Emulsion Styrene-Butadiene Rubber From Brazil: Amended Final Results of Antidumping Duty Administrative Review; 2017-2018, 47342-47343 [2020-17030]
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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
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Sheleen Dumas,
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the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–16984 Filed 8–4–20; 8:45 am]
BILLING CODE 3510–BP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–849]
Emulsion Styrene-Butadiene Rubber
From Brazil: Amended Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty (AD) order on
emulsion styrene-butadiene rubber (ESB
rubber) from Brazil to correct two
ministerial errors.
DATES: Applicable August 5, 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:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
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16:55 Aug 04, 2020
Jkt 250001
Background
On June 29, 2020, Commerce
published its Final Results of the 2017–
2018 administrative review of the AD
order on ESB rubber from Brazil.1 On
June 30, 2020, ARLANXEO Brasil S.A.
(ARLANXEO Brasil), the sole
respondent in this administrative
review, timely submitted ministerial
error comments regarding Commerce’s
Final Results.2 On July 6, 2020, the
petitioner 3 filed timely ministerial error
rebuttal comments.4 Commerce is
amending its Final Results to correct
two ministerial errors raised by
ARLANXEO Brasil.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 5 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review. . . .’’
Ministerial Error
Commerce committed two errors
within the meaning of section 751(h) of
the Act and 19 CFR 351.224(f). First,
Commerce committed a clerical error
with respect to setting the window
period established by 19 CFR 351.414
for the matching of sales, which
impacted the matching of U.S. sales to
home-market sales by the month in
which the sale occurred. Specifically,
contrary to our intent, in the margin
calculation program we set the
beginning of the window period at
February 1, 2017 rather than November
1, 2016. Second, Commerce committed
a calculation error in analyzing the data
related to an alleged sample sale.
Specifically, Commerce made an
arithmetical error, and as a result,
incorrectly concluded that the sale was
1 See Emulsion Styrene-Butadiene Rubber from
Brazil: Final Results of Antidumping Duty
Administrative Review; 2017–2018, 85 FR 38847
(June 29, 2020) (Final Results).
2 See ARLANXEO Brasil’s Letter, ‘‘Emulsion
Styrene-Butadiene Rubber from Brazil: Ministerial
Error Comments on the Final Results Margin
Calculation for ARLANXEO,’’ dated June 30, 2020.
3 The petitioner is Lion Elastomers, LLC.
4 See Petitioner’s Letter, ‘‘Antidumping Review of
Emulsion Styrene-Butadiene Rubber (E–SBR) from
Brazil: Reply to ARLANXEO’s Ministerial Error
Comments,’’ dated July 6, 2020.
5 See 19 CFR 351.224(f).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
made for consideration such that it
should be included in the margin
calculation. As clerical and arithmetic
errors, these constitute ministerial errors
within the meaning of 19 CFR
351.224(f). Accordingly, Commerce
determines that, in accordance with
section 751(h) of the Act and 19 CFR
351.224(f), it made ministerial errors in
the Final Results. Pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the correction of
these ministerial errors in the
calculation of the final weighted-average
dumping margin assigned to
ARLANXEO Brasil, which changes from
21.22 percent to 18.38 percent.6
Amended Final Results of the Review
As a result of correcting these
ministerial errors described above,
Commerce determines that, for the
period of review (POR) February 24,
2017 through August 31, 2018, the
following weighted-average dumping
margin exists:
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
ARLANXEO Brasil S.A ...............
18.38
Disclosure
We intend to disclose the calculation
performed for these amended final
results in accordance with 19 CFR
351.224(b).
Antidumping Duty Assessment
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
amended 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’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these
amended final results of review for
which the reviewed companies did not
know that the merchandise they sold to
6 See Memorandum, ‘‘Ministerial Error
Memorandum for the Final Results of the 2017–
2018 Antidumping Duty Administrative Review of
Emulsion Styrene-Butadiene Rubber from Brazil,’’
dated concurrently with, and hereby adopted by,
this notice.
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
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.7
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of subject
merchandise that entered, or withdrawn
from warehouse, for consumption on or
after June 29, 2020, the date of
publication of the Final Results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for ARLANXEO
Brasil will be equal to the weightedaverage dumping margin established in
these amended final results of review;
(2) for producers or exporters not
covered 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; (3) if the exporter is not a
firm covered in this review or another
completed segment of this proceeding,
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 merchandise; and (4) if neither the
exporter nor the producer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 19.61 percent
established in the less-than-fair-value
investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
jbell on DSKJLSW7X2PROD with NOTICES
This notice also 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 occurred and the
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 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).
VerDate Sep<11>2014
16:55 Aug 04, 2020
Jkt 250001
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (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 or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
These amended final results and
notice are issued and published in
accordance with sections 751(h) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–17030 Filed 8–4–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–133]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Initiation of Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 29, 2020.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton at (202) 482–0012 or
Laurel LaCivita at (202) 482–4243; AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On July 9, 2020, the U.S. Department
of Commerce (Commerce) received an
antidumping duty (AD) petition
concerning imports of certain metal
lockers and parts thereof (metal lockers)
from the People’s Republic of China
(China) filed in proper form on behalf of
List Industries, Inc., Lyon LLC, Penco
Products, Inc., and Tennsco LLC
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
47343
(collectively, the petitioners), domestic
producers of metal lockers.1 The
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of metal lockers
from China.2
On July 13, 2020, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in separate supplemental
questionnaires.3 Further, on July 22,
2020, Commerce held a conversation via
telephone with counsel to the
petitioners requesting further
clarification regarding certain issues.4
As part of these requests, Commerce
asked that the petitioners provide
further information regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
reflection of the products for which the
domestic industry is seeking relief.5 On
July 16, 17, and 23, 2020, the petitioners
filed responses to Commerce’s
supplemental questionnaires, which
included revisions to the scope.6
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of metal lockers from China are being,
or are likely to be, sold in the United
States at less than fair value (LTFV)
within the meaning of section 731 of the
Act, and that imports of such products
are materially injuring, or threatening
material injury to, the domestic metal
locker industry in the United States.
