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
<![CDATA[
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 https://
access.trade.gov. In addition, a complete
version of the NME Analysis Memo can
be accessed directly on the internet at
https://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]
-----------------------------------------------------------------------
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
