Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of Antidumping Duty Administrative Review; 2018-2019, 30589-30590 [2021-12078]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Notices]
[Pages 30589-30590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849]


Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of 
Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) finds that the sole 
producer and/or exporter subject to this administrative review made 
sales of certain emulsion styrene-butadiene rubber (ESB rubber) from 
Brazil at less than normal value during the period of review (POR), 
September 1, 2018, through August 31, 2019.

DATES: Applicable June 9, 2021.

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 January 26, 2021, Commerce published the Preliminary Results.\1\ 
We invited interested parties to comment on the Preliminary Results.\2\ 
This review covers one mandatory respondent, ARLANXEO Brasil S.A. 
(ARLANXEO Brasil). On February 25, 2021, Lion Elastomers, LLC (the 
petitioner), and ARLANXEO Brasil filed case briefs,\3\ and on March 4, 
2021, the petitioner filed a rebuttal brief.\4\ Commerce conducted this 
review in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 86 FR 7066 (January 26, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id.
    \3\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber 
(E-SBR) from Brazil, Administrative Review 2018-2019: Case Brief and 
Request to Participate in Hearing,'' dated February 25, 2021; see 
also ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene Rubber 
from Brazil: ARLANXEO's Case Brief,'' dated February 25, 2021.
    \4\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber 
(E-SBR) from Brazil, Administrative Review 2018-2019: Rebuttal 
Brief,'' dated March 4, 2021.
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Scope of the Order

    The merchandise covered by the order is certain ESB 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 of 
the order, see the Issues and Decision Memorandum.\5\
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 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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Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is in the 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 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/.

Changes Since the Preliminary Results

    We have made no 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 September 1, 
2018, through August 31, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                          margin
                                                              (percent)
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ARLANXEO Brasil S.A........................................       34.93
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Disclosure of Calculations

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of an administrative 
review within five days of any public announcement or, if there is no 
public announcement, within five days of the date of publication of the 
notice of final results in the Federal Register, in accordance with 19 
CFR 351.224(b). However, as noted above, Commerce has made no changes 
to its margin calculations since the Preliminary Results. Commerce 
disclosed its preliminary margin calculations to interested parties, 
and there are no additional calculations to disclose.\6\
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    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Emulsion Styrene-Butadiene Rubber from Brazil: Final Results 
Analysis Memorandum for ARLANXEO Brasil S.A,'' dated concurrently 
with this notice (citing Memorandum, ``Antidumping Duty 
Administrative Review of Emulsion Styrene Butadiene Rubber from 
Brazil: Preliminary Results Analysis Memorandum for ARLANXEO Brasil 
S.A,'' dated January 15, 2021).
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Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of their U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated the entered value in order 
to calculate the assessment rate. Where an importer-specific assessment 
rate is de minimis (i.e., less than 0.5 percent), the entries by that 
importer will be liquidated without reference to antidumping duties.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of

[[Page 30590]]

merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\7\
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    \7\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
ARLANXEO Brasil for which it did not know 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.\8\
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\9\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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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 weighted-average dumping margin established 
in the final results of this review; (2) for merchandise exported by 
producers or exporters 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 less-
than-fair-value (LTFV) 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 
LTFV investigation.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ 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 POR. 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.

Notification Regarding Administrative Protective Orders

    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 or 
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 subject to sanction.

Notice to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act and 19 
CFR 351.221(b)(5).

    Dated: June 3, 2021.
Christian Marsh,
Acting 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: Cost Methodology
    Comment 2: Level of Trade, Constructed Export Price Offset
VI. Recommendation

[FR Doc. 2021-12078 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-DS-P