Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Final Results of the Administrative Review of the Antidumping Duty Order; 2018-2019, 67512-67513 [2020-23516]

Download as PDF 67512 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES included in the NME Analysis Memo.11 The NME Analysis Memo is a public document on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the NME Analysis Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/ index.html. The signed NME Analysis Memo and the electronic versions of the NME Analysis Memo are identical in content. Final Results of Changed Circumstances Reviews These CCRs were conducted pursuant to section 771(18)(A) of the Tariff Act of 1930, as amended (the Act), which defines the term ‘‘non-market economy country’’ as any foreign country determined by Commerce not to ‘‘operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise.’’ Section 771(18)(B) of the Act lists six factors Commerce must consider in any inquiry made under section 771(18)(A) of the Act, and under section 771(18)(C)(i) of the Act, a country’s NME country status remains in effect until revoked. Section 771(18)(B) of the Act requires that Commerce take into account: (1) The extent to which the currency of the foreign country is convertible into the currency of other countries; (2) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (3) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (4) the extent of government ownership or control of the means of production; (5) the extent of government control over the allocation of resources and over the price and output decisions of enterprises; and (6) such other factors as the administering authority (i.e., Commerce) considers appropriate. In these final results, Commerce concludes that Belarus remains an NME country, based on an analysis of these six factors. The Belarusian government’s role in the economy and its relationship with markets and the private sector lead to fundamental distortions and allocative efficiency problems, and affect 11 See Memorandum, ‘‘Final Results of Changed Circumstances Reviews Regarding Belarus’ Status as a Non-Market Economy Country,’’ dated concurrently with, and hereby adopted by, this notice (NME Analysis Memo). VerDate Sep<11>2014 18:09 Oct 22, 2020 Jkt 253001 Belarusian costs or pricing structures that are relevant to Commerce’s antidumping analysis. Commerce’s analysis and reasoning in support of its conclusion are detailed in the NME Analysis Memo. Notification to Interested Parties This determination is issued and published in accordance with sections 751(b) and 771(18)(C)(ii) of the Act. Dated: October 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–23513 Filed 10–22–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–890] Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Final Results of the Administrative Review of the Antidumping Duty Order; 2018– 2019 Enforcement and Compliance International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that sales of emulsion styrene butadiene rubber (ESB rubber) from the Republic of Korea (Korea) were made at less than normal value during the period of review (POR) September 1, 2018 through August 31, 2019. DATES: Applicable October 23, 2020. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2020, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on ESB rubber from Korea, wherein we applied facts otherwise available with adverse inferences to the sole mandatory respondent, LG Chem, Ltd. (LG Chem), because LG Chem notified Commerce that it would not participate in the review.1 We invited parties to submit 1 See Emulsion Styrene-Butadiene Rubber from the Republic of Korea: Preliminary Results of the Administrative Review of the Antidumping Duty Order 2018–2019, 85 FR 39534 (July 1, 2020) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM); see also PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 comments on the Preliminary Results. No party submitted comments. Accordingly, the final results remain unchanged from the Preliminary Results. On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 60 days.2 The deadline for the final results of this review is now December 28, 2020.3 Scope of the Order The merchandise subject to this order is cold-polymerized emulsion styrenebutadiene rubber. Subject merchandise includes but is not limited to ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets strip, etc. ESB rubber consists of nonpigmented rubbers and oil-extended non-pigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process. ESB rubber is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The scope of the review covers grades of ESB rubber included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades are oil-extended and thus darker in color, and are often called ‘‘Brown Rubber.’’ Specifically excluded from the scope of this order are products which are manufactured by blending ESB rubber with other polymers, high styrene resin master batch, carbon black master batch (i.e., HSRP 1600 series and 1800 series) and latex (an intermediate product). The subject merchandise is 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 the CAS registry number are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. LG Chem’s Letter, ‘‘Emulsion Styrene Butadiene Rubber (ESBR) from Korea: LG Chem’s Decision to Stop Participating in AD Review,’’ dated January 13, 2020. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 3 Id. E:\FR\FM\23OCN1.SGM 23OCN1 67513 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices Final Results of Review result of this review, we continue to determine that the following percentage weighted-average dumping margins We made no changes from the Preliminary Results. Therefore, as a exist for the period of September 1, 2018 through August 31, 2019: Dumping margin (percent) Producers/exporters LG Chem Ltd.4 ..................................................................................................................................................................................... Review-Specific Rate Applicable to the Following Companies: 5 Daewoo International Corporation ................................................................................................................................................ Hyundai Glovis Co ........................................................................................................................................................................ Kukje Trading Corp ...................................................................................................................................................................... Kumho Petrochemical Co. Ltd ..................................................................................................................................................... Sungsan International Co., Ltd ..................................................................................................................................................... WE International Co., Ltd ............................................................................................................................................................. Assessment Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). These final results of review remain unchanged from the Preliminary Results. Accordingly, we will instruct CBP to apply an ad valorem assessment rate of 44.30 percent to all entries of subject merchandise during the POR from LG Chem and the companies which were not selected for individual examination.6 Commerce intends to issue assessment instructions 15 days after the publication date of the final results of this review. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of ESB rubber from Korea 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 LG Chem, Daewoo International Corporation, Hyundai Glovis Co., Kukje Trading Corp., Kumho Petrochemical Co. Ltd., Sungsan International Co., Ltd., and WE International Co., Ltd. will be equal to the dumping margin established in these final results of review, which 4 As explained in the Preliminary Results PDM, mandatory respondent LG Chem notified Commerce that it would not participate in this administrative review, and we applied facts otherwise available with adverse inference (AFA), in accordance with section 776 of the Act. No party challenged our Preliminary Results with respect to LG Chem or the rate selected. Therefore, we continue to apply AFA to LG Chem. 5 The rate of 44.30 percent is the only rate determined in this review for an individual respondent, and, thus, it is appropriate to apply this rate to the non-selected companies under section 735(c)(5)(B) of the Act. For a detailed discussion, see the PDM. 6 See Preliminary Results. VerDate Sep<11>2014 18:09 Oct 22, 2020 Jkt 253001 remains unchanged from the Preliminary Results (i.e., 44.30 percent); (2) for previously investigated companies not under review in this segment, 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 less-than-fairvalue (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.66 percent, the allothers rate established in the LTFV investigation. 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 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 the 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 or destruction of APO materials or conversion to PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 44.30 44.30 44.30 44.30 44.30 44.30 44.30 judicial protective order is hereby requested. Failure to comply with the regulations and the term of an APO is a violation subject sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h). Dated: October 15, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–23516 Filed 10–22–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–917] Laminated Woven Sacks From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Shandong Shouguang Jianyuan Chun Co., Ltd. (Shouguang) received countervailable subsidies during the period of review (POR) January 1, 2018 through December 31, 2018. In addition, we are rescinding this review with respect to the 18 companies listed in the Appendix to this notice. DATES: Applicable October 23, 2020. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5484. AGENCY: E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67512-67513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23516]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-890]


