Emulsion Styrene-Butadiene Rubber From Poland: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 34858-34860 [2019-15408]
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34858
Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices
[FR Doc. 2019–15401 Filed 7–18–19; 8:45 am]
BILLING CODE 3410–30–C
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–809]
Stainless Steel Butt-Weld Pipe Fittings
From Malaysia: Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on stainless
steel butt-weld pipe fittings from
Malaysia for the period February 1,
2018, through January 31, 2019, based
on the timely withdrawal of the requests
for review.
DATES: Applicable July 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Joshua A. DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSK3GLQ082PROD with NOTICES
Background
On February 8, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on stainless
steel butt-weld pipe fittings from
Malaysia for the period February 1,
2018, through January 31, 2019.1 On
February 28, 2019, Core Pipe Products,
Inc., Shaw Alloy Piping Products, LLC,
and Taylor Forge Stainless Inc. (the
petitioners), domestic producers of
stainless steel butt-weld pipe fittings,
and Pantech Stainless & Alloy
Industries Sdn. Bhd. (Pantech), an
exporter of stainless steel butt-weld pipe
fittings, filed a timely request for
review, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b).2 Pursuant to these requests
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816
(February 8, 2019).
2 See Letter from the petitioners, ‘‘Stainless Steel
Butt-Weld Pipe Fittings from Malaysia: Petitioners’
Request for 2018/2019 Administrative Review,’’
dated February 28, 2019; see also See Letter from
Pantech, ‘‘Pantech Request for Administrative
Review of the Antidumping Duty Order on
Stainless Steel Butt-Weld Pipe Fittings from
Malaysia,’’ dated February 28, 2019.
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18:36 Jul 18, 2019
Jkt 247001
and in accordance with section 751(a) of
the Act and 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of
three companies.3 On May 6, 2019, the
petitioners filed a timely withdrawal of
request for the administrative review
with respect to Pantech.4 On May 9,
2019, Pantech also filed a timely
withdrawal of its request for the
administrative review.5 On June 14,
2019, the petitioners filed a timely
withdrawal of request for the
administrative review with respect to
the remaining companies subject to the
administrative review.6
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. As noted above,
the petitioners and Pantech, the only
parties to file a request for review,
withdrew their requests by the 90-day
deadline. Accordingly, we are
rescinding antidumping duty review on
stainless steel butt-weld pipe fittings
from Malaysia for the period February 1,
2018, through January 31, 2019, in its
entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of stainless steel butt-weld pipe
fittings from Malaysia. Antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019).
4 See Letter from the petitioners, ‘‘Stainless Steel
Butt-Weld Pipe Fittings from Malaysia: Partial
Withdrawal of Request for Administrative Review,’’
dated May 6, 2019.
5 Letter from Pantech, ‘‘Withdrawal of
Administrative Review & Request for Rescission of
Administrative Review: Administrative Review of
the Antidumping Duty Order on Stainless Steel
Butt-Weld Pipe Fittings from Malaysia,’’ dated May
9, 2019.
6 See Letter from the petitioners, ‘‘Stainless Steel
Butt-Weld Pipe Fittings from Malaysia: Withdrawal
of Request for Administrative Review,’’ dated June
14, 2019.
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Sfmt 4703
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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: July 15, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–15403 Filed 7–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–455–805]
Emulsion Styrene-Butadiene Rubber
From Poland: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of emulsion styrene-butadiene
rubber (ESB rubber) from Poland were
made at less than normal value during
the period of review (POR) February 24,
2017 through August 31, 2018. We
invite interested parties comment on
these preliminary results.
DATES: Applicable July 19, 2019.
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.
AGENCY:
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Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices
the preliminary results of this
administrative review is July 12, 2019.
SUPPLEMENTARY INFORMATION:
Background
jbell on DSK3GLQ082PROD with NOTICES
On September 11, 2018, Commerce
notified interested parties of the
opportunity to request an administrative
review of orders, findings, or suspended
investigations with anniversaries in
September 2018, including the
antidumping duty (AD) order on ESB
rubber from Poland.1 Commerce
received a request from Lion Elastomers
LLC (the petitioner) to conduct an
administrative review of Synthos
Dwory.2
On November 15, 2018, Commerce
published a notice initiating an AD
administrative review of ESB rubber
from Poland covering one company,
Synthos Dwory, for the POR.3 On
November 15, 2018, we issued the AD
questionnaire to Synthos Dwory.4 On
December 17, 2018, Synthos Dwory
informed Commerce that it would not
participate as a mandatory respondent
in this administrative review.5
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.6 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 45888
(September 11, 2018).
2 See Petitioner’s Letter, ‘‘Antidumping Duty
Order on Emulsion Styrene Butadiene Rubber from
Poland (A–455–805): Request for First
Administrative Review,’’ dated September 28, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411, 57413 (November 15, 2018) (Initiation
Notice). The Initiation Notice inadvertently lists the
company as ‘‘Synthos Dwory 7 Spolka z
Orgraniczona Odpowiedzialnoscia Spolka Jawna
(SP.ZO.O.S.J.)’’, but in the company name there
should not be an ‘‘r’’ between ‘‘O’’ and ‘‘g’’ in the
word ‘‘Orgraniczona’’. This error was corrected in
the initiation notice published on December 11,
2018. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615, 63617–18 (December 11, 2018).
4 See Commerce’s Letter, ‘‘Request for
Information Antidumping Duty Administrative
Review,’’ dated November 15, 2018.
5 See Synthos Dwory’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Poland: Notification of
Inability to Participate as Mandatory Respondent,’’
dated December 17, 2018.
6 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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18:36 Jul 18, 2019
Jkt 247001
Scope of the Order
The merchandise subject to the order
is cold-polymerized emulsion styrenebutadiene rubber (ESB rubber).7 The
products subject to this order 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
order is dispositive.
Methodology
Commerce has conducted this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). In conducting our
preliminary results, we have relied on
facts available and, because the
respondent withdrew from participation
in the administrative review and failed
to respond to Commerce’s
questionnaire, we have preliminarily
applied an adverse inference to this
respondent (i.e., Synthos Dwory), in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. For a
full discussion of the rationale
underlying our preliminary results, see
the Preliminary Decision Memorandum.
A list of topics included in the
Preliminary Decision Memorandum is
included as an Appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
7 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for Preliminary Results of the 2017–2018
Antidumping Duty Administrative Review of
Emulsion Styrene-Butadiene Rubber from Poland’’,
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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34859
Preliminary Results of the Review
As a result of this review, we
preliminarily find that the following
dumping margin exists for Synthos
Dwory for the period February 24, 2017
through August 31, 2018:
Exporter/producer
Synthos Dwory 7 Spolka z
Ograniczona
Odpowiedzialnoscia Spolka
Jawna (SP.ZO.O.S.J.) ............
Weightedaverage
dumping
margin
(percent)
44.54
Public Comment
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the
preliminary results within five days of
the date of publication of the notice of
preliminary results in the Federal
Register, in accordance with 19 CFR
351.224(b). However, because
Commerce preliminarily applied AFA to
Synthos Dwory, the only individually
examined company in this
administrative review, in accordance
with section 776 of the Act, there are no
calculations to disclose.
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.8 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the deadline for
filing case briefs.9 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 Case and rebuttal briefs
should be filed electronically using
ACCESS.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. The electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.12
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
8 See
19 CFR 351.309(c).
19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
11 See 19 CFR 351.303.
12 See 19 CFR 351.310(c).
9 See
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Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to notify parties of
the time and date and for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined.13 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.14 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time, on the due dates
established above (or, where applicable,
to be established by Commerce at a later
date). Documents excepted from the
electronic submission requirements
must be filed manually, (i.e., in paper
form) with the APO/Dockets Unit in
Room 18022 and stamped with the date
and time of receipt by on the due date.15
Unless extended, Commerce intends
to issue the final results of this
administrative review, including the
results of its analysis raised in any
written briefs, not later than 120 days
after the publication date of this
notice.16
jbell on DSK3GLQ082PROD with NOTICES
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. Commerce intends
to issue assessment instructions to CBP
15 days after the publication of the final
results of this review. Where
assessments are based upon facts
available, including adverse facts
available, we intend to instruct CBP to
assess duties at the adverse facts
available margin rate. If these
preliminary results are unchanged in
the final results, then Commerce intends
to instruct CBP to assess antidumping
duties on POR entries of the subject
merchandise produced or exported by
Synthos Dwory at the rate of 44.54
percent of the entered value. The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
13 See
14 See
19 CFR 351.310(c).
19 CFR 351.303.
15 Id.
16 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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18:36 Jul 18, 2019
Jkt 247001
shipments of ESB rubber from Poland
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2) of the Act: (1) The
cash deposit rate for Synthos Dwory
will be the rate established in the final
results of this administrative review; (2)
for previously reviewed or investigated
companies not participating in this
review but covered in a prior segment
of the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review or the
original less-than-fair-value
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 25.43 percent, the
all-others rate established in the lessthan-fair value investigation.17 These
cash 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) 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and
section 19 CFR 351.221(b)(4).
17 See Emulsion Styrene-Butadiene Rubber from
Poland: Final Affirmative Determination of Sales at
Less Than Fair Value, 82 FR 33061 (July 19, 2017);
see also Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Antidumping Duty Orders, 82 FR 42790 (September
12, 2017).
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Dated: July 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and
Adverse Inferences
V. Recommendation
[FR Doc. 2019–15408 Filed 7–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Certain Stilbenic Optical Brightening
Agents From Taiwan: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Teh Fong
Min International Co., Ltd. (TFM), the
sole producer and/or exporter of certain
stilbenic optical brightening agents
(OBAs) subject to this administrative
review, has made sales of subject
merchandise at less than normal value
during the period of review (POR) May
1, 2017 to April 30, 2018.
DATES: Applicable July 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2201, and (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 14, 2019, Commerce
published the Preliminary Results of the
administrative review.1 We invited
interested parties to comment on the
Preliminary Results and received case
and rebuttal briefs from interested
parties.2 Commerce exercised its
1 See Certain Stilbenic Optical Brightening Agents
from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review; 2017–2018, 84 FR
9292 (March 14, 2019) (Preliminary Results).
2 See TFM’s Letter, ‘‘RE: Certain Stilbenic Optical
Brightening Agents from Taiwan,’’ dated April 15,
2019; and Petitioner’s Letter, ‘‘Rebuttal Brief by
Archroma U.S., Inc.; Certain Stilbenic Optical
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]]>Agencies
[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34858-34860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15408]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-805]
Emulsion Styrene-Butadiene Rubber From Poland: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of emulsion styrene-butadiene rubber (ESB rubber) from
Poland were made at less than normal value during the period of review
(POR) February 24, 2017 through August 31, 2018. We invite interested
parties comment on these preliminary results.
DATES: Applicable July 19, 2019.
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.
[[Page 34859]]
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce notified interested parties of the
opportunity to request an administrative review of orders, findings, or
suspended investigations with anniversaries in September 2018,
including the antidumping duty (AD) order on ESB rubber from Poland.\1\
Commerce received a request from Lion Elastomers LLC (the petitioner)
to conduct an administrative review of Synthos Dwory.\2\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 45888 (September 11, 2018).
\2\ See Petitioner's Letter, ``Antidumping Duty Order on
Emulsion Styrene Butadiene Rubber from Poland (A-455-805): Request
for First Administrative Review,'' dated September 28, 2018.
---------------------------------------------------------------------------
On November 15, 2018, Commerce published a notice initiating an AD
administrative review of ESB rubber from Poland covering one company,
Synthos Dwory, for the POR.\3\ On November 15, 2018, we issued the AD
questionnaire to Synthos Dwory.\4\ On December 17, 2018, Synthos Dwory
informed Commerce that it would not participate as a mandatory
respondent in this administrative review.\5\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019.\6\ If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. Accordingly, the revised deadline for the
preliminary results of this administrative review is July 12, 2019.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411, 57413 (November 15, 2018)
(Initiation Notice). The Initiation Notice inadvertently lists the
company as ``Synthos Dwory 7 Spolka z Orgraniczona
Odpowiedzialnoscia Spolka Jawna (SP.ZO.O.S.J.)'', but in the company
name there should not be an ``r'' between ``O'' and ``g'' in the
word ``Orgraniczona''. This error was corrected in the initiation
notice published on December 11, 2018. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 83 FR 63615, 63617-
18 (December 11, 2018).
\4\ See Commerce's Letter, ``Request for Information Antidumping
Duty Administrative Review,'' dated November 15, 2018.
\5\ See Synthos Dwory's Letter, ``Emulsion Styrene-Butadiene
Rubber from Poland: Notification of Inability to Participate as
Mandatory Respondent,'' dated December 17, 2018.
\6\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is cold-polymerized emulsion
styrene-butadiene rubber (ESB rubber).\7\ The products subject to this
order 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 order is dispositive.
---------------------------------------------------------------------------
\7\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for Preliminary Results of the
2017-2018 Antidumping Duty Administrative Review of Emulsion
Styrene-Butadiene Rubber from Poland'', dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce has conducted this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
In conducting our preliminary results, we have relied on facts
available and, because the respondent withdrew from participation in
the administrative review and failed to respond to Commerce's
questionnaire, we have preliminarily applied an adverse inference to
this respondent (i.e., Synthos Dwory), in accordance with sections
776(a) and (b) of the Act and 19 CFR 351.308. For a full discussion of
the rationale underlying our preliminary results, see the Preliminary
Decision Memorandum.
A list of topics included in the Preliminary Decision Memorandum is
included as an Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily find that the
following dumping margin exists for Synthos Dwory for the period
February 24, 2017 through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Synthos Dwory 7 Spolka z Ograniczona Odpowiedzialnoscia 44.54
Spolka Jawna (SP.ZO.O.S.J.)................................
------------------------------------------------------------------------
Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results within five days
of the date of publication of the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because Commerce preliminarily applied AFA to Synthos Dwory, the only
individually examined company in this administrative review, in
accordance with section 776 of the Act, there are no calculations to
disclose.
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the deadline for filing case briefs.\9\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\ Case and rebuttal briefs should be filed
electronically using ACCESS.\11\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\11\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. The electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\12\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be
[[Page 34860]]
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce intends to notify parties of the time and date and for
the hearing to be held at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and date to be
determined.\13\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(c).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\14\ An electronically filed document must
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, on the due dates established above (or, where applicable, to be
established by Commerce at a later date). Documents excepted from the
electronic submission requirements must be filed manually, (i.e., in
paper form) with the APO/Dockets Unit in Room 18022 and stamped with
the date and time of receipt by on the due date.\15\
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\14\ See 19 CFR 351.303.
\15\ Id.
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Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis
raised in any written briefs, not later than 120 days after the
publication date of this notice.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Commerce intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of this review. Where assessments are based upon facts available,
including adverse facts available, we intend to instruct CBP to assess
duties at the adverse facts available margin rate. If these preliminary
results are unchanged in the final results, then Commerce intends to
instruct CBP to assess antidumping duties on POR entries of the subject
merchandise produced or exported by Synthos Dwory at the rate of 44.54
percent of the entered value. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of ESB rubber from Poland entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for Synthos Dwory will
be the rate established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
participating in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review or the original less-than-fair-value
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
25.43 percent, the all-others rate established in the less-than-fair
value investigation.\17\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Emulsion Styrene-Butadiene Rubber from Poland: Final
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
33061 (July 19, 2017); see also Emulsion Styrene-Butadiene Rubber
from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping
Duty Orders, 82 FR 42790 (September 12, 2017).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and section 19 CFR
351.221(b)(4).
Dated: July 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Recommendation
[FR Doc. 2019-15408 Filed 7-18-19; 8:45 am]
BILLING CODE 3510-DS-P
