Emulsion Styrene-Butadiene Rubber from Brazil: Final Results of Antidumping Duty Administrative Review; 2017-2018, 38847-38849 [2020-13945]
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
Scope of the Order
The merchandise subject to this order
is prestressed concrete steel wire (PC
strand), which is steel strand produced
from wire of non-stainless, nongalvanized steel, which is suitable for
use in prestressed concrete (both pretensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered
strand and all types, grades, and
diameters of PC strand.
The merchandise under this order is
currently classifiable under subheadings
7312.10.3010 and 7312.10.3012 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under investigation is dispositive.
Analysis of Comments Received
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A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of countervailable subsidies
and the net countervailable subsidy
likely to prevail if the Order were
revoked, is provided in the Issues and
Decision Memorandum.6 A list of the
topics discussed in the Issues and
Decision Memorandum is attached as an
appendix 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 Services System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Net
countervailable
subsidy
(percent)
Producers/exporters
All Manufacturers/Producers/Exporters .........
62.92
Administrative Protective Order
This notice serves as the only
reminder to 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 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.
Notification to Interested Parties
Commerce is issuing and publishing
the final results and notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act, and 19 CFR
351.218.
Dated: June 23, 2020.
Jeffrey I. Kessler,
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. History of the Order
V. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VI. Final Results of Sunset Review
VII. Recommendation
[FR Doc. 2020–13946 Filed 6–26–20; 8:45 am]
BILLING CODE 3510–DS–P
Final Results of Sunset Review
DEPARTMENT OF COMMERCE
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the CVD Order on PC
strand from India would be likely to
lead to continuation or recurrence of
countervailable subsidies at the
following rate:
International Trade Administration
6 See
Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Third Sunset Review of the Countervailing Duty
Order on Prestressed Concrete Steel Wire Strand
from the India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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[A–351–849]
Emulsion Styrene-Butadiene Rubber
from Brazil: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that ARLANXEO
Brasil S.A. (ARLANXEO Brasil) made
sales of certain emulsion styreneAGENCY:
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38847
butadiene rubber (ESB rubber) from
Brazil at less than normal value during
the period of review (POR) February 24,
2017 through August 31, 2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson, 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) 482–4406.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2019, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results.2 This review
covers one respondent, ARLANXEO
Brasil S.A. (ARLANXEO Brasil). On
December 13, 2019, ARLANXEO Brasil
filed a case brief 3 and on December 23,
2019, the petitioner, Lion Elastomers,
LLC, filed a rebuttal brief.4 On January
29, 2019, Commerce held a public
hearing.5 On February 10, 2020,
Commerce extended the deadline for
issuing the final results of this review by
42 days.6 On April 17, 2020, Commerce
extended the deadline for issuing the
final results of this review by an
additional 18 days.7 On April 24, 2020,
1 See Emulsion Styrene-Butadiene Rubber from
Brazil: Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 61889
(November 14, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Id.
3 See ARLANXEO Brasil’s Letter, ‘‘Emulsion
Styrene-Butadiene Rubber from Brazil:
ARLANXEO’s Case Brief,’’ dated December 13,
2019.
4 Commerce rejected the petitioner’s December
23, 2019 rebuttal brief because it contained
untimely filed new factual information. See
Commerce’s Letter, ‘‘Antidumping Duty
Administrative Review of Emulsion StyreneButadiene Rubber from Brazil: Rejection of Rebuttal
Brief,’’ dated January 16, 2020. On January 17, 2020,
the petitioner submitted a redacted rebuttal brief,
which Commerce also rejected because it contained
additional revisions that were not requested by
Commerce. See Commerce’s Letter, ‘‘Antidumping
Duty Administrative Review of Emulsion StyreneButadiene Rubber from Brazil: Rejection of Lion
Elastomers, LLC’s January 17, 2020 Rebuttal Brief,’’
dated January 31, 2020. On January 31, 2020, the
petitioner refiled its redacted rebuttal brief. See
Petitioner’s Letter, ‘‘Antidumping Review of
Emulsion Styrene-Butadiene Rubber (E–SBR) from
Brazil: Rebuttal Brief,’’ dated January 31, 2020.
5 See Public Hearing Transcript (undated),
submitted February 5, 2020.
6 See Memorandum, ‘‘Emulsion Styrene
Butadiene Rubber from Brazil: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated
February 10, 2020.
7 See Memorandum, ‘‘Emulsion Styrene
Butadiene Rubber from Brazil: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated April
17, 2020.
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38848
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
Commerce tolled all deadlines in
administrative reviews by 50 days,
thereby extending the deadline for these
results until July 1, 2020.8 Commerce
conducted this review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Results, we have made changes to the
weighted-average dumping margin for
ARLANXEO Brasil. For detailed
information, see the Issues and Decision
Memorandum.
Scope of the Order
The merchandise covered by the order
is certain emulsion styrene-butadiene
rubber from Brazil. The merchandise
subject to this order is 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. For a full
description of the scope, see the Issues
and Decision Memorandum.9
As a result of this review, Commerce
determines that the following weightedaverage dumping margin exists for the
period February 24, 2017 through
August 31, 2018:
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
jbell on DSKJLSW7X2PROD with NOTICES
Changes Since the Preliminary Results
Based on a review of the record and
an analysis of the comments received
from parties regarding the Preliminary
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Order on Emulsion Styrene-Butadiene Rubber from
Brazil,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Jkt 250001
Final Results of the Review
Exporter/producer
ARLANXEO Brasil S.A. ..............
Weightedaverage
margin
(percent)
21.22
Disclosure of Calculations
We intend to disclose the calculations
performed for these final results within
five days of the date of publication of
this notice to parties in this proceeding,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protections (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. We will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of antidumping duties
calculated for each importer’s examined
sales and the total entered value of the
sales in accordance with 19 CFR
351.212(b)(1).
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.10
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
10 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
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 ARLANXEO Brasil
S.A. will be equal to the weightedaverage dumping margin established in
the final results of this review; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit 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 investigation, but the producer
is, then the cash deposit rate will be the
rate established for the most recently
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other producers
or exporters will continue to be 19.61
percent, the all-others rate established
in the less-than-fair-value
investigation.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final 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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only
reminder to parties subject to APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
11 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, 2019).
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
and the terms of an APO is a
sanctionable violation.
Notice to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Sales Occurred at
Different Levels of Trade
Comment 2: Whether to Deduct Impostos
Sobre Produtos Industrializados (IPI)
Taxes from Home-Market Price
Comment 3: Preliminary Margin
Calculations
VI. Recommendation
[FR Doc. 2020–13945 Filed 6–26–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–944]
Certain Oil Country Tubular Goods
From the People’s Republic of China:
Final Results of the Expedited Second
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that revocation of the
countervailing duty (CVD) order on
certain oil country tubular goods
(OCTG) from the People’s Republic of
China (China) would be likely to lead to
continuation or recurrence of
countervailable subsidies.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Mary Kolberg, 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) 482–5075 or (202) 482–1785,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On January 20, 2010, Commerce
published the countervailing duty order
VerDate Sep<11>2014
20:25 Jun 26, 2020
Jkt 250001
on OCTG from China.1 On April 1,
2020, Commerce published the
initiation of the second sunset review of
this order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On April 14, 2020, Commerce
received a notice of intent to participate
from Maverick Tube Corporation,
Tenaris Bay City, Inc., and IPSCO
Tubulars Inc. (collectively, Tenaris
USA), and on April 16, 2020, Commerce
received a notice of intent to participate
from United States Steel Corporation
(U.S. Steel), Vallourec Star, L.P. and
Welded Tube USA, Inc. (collectively,
Vallourec USA), and BENTELER Steel/
Tube Manufacturing Corp.
(BENTELER).3 All notices of intent to
participate were filed within the
deadline specified in 19 CFR
351.218(d)(1)(i). Tenaris USA, U.S.
Steel, Vallourec USA, and BENTELER
(collectively, domestic interested
parties) claimed interested party status
under section 771(9)(C) of the Act as
producers of OCTG in the United States.
On May 1, 2020, Commerce received
an adequate substantive response from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3).4 Commerce did not
receive any submissions from any other
interested parties. Because Commerce
did not receive a substantive response
from either the Government of China
(GOC) or the respondent interested
parties who are producers or exporters
of OCTG, we determined that
respondent interested parties provided
inadequate responses to Commerce’s
notice of initiation.
On May 22, 2020, Commerce notified
the U.S. International Trade
Commission that it did not receive an
1 See Certain Oil Country Tubular Goods from the
People’s Republic of China: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203 (January 20,
2010) (CVD Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85
FR 18189 (April 1, 2020).
3 See Tenaris USA’s Letter, ‘‘Notice of Intent to
Participate in Second Sunset Reviews of the
Antidumping and
Countervailing Duty Orders on Oil Country
Tubular Goods from the People’s Republic of
China,’’ dated April 14, 2020; see also U.S. Steel’s
Letter, ‘‘Five-Year (‘‘Sunset’’) Review of
Antidumping and Countervailing Duty Orders on
Oil Country Tubular Goods from China: Notice of
Intent to Participate’’; Vallourec USA’s Letter, ‘‘Oil
Country Tubular Goods from the People’s Republic
of China, Second Sunset Review: Notice of Intent
to Participate’’; and BENTELER’s Letter, ‘‘Notice of
Intent to Participate in Second Sunset Reviews of
the Antidumping and Countervailing Duty Orders
on Oil Country Tubular Goods from the People’s
Republic of China’’; each dated April 16, 2020.
4 See Domestic Interested Parties’ Letter, ‘‘Oil
Country Tubular Goods from the People’s Republic
of China: Substantive Response of the Domestic
Industry to Commerce’s Notice of Initiation of FiveYear (‘‘Sunset’’) Review,’’ dated May 1, 2020.
