Acrylonitrile-Butadiene Rubber From France, the Republic of Korea, and Mexico: Initiation of Less-Than-Fair-Value Investigations, 40192-40197 [2021-15895]
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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Notices
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[FR Doc. 2021–15901 Filed 7–26–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–832, A–580–912, A–201–855]
Acrylonitrile-Butadiene Rubber From
France, the Republic of Korea, and
Mexico: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton at (202) 482–0012
(France); Andre Gziryan at (202) 482–
2201 (Republic of Korea); and Dennis
McClure at (202) 482–5973 (Mexico);
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 Petitions
On June 30, 2021, the Department of
Commerce (Commerce) received
antidumping duty (AD) petitions
concerning imports of acrylonitrilebutadiene rubber (AB Rubber) from
France, the Republic of Korea (Korea),
and Mexico filed in proper form on
behalf of the petitioner,1 a domestic
producer of AB Rubber.2
On July 2, 2021, July 6, 13, and 14,
2021, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions in
1 Zeon Chemicals L.P. and Zeon GP, LLC
(collectively, Zeon) (the petitioner).
2 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping Duties: AcrylonitrileButadiene Rubber from France, Mexico and South
Korea,’’ dated June 30, 2021 (the Petitions).
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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Notices
separate supplemental questionnaires.3
The petitioner filed responses to the
supplemental questionnaires on July 7,
12, 14, 15, 2021.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleged that imports
of AB Rubber from France, Korea, and
Mexico 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 AB Rubber industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petitions are
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
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3 See
Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Acrylonitrile-Butadiene Rubber from France,
Mexico, and the Republic of Korea: Supplemental
Questions,’’ dated July 2, 2021 (General Issues
Supplemental); ‘‘Petition for the Imposition of
Antidumping Duties on Imports of AcrylonitrileButadiene Rubber from France: Supplemental
Questions,’’ dated July 6, 2021 (France
Supplemental); ‘‘Petition for the Imposition of
Antidumping Duties on Imports of AcrylonitrileButadiene Rubber from the Republic of South
Korea: Supplemental Questions,’’ dated July 6,
2021; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Acrylonitrile-Butadiene
Rubber from Mexico: Supplemental Questions,’’
dated July 6, 2021 (Mexico Supplemental);
Memorandum, ‘‘Petition for the Imposition of
Antidumping Duties on Imports of AcrylonitrileButadiene Rubber from France: Phone Call with
Counsel to the Petitioner,’’ dated July 13, 2021;
Memorandum, ‘‘Petition for the Imposition of
Antidumping Duties on Imports of AcrylonitrileButadiene Rubber from the Republic of Korea:
Phone Call with Counsel to the Petitioner,’’ dated
July 13, 2021; Memorandum, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Acrylonitrile-Butadiene Rubber from Mexico:
Phone Call with Counsel to the Petitioner,’’ dated
July 13, 2021; Memorandum, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Acrylonitrile-Butadiene Rubber from France: Phone
Call with Counsel to the Petitioner,’’ dated July 14,
2021; and Memorandum, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Acrylonitrile-Butadiene Rubber from Mexico:
Phone Call with Counsel to Petitioner,’’ dated July
14, 2021.
4 See Petitioner’s Letters, ‘‘Zeon Chemical L.P.
and Zeon GP, LLC’s Response to General Issues
Questionnaire,’’ dated July 7, 2021 (General Issues
Supplement); ‘‘Acrylonitrile Butadiene Rubber from
France: Supplemental Questionnaire,’’ dated July
12, 2021; ‘‘Acrylonitrile Butadiene Rubber from the
Republic of South Korea: Supplemental
Questionnaire,’’ dated July 12, 2021; ‘‘Acrylonitrile
Butadiene Rubber from Mexico: Supplemental
Questionnaire,’’ dated July 12, 2021; ‘‘Zeon
Chemical L.P. and Zeon GP, LLC’s Response to
Questions Raised in July 13, 2021 Phone Call with
Counsel to the Petitioner,’’ dated July 14, 2021; and
‘‘Acrylonitrile-Butadiene Rubber from France and
Mexico: Zeon Chemical L.P. and Zeon GP, LLC’s
Response to Questions Raised in July 14, 2021
Phone Call with Counsel to the Petitioner,’’ dated
July 15, 2021.
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petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigations.5
Periods of Investigation
Because the Petitions were filed on
June 30, 2021, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the France,
Korea, and Mexico AD investigations is
April 1, 2020, through March 31, 2021.
Scope of the Investigations
The product covered by these
investigations is AB Rubber from
France, Korea, and Mexico. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
On July 2, 2021, Commerce requested
information and clarification from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petitions is an accurate reflection of the
products for which the domestic
industry is seeking relief.6 On July 7,
2021, the petitioner revised the scope.7
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).8 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on August 9,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 19, 2021, which
5 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
6 See General Issues Supplemental at 3–4.
7 See General Issues Supplement at 2–4.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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40193
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS).10
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of AB Rubber to be reported in response
to Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
AB Rubber, it may be that only a select
few product characteristics take into
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on August 9,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on August 19, 2021. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
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product,11 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.13 Based on our analysis
of the information submitted on the
record, we have determined that AB
Rubber, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.14
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2020.15 The petitioner states that it is
the only domestic producer of AB
Rubber; therefore the Petitions are
supported by 100 percent of the U.S.