Emulsion Styrene-Butadiene Rubber From the Republic of Korea: 
Final Results of the Administrative Review of the Antidumping Duty 
Order; 2018-2019

AGENCY: Enforcement and Compliance International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that sales of 
emulsion styrene butadiene rubber (ESB rubber) from the Republic of 
Korea (Korea) were made at less than normal value during the period of 
review (POR) September 1, 2018 through August 31, 2019.

DATES: Applicable October 23, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2020, Commerce published the Preliminary Results of the 
administrative review of the antidumping duty order on ESB rubber from 
Korea, wherein we applied facts otherwise available with adverse 
inferences to the sole mandatory respondent, LG Chem, Ltd. (LG Chem), 
because LG Chem notified Commerce that it would not participate in the 
review.\1\ We invited parties to submit comments on the Preliminary 
Results. No party submitted comments. Accordingly, the final results 
remain unchanged from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber from the Republic of 
Korea: Preliminary Results of the Administrative Review of the 
Antidumping Duty Order 2018-2019, 85 FR 39534 (July 1, 2020) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM); see also LG Chem's Letter, ``Emulsion Styrene 
Butadiene Rubber (ESBR) from Korea: LG Chem's Decision to Stop 
Participating in AD Review,'' dated January 13, 2020.
---------------------------------------------------------------------------