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38849
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(B)–(C), Commerce is
conducting an expedited (120-day)
sunset review of the CVD Order.
Scope of the Order
Imports covered by the order are
shipments of certain oil country tubular
goods, which are hollow steel products
of circular cross-section, including oil
well casing and tubing, of iron (other
than cast iron) or steel (both carbon and
alloy), whether seamless or welded,
regardless of end finish (e.g., whether or
not plain end, threaded, or threaded and
coupled) whether or not conforming to
American Petroleum Institute (API) or
non-API specifications, whether
finished (including limited service
OCTG products) or unfinished
(including green tubes and limited
service OCTG products), whether or not
thread protectors are attached. The
scope of the order also covers OCTG
coupling stock. Excluded from the scope
of the order are casing or tubing
containing 10.5 percent or more by
weight of chromium; drill pipe;
unattached couplings; and unattached
thread protectors.
The merchandise subject to this order
may be classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated April 1, 2020,’’ dated May 22, 2020.
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]]>Agencies
[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38847-38849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849]
Emulsion Styrene-Butadiene Rubber from Brazil: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that ARLANXEO
Brasil S.A. (ARLANXEO Brasil) made sales of certain emulsion styrene-
butadiene rubber (ESB rubber) from Brazil at less than normal value
during the period of review (POR) February 24, 2017 through August 31,
2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Drew Jackson, 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) 482-4406.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results.\2\ This review covers one respondent, ARLANXEO Brasil S.A.
(ARLANXEO Brasil). On December 13, 2019, ARLANXEO Brasil filed a case
brief \3\ and on December 23, 2019, the petitioner, Lion Elastomers,
LLC, filed a rebuttal brief.\4\ On January 29, 2019, Commerce held a
public hearing.\5\ On February 10, 2020, Commerce extended the deadline
for issuing the final results of this review by 42 days.\6\ On April
17, 2020, Commerce extended the deadline for issuing the final results
of this review by an additional 18 days.\7\ On April 24, 2020,
[[Page 38848]]
Commerce tolled all deadlines in administrative reviews by 50 days,
thereby extending the deadline for these results until July 1, 2020.\8\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from Brazil:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 61889 (November 14, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
\3\ See ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene
Rubber from Brazil: ARLANXEO's Case Brief,'' dated December 13,
2019.
\4\ Commerce rejected the petitioner's December 23, 2019
rebuttal brief because it contained untimely filed new factual
information. See Commerce's Letter, ``Antidumping Duty
Administrative Review of Emulsion Styrene-Butadiene Rubber from
Brazil: Rejection of Rebuttal Brief,'' dated January 16, 2020. On
January 17, 2020, the petitioner submitted a redacted rebuttal
brief, which Commerce also rejected because it contained additional
revisions that were not requested by Commerce. See Commerce's
Letter, ``Antidumping Duty Administrative Review of Emulsion
Styrene-Butadiene Rubber from Brazil: Rejection of Lion Elastomers,
LLC's January 17, 2020 Rebuttal Brief,'' dated January 31, 2020. On
January 31, 2020, the petitioner refiled its redacted rebuttal
brief. See Petitioner's Letter, ``Antidumping Review of Emulsion
Styrene-Butadiene Rubber (E-SBR) from Brazil: Rebuttal Brief,''
dated January 31, 2020.
\5\ See Public Hearing Transcript (undated), submitted February
5, 2020.
\6\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from
Brazil: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated February 10, 2020.
\7\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from
Brazil: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated April 17, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain emulsion styrene-
butadiene rubber from Brazil. The merchandise subject to this order is
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. For a full
description of the scope, see the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Order on Emulsion Styrene-Butadiene Rubber from
Brazil,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and an analysis of the comments
received from parties regarding the Preliminary Results, we have made
changes to the weighted-average dumping margin for ARLANXEO Brasil. For
detailed information, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period February 24, 2017
through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
ARLANXEO Brasil S.A......................................... 21.22
------------------------------------------------------------------------
Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for each importer's examined sales and the total entered
value of the sales in accordance with 19 CFR 351.212(b)(1).
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise 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 ARLANXEO Brasil
S.A. will be equal to the weighted-average dumping margin established
in the final results of this review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of
this proceeding, the cash deposit 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 investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 19.61 percent, the all-
others rate established in the less-than-fair-value investigation.\11\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\11\ 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, 2019).
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Notification to Importers
This notice serves as a final 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations
[[Page 38849]]
and the terms of an APO is a sanctionable violation.
Notice to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Sales Occurred at Different Levels of Trade
Comment 2: Whether to Deduct Impostos Sobre Produtos
Industrializados (IPI) Taxes from Home-Market Price
Comment 3: Preliminary Margin Calculations
VI. Recommendation
[FR Doc. 2020-13945 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P
