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

Download as PDF Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices comment (86 FR 20658–20659, April 21, 2021). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to expand Subzone 18F was approved on June 3, 2021, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 18’s 2,000-acre activation limit. Dated: June 3, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–12034 Filed 6–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–849] Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of Antidumping Duty Administrative Review; 2018–2019 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). Analysis of Comments Received 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: AGENCY: 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 http://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. lotter on DSK11XQN23PROD with NOTICES1 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 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. VerDate Sep<11>2014 20:20 Jun 08, 2021 Jkt 253001 Final Results of the Review As a result of this review, Commerce determines that the following weightedaverage dumping margin exists for the period September 1, 2018, through August 31, 2019: 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 3 See Petitioner’s Letter, ‘‘Emulsion StyreneButadiene 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 StyreneButadiene Rubber (E–SBR) from Brazil, Administrative Review 2018–2019: Rebuttal Brief,’’ dated March 4, 2021. 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). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 30589 Exporter/producer Weightedaverage margin (percent) ARLANXEO Brasil S.A ............... 34.93 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 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 6 See Memorandum, ‘‘Antidumping Duty Administrative Review of Emulsion StyreneButadiene 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). E:\FR\FM\09JNN1.SGM 09JNN1 30590 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.7 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 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). 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 weightedaverage 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-fairvalue (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 7 See section 751(a)(2)(C) of the Act. Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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). 10 See Emulsion Styrene-Butadiene Rubber from Brazil: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative lotter on DSK11XQN23PROD with NOTICES1 8 See VerDate Sep<11>2014 18:13 Jun 08, 2021 Jkt 253001 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers 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 Determination of Critical Circumstances, 82 FR 33048 (July 19, 2019). Frm 00005 Fmt 4703 Sfmt 4703 International Trade Administration [A–583–854] 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. PO 00000 DEPARTMENT OF COMMERCE Certain Steel Nails From Taiwan: Preliminary Determination of No Shipments in the Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Create Trading Co., Ltd. (Create Trading), the sole company under review, made no shipments of certain steel nails from Taiwan during the period of review (POR), July 1, 2019, to June 30, 2020. We invite interested parties to comment on this preliminary determination of no shipments. DATES: Applicable June 9, 2021. FOR FURTHER INFORMATION CONTACT: Suzanne Lam, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0783. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2020, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on certain steel nails from Taiwan.1 Based on timely requests for administrative review,2 on September 3, 2020, Commerce published the notice of initiation for an administrative review, covering 141 companies, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).3 On September 21, 2020, the petitioner timely withdrew its request for administrative review of all companies it originally requested, except for one 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 85 FR 39531 (July 1, 2020). 2 See Petitioner’s Letter, ‘‘Request for Administrative Review,’’ dated July 31, 2020; see also Letter, ‘‘Administrative Review Request,’’ dated July 31, 2020, collectively from: Liang Chyuan Industrial Co., Ltd., Romp Coil Nail Industries Inc., UJL Industries Co., Ltd., Hor Liang Industrial Corp., Yu Chi Hardware Co., Ltd., Trim International Inc., China Staple Enterprise Corporation, Hoyi Plus Co., Ltd., and Zon Mon Co., Ltd. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation Notice). E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 http://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)
------------------------------------------------------------------------
ARLANXEO Brasil S.A........................................       34.93
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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