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Certain Metal Lockers and Parts Thereof
from the People’s Republic of China,’’ dated July 9,
2020 (the Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Certain Metal Lockers
and Parts Thereof from the People’s Republic of
China—Petitions for the Imposition of Antidumping
and Countervailing Duties: Supplemental
Questions,’’ (Volume I Supplemental
Questionnaire); and ‘‘Certain Metal Lockers and
Parts Thereof from the People’s Republic of China—
Petition for the Imposition of Antidumping Duties:
Supplemental Questions,’’ (Volume II
Supplemental Questionnaire) both dated July 13,
2020.
4 See Memorandum, ‘‘Telephone Conversation
with the Petitioners regarding Antidumping and
Countervailing Duty Petitions Covering Certain
Metal Lockers and Parts Thereof from the People’s
Republic of China,’’ dated July 22, 2020.
5 Id.
6 See Petitioners’ Letters, ‘‘Certain Metal Lockers
and Parts Thereof from the People’s Republic of
China—Petitioners’ Response to Supplemental
Questionnaire Regarding Volume I: General Issues’’
(First General Issues Supplement); ‘‘Certain Metal
Lockers and Parts Thereof from the People’s
Republic of China—Petitioners’ Response to
Supplemental Questionnaire Regarding Volume II:
Antidumping Duty Petition’’ (China AD
Supplement), both dated July 16, 2020; and
‘‘Certain Metal Lockers and Parts Thereof from the
People’s Republic of China—Petitioners’
Petitioners’ Second Amendment to Volume I
Relating to General Issues,’’ dated July 23, 2020
(Second General Issues Supplement).
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47342-47343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849]
Emulsion Styrene-Butadiene Rubber From Brazil: Amended 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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on emulsion styrene-butadiene rubber (ESB rubber) from Brazil to
correct two ministerial errors.
DATES: Applicable August 5, 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 June 29, 2020, Commerce published its Final Results of the 2017-
2018 administrative review of the AD order on ESB rubber from
Brazil.\1\ On June 30, 2020, ARLANXEO Brasil S.A. (ARLANXEO Brasil),
the sole respondent in this administrative review, timely submitted
ministerial error comments regarding Commerce's Final Results.\2\ On
July 6, 2020, the petitioner \3\ filed timely ministerial error
rebuttal comments.\4\ Commerce is amending its Final Results to correct
two ministerial errors raised by ARLANXEO Brasil.
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from Brazil: Final
Results of Antidumping Duty Administrative Review; 2017-2018, 85 FR
38847 (June 29, 2020) (Final Results).
\2\ See ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene
Rubber from Brazil: Ministerial Error Comments on the Final Results
Margin Calculation for ARLANXEO,'' dated June 30, 2020.
\3\ The petitioner is Lion Elastomers, LLC.
\4\ See Petitioner's Letter, ``Antidumping Review of Emulsion
Styrene-Butadiene Rubber (E-SBR) from Brazil: Reply to ARLANXEO's
Ministerial Error Comments,'' dated July 6, 2020.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce committed two errors within the meaning of section 751(h)
of the Act and 19 CFR 351.224(f). First, Commerce committed a clerical
error with respect to setting the window period established by 19 CFR
351.414 for the matching of sales, which impacted the matching of U.S.
sales to home-market sales by the month in which the sale occurred.
Specifically, contrary to our intent, in the margin calculation program
we set the beginning of the window period at February 1, 2017 rather
than November 1, 2016. Second, Commerce committed a calculation error
in analyzing the data related to an alleged sample sale. Specifically,
Commerce made an arithmetical error, and as a result, incorrectly
concluded that the sale was made for consideration such that it should
be included in the margin calculation. As clerical and arithmetic
errors, these constitute ministerial errors within the meaning of 19
CFR 351.224(f). Accordingly, Commerce determines that, in accordance
with section 751(h) of the Act and 19 CFR 351.224(f), it made
ministerial errors in the Final Results. Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Results to reflect the correction of
these ministerial errors in the calculation of the final weighted-
average dumping margin assigned to ARLANXEO Brasil, which changes from
21.22 percent to 18.38 percent.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Ministerial Error Memorandum for the Final
Results of the 2017-2018 Antidumping Duty Administrative Review of
Emulsion Styrene-Butadiene Rubber from Brazil,'' dated concurrently
with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Amended Final Results of the Review
As a result of correcting these ministerial errors described above,
Commerce determines that, for the period of review (POR) February 24,
2017 through August 31, 2018, the following weighted-average dumping
margin exists:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
ARLANXEO Brasil S.A........................................ 18.38
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
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 amended 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'' will apply to entries of
subject merchandise during the POR produced by companies included in
these amended final results of review for which the reviewed companies
did not know that the merchandise they sold to
[[Page 47343]]
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.\7\
---------------------------------------------------------------------------
\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise that entered, or
withdrawn from warehouse, for consumption on or after June 29, 2020,
the date of publication of the Final Results of this administrative
review, as provided for by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for ARLANXEO Brasil will be equal to the weighted-
average dumping margin established in these amended final results of
review; (2) for producers or exporters not covered 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; (3) if the exporter is
not a firm covered in this review or another completed segment of this
proceeding, 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 merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 19.61 percent established in the less-than-
fair-value investigation.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (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 or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17030 Filed 8-4-20; 8:45 am]
BILLING CODE 3510-DS-P