    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 60 days.\2\ The deadline for the final results of this 
review is now December 28, 2020.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ Id.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this order is cold-polymerized emulsion 
styrene-butadiene rubber. Subject merchandise includes but is not 
limited to ESB rubber in primary forms, bales, granules, crumbs, 
pellets, powders, plates, sheets strip, etc. ESB rubber consists of 
non-pigmented rubbers and oil-extended non-pigmented rubbers, both of 
which contain at least one percent of organic acids from the emulsion 
polymerization process.
    ESB rubber is produced and sold in accordance with a generally 
accepted set of product specifications issued by the International 
Institute of Synthetic Rubber Producers (IISRP). The scope of the 
review covers grades of ESB rubber included in the IISRP 1500 and 1700 
series of synthetic rubbers. The 1500 grades are light in color and are 
often described as ``Clear'' or ``White Rubber.'' The 1700 grades are 
oil-extended and thus darker in color, and are often called ``Brown 
Rubber.''
    Specifically excluded from the scope of this order are products 
which are manufactured by blending ESB rubber with other polymers, high 
styrene resin master batch, carbon black master batch (i.e., HSRP 1600 
series and 1800 series) and latex (an intermediate product).
    The subject merchandise is 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 the CAS registry number are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

[[Page 67513]]

Final Results of Review

    We made no changes from the Preliminary Results. Therefore, as a 
result of this review, we continue to determine that the following 
percentage weighted-average dumping margins exist for the period of 
September 1, 2018 through August 31, 2019:

------------------------------------------------------------------------
                                                          Dumping margin
                   Producers/exporters                       (percent)
------------------------------------------------------------------------
LG Chem Ltd.\4\.........................................           44.30
Review-Specific Rate Applicable to the Following
 Companies: \5\
    Daewoo International Corporation....................           44.30
    Hyundai Glovis Co...................................           44.30
    Kukje Trading Corp..................................           44.30
    Kumho Petrochemical Co. Ltd.........................           44.30
    Sungsan International Co., Ltd......................           44.30
    WE International Co., Ltd...........................           44.30
------------------------------------------------------------------------

Assessment

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review, in accordance with section 751(a)(2)(C) of the 
Act and 19 CFR 351.212(b). These final results of review remain 
unchanged from the Preliminary Results. Accordingly, we will instruct 
CBP to apply an ad valorem assessment rate of 44.30 percent to all 
entries of subject merchandise during the POR from LG Chem and the 
companies which were not selected for individual examination.\6\ 
Commerce intends to issue assessment instructions 15 days after the 
publication date of the final results of this review.
---------------------------------------------------------------------------

    \4\ As explained in the Preliminary Results PDM, mandatory 
respondent LG Chem notified Commerce that it would not participate 
in this administrative review, and we applied facts otherwise 
available with adverse inference (AFA), in accordance with section 
776 of the Act. No party challenged our Preliminary Results with 
respect to LG Chem or the rate selected. Therefore, we continue to 
apply AFA to LG Chem.
    \5\ The rate of 44.30 percent is the only rate determined in 
this review for an individual respondent, and, thus, it is 
appropriate to apply this rate to the non-selected companies under 
section 735(c)(5)(B) of the Act. For a detailed discussion, see the 
PDM.
    \6\ See Preliminary Results.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of ESB rubber from Korea 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 LG Chem, Daewoo 
International Corporation, Hyundai Glovis Co., Kukje Trading Corp., 
Kumho Petrochemical Co. Ltd., Sungsan International Co., Ltd., and WE 
International Co., Ltd. will be equal to the dumping margin established 
in these final results of review, which remains unchanged from the 
Preliminary Results (i.e., 44.30 percent); (2) for previously 
investigated companies not under review in this segment, 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 less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 9.66 percent, the all-others rate 
established in the LTFV investigation. 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

    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 the 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 or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
term of an APO is a violation subject sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h).

    Dated: October 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-23516 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P