Emulsion Styrene-Butadiene Rubber From Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 42352-42353 [2020-15153]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42352-42353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15153]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-890]


Emulsion Styrene-Butadiene Rubber From Republic of Korea: 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 the 
producers/exporters subject to this administrative review made sales of 
emulsion styrene-butadiene rubber (ESB rubber) from the Republic of 
Korea (Korea) at less than normal value during the period of review 
(POR) February 24, 2017 through August 31, 2018.

DATES: Applicable July 14, 2020.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3878.

SUPPLEMENTARY INFORMATION:

Background

    This review covers seven producers and/or exporters of the subject 
merchandise. Commerce selected one mandatory respondent for individual 
examination: LG Chem, Ltd. (LG Chem). The producers/exporters which 
were not selected for individual examination are listed in the ``Final 
Results of the Administrative Review'' section of this notice.
    On November 15, 2018, we published our initiation of an 
administrative review of the antidumping duty order on ESB rubber from 
Korea.\1\ On November 26, 2019, we published the Preliminary Results of 
this administrative review.\2\ On December 30, 2019, Lion Elastomers, 
LLC (the petitioner) submitted a case brief.\3\ On January 6, 2020, LG 
Chem submitted a rebuttal brief.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018).
    \2\ See Emulsion Styrene-Butadiene Rubber from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2018, 84 FR 65114 (November 26, 2019) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Petitioner's Letter, ``Case Brief,'' dated December 30, 
2019.
    \4\ See LG Chem's Letter, ``LG Chem's Rebuttal Brief,'' dated 
January 6, 2020; see also LG Chem's Letter, ``Errata to LG Chem's 
Rebuttal Brief,'' dated January 7, 2020.
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    On March 2, 2020, we extended the deadline for the final results of 
this review to May 21, 2020.\5\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days, thereby extending the 
deadline for these final results until July 10, 2020.\6\ Commerce 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).
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    \5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from the 
Republic of Korea: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2017-2018,'' dated March 2, 
2020.
    \6\ 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.
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Scope of the Order

    The merchandise covered by this order is cold-polymerized emulsion 
styrene-butadiene rubber.\7\ The subject merchandise is currently 
classifiable under subheadings 4002.19.0015 and 4002.19.0019 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 scope of the order is dispositive.
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    \7\ For a full description of the scope, see Memorandum, 
``Decision Memorandum for the Final Results of the Administrative 
Review of the Antidumping Duty Order: Emulsion Styrene-Butadiene 
Rubber from the Republic of Korea; 2017-2018,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are listed in the appendix to this notice and are addressed in the 
Issues and Decision Memorandum. 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 at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes to the Preliminary Results

    In the Preliminary Results, we found that LG Chem was entitled to a 
constructed export price (CEP) offset.\8\ After further review, we find 
that a CEP offset is not warranted for LG Chem.\9\ Additionally, we 
have incorporated several minor changes in the margin program.\10\ For 
a discussion of the above-referenced changes, see the ``Changes to the 
Preliminary Results'' section of the Issues and Decision Memorandum.
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    \8\ See PDM at VII.C.
    \9\ See Issues and Decision Memorandum at Comment 1.
    \10\ See Memorandum, ``Final Results Analysis Memorandum for LG 
Chem, Ltd.,'' dated concurrently with this notice.
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Rates for Non-Examined Companies

    As a result of this review, we calculated a weighted-average 
dumping margin for LG Chem. Accordingly, Commerce has assigned to the 
companies not selected for individual examination the margin calculated 
for LG Chem.

Final Results of the Administrative Review

    The weighted-average dumping margins for the final results of this 
administrative review are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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LG Chem, Ltd...............................................         4.19
Daewoo International Corporation \11\......................         4.19
Kumho Petrochemical Co. Ltd................................         4.19
Sungsan International Co, Ltd..............................         4.19
WE International Co., Ltd..................................         4.19
Kukje Trading Corp.........................................         4.19
Hyundai Glovis Co., Ltd....................................         4.19
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Disclosure
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    \11\ We note that in the Initiation Notice, we spelled the name 
of Daewoo International Corporation as ``Daewoo International 
Corporatin.'' However, the spelling should have been ``Daewoo 
International Corporation.'' See Lion Elastomers LLC's Letter, 
``Antidumping Duty Order on Emulsion Styrene Butadiene Rubber from 
Korea (A-580-890): Request for First Administrative Review,'' dated 
September 28, 2018.
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    We will disclose to interested parties the calculations performed 
in

[[Page 42353]]

connection with these final results within five days of the publication 
of this notice, consistent with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 212(b)(1), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review.
    For LG Chem, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
sales value associated with those sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
where an importer-specific assessment rate is not zero or de minimis. 
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
importer-specific assessment rate is zero or de minimis.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by LG Chem, for which LG 
Chem did not know that the merchandise was destined for the United 
States, 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.\12\
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    \12\ 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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    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to LG Chem's dumping margin 
identified above.\13\ 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.\14\
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    \13\ The Act does not specify how to calculate a dumping margin 
for a respondent that is not selected for individual review in an 
administrative review. Therefore, we look to section 735(c)(5)(A) of 
the Act, which explains how to calculate the ``all others'' rate in 
an investigation, for guidance. Consistent with how we would 
calculate the ``all others'' rate in an investigation, we are basing 
the dumping margin for non-selected companies on the weighted-
average dumping margin calculated for the selected respondent, LG 
Chem.
    \14\ See section 751(a)(2)(C) of the Act.
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    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review 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)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this administrative 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; (3) if the exporter is 
not a firm covered in this review, a prior 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 of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 9.66 percent, the all-others rate established in the 
investigation.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \15\ See 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).
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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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until July 17, 2020, unless extended.\16\
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    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).

    Dated: July 8, 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. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Constructed Export Price (CEP) Offset Treatment
    Comment 2: Cost of Production (COP) Adjustment
    Comment 3: Value Added Tax (VAT) Adjustment
VI. Recommendation

[FR Doc. 2020-15153 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P