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
13 See the Petitions at Volume I at 14–25 and
Exhibits I–4, I–6, I–12, and I–13; see also General
Issues Supplement at 1 and Exhibit GI–2.
14 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Antidumping Duty Investigation Initiation
Checklists: Acrylonitrile-Butadiene Rubber from
France, Mexico, and the Republic of Korea,’’
(Country-Specific AD Initiation Checklists) at
Attachment II, Analysis of Industry Support for the
Antidumping Duty Petitions Covering AcrylonitrileButadiene Rubber from France, Mexico, and the
Republic of Korea (Attachment II). These checklists
are dated concurrently with this notice and on file
electronically via ACCESS.
15 See the Petitions at Volume I at Exhibit I–17.
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11 See
12 See
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industry.16 We relied on data provided
by the petitioner for purposes of
measuring industry support.17
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.18
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.21 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
16 See the Petitions at Volume I at 2–4 and
Exhibits I–1 through I–5; see also General Issues
Supplement at 5 and Exhibits GI–8 and GI–9.
17 See the Petitions at Volume I at 2–4 and
Exhibits I–1 through I–5; see also General Issues
Supplement at 5 and Exhibits GI–8 and GI–9.
18 See the Petitions at Volume I at 2–4 and
Exhibits I–1 through I–5; see also General Issues
Supplement at 5 and Exhibits GI–8 and GI–9.
19 See the Petitions at Volume I at 2–4 and
Exhibits I–1 through I–5; see also General Issues
Supplement at 5 and Exhibits GI–8 and GI–9; and
section 732(c)(4)(D) of the Act.
20 See the Petitions at Volume I at 2–4 and
Exhibits I–1 through I–5; see also General Issues
Supplement at 5 and Exhibits GI–8 and GI–9. For
further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
21 See Attachment II of the Country-Specific AD
Initiation Checklists.
22 Id.
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threshold provided for under section
771(24)(A) of the Act.23
The petitioner contends that the
industry’s injured condition is
illustrated by significant and increasing
market share of subject imports; lost
sales and revenues; underselling and
price depression and/or suppression;
increase in cost of goods sold per unit
of production; declines in production,
shipments, and capacity utilization, and
decline in financial performance.24 We
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, causation, as
well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence, and meet the statutory
requirements for initiation.25
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of AB
Rubber from France, Korea, and Mexico.
The sources of data for the deductions
and adjustments relating to U.S. price
and normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
For France, Korea, and Mexico, the
petitioner based export price (EP) on
average unit values (AUVs) of imports
into the United States during the POI,
under United States Harmonized Tariff
Schedule (HTSUS) subheading
4002.59.0000, which is discrete to AB
Rubber. As the AUVs used for EP are
stated on a free-on-board (FOB) basis,
for France and Mexico, the petitioner
deducted foreign inland freight as an
adjustment to calculate a net ex-factory
U.S. price.26 The petitioner was unable
to identify a public source to
approximate the average distance
between the nearest container port and
the addresses of the Korean AB Rubber
plants identified in Volume I of the
Petitions. Accordingly, the petitioner
did not make an inland freight
adjustment to the FOB per-unit value of
subject merchandise for the EP
calculated for Korea.27
determinations no later than 140 days
after the date of this initiation.
Normal Value 28
Respondent Selection
In the Petitions, the petitioner named
one company in France (i.e., Arlanxeo
Emulsion Rubber France), one company
in Mexico (i.e., INSA (Dynasol Group)),
and two companies in Korea (i.e.,
Kumho Petrochemical and LG
Chemical, Ltd.) as producers/exporters
of AB Rubber, while providing
independent, third-party information as
support.34 We currently know of no
additional producers/exporters of AB
Rubber from France, Korea, and Mexico.
Accordingly, Commerce intends to
individually examine these producers/
exporters in the France, Korea, and
Mexico investigations, respectively. We
invite interested parties to comment on
this issue. Such comments may include
factual information within the meaning
of 19 CFR 351.102(b)(21). Parties
wishing to comment must do so within
three business days of the publication of
this notice in the Federal Register.
Commerce will not accept rebuttal
comments regarding respondent
selection. Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. ET on the specified
deadline. Because we intend to examine
all known producers/exporters, if no
comments are received or if comments
received further support the existence of
only the above-mentioned producers/
exporters in France, Korea, and Mexico,
we do not intend to conduct respondent
selection and will proceed to issuing the
initial antidumping questionnaires to
the companies identified. However, if
comments are received which create a
need for a respondent selection process,
we intend to finalize our decisions
regarding respondent selection within
20 days of publication of this notice.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
For France, Korea, and Mexico, the
petitioner stated it was unable to obtain
home market or third country prices to
use as a basis for NV.29 Accordingly, the
petitioner based NV on constructed
value (CV).30 For further discussion of
CV, see the section ‘‘Normal Value
Based on Constructed Value.’’
Normal Value Based on Constructed
Value
As noted above, the petitioner was not
able to obtain home market prices or
third country prices to use as a basis for
NV. Accordingly, the petitioner based
NV on CV.31 Pursuant to section 773(e)
of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing,
selