandum, ``Antidumping Duty Investigation of Emulsion
Styrene-Butadiene Rubber from Mexico: Ministerial Error Allegations
Memorandum,'' dated August 22, 2017.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are cold-polymerized emulsion
styrene-butadiene rubber. For a complete description of the scope of
these orders, see the Appendix to this notice.
Antidumping Duty Orders
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified the Department of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of ESB rubber from Brazil,
Korea, Mexico, and Poland. The ITC also notified the Department of its
determination that critical circumstances do not exist with respect to
imports of ESB rubber from Korea subject to the Department's critical
circumstances finding.\5\ Therefore, in accordance with section
735(c)(2) of the Act, the Department is issuing these antidumping duty
orders. Because the ITC determined that imports of ESB rubber from
Brazil, Korea, Mexico, and Poland are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Brazil, Korea,
Mexico, and Poland, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\5\ See ITC Letter.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of ESB
rubber from Brazil, Korea, Mexico, and Poland. Antidumping duties will
be assessed on unliquidated entries of ESB rubber from Brazil, Korea,
Mexico, and Poland entered, or withdrawn from warehouse, for
consumption on or after February 24, 2017, the date of publication of
the preliminary determinations,\6\ but will
[[Page 42791]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination as further described below.
---------------------------------------------------------------------------
\6\ See Emulsion Styrene-Butadiene Rubber from Brazil:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 82 FR 11538 (February 24, 2017) (Brazil Preliminary
Determination); 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)
(Korea Preliminary Determination); Emulsion Styrene-Butadiene Rubber
from Mexico: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 82 FR 11534 (February 24, 2017) (Mexico
Preliminary Determination); and 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) (Poland
Preliminary Determination).
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend liquidation on all relevant
entries of ESB rubber from Brazil, Korea, Mexico, and Poland. These
instructions suspending liquidation will remain in effect until further
notice.
The Department will also instruct CBP to require cash deposits
equal to the amounts as indicated below. Accordingly, effective on the
date of publication of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on this subject merchandise, a cash
deposit equal to the cash deposit rates listed below.\7\ The relevant
all-others rates apply to all producers or exporters not specifically
listed, as appropriate.
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\7\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of ESB rubber from Brazil, Korea, Mexico, and Poland, the
Department extended the four-month period to six months in each
case.\8\ In the underlying investigations, the Department published the
preliminary determinations on February 24, 2017. Therefore, the
extended period, beginning on the date of publication of the
preliminary determination, ended on August 24, 2017. Furthermore,
section 737(b) of the Act states that the collection of final,
estimated cash deposits will begin on the date of publication of the
ITC's final injury determination.
---------------------------------------------------------------------------
\8\ See Brazil Preliminary Determination; Korea Preliminary
Determination; Mexico Preliminary Determination; and Poland
Preliminary Determination.
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Therefore, in accordance with section 733(d) of the Act and our
practice, the Department will instruct CBP to terminate the suspension
of liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of ESB rubber from Brazil, Korea, Mexico, and
Poland entered, or withdrawn from warehouse, for consumption after
August 24, 2017, the date on which the provisional measures expired,
until and through the day preceding the date of publication of the
ITC's final injury determinations in the Federal Register. Suspension
of liquidation will resume on the date of publication of the ITC's
final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of subject merchandise from Korea, the
Department will instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated antidumping duties
with respect to entries of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after November 26, 2016 (i.e., 90
days prior to the date of publication of the preliminary
determinations), but before February 24, 2017, (i.e., the date of
publication of the preliminary determinations).
Estimated Weighted-Average Dumping Margins
The weighted-average antidumping duty margin percentages and cash
deposit rates are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Brazil
------------------------------------------------------------------------
ARLANXEO Brasil S.A......................................... 19.61
All-Others.................................................. 19.61
------------------------------------------------------------------------
Korea
------------------------------------------------------------------------
LG Chem, Ltd................................................ 9.66
Daewoo International Corporation............................ ** 44.30
Kumho Petrochemical Co, Ltd................................. ** 44.30
All-Others.................................................. 9.66
------------------------------------------------------------------------
Mexico
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.--Planta Altamira (Negromex) 19.52
All-Others.................................................. 19.52
------------------------------------------------------------------------
Poland
------------------------------------------------------------------------
Synthos Dwory............................................... 25.43
All-Others.................................................. 25.43
------------------------------------------------------------------------
** (AFA).
This notice constitutes the antidumping duty orders with respect to
ESB rubber from Brazil, Korea, Mexico, and Poland pursuant to section
736(a) of the Act. Interested parties can find a list of antidumping
duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: September 6, 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
Scope of the Orders
The products covered by these orders are cold-polymerized
emulsion styrene-butadiene rubber. The scope of the orders 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
investigations 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 these orders 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 these orders 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
[[Page 42792]]
description of the scope of these investigations is dispositive.
[FR Doc. 2017-19287 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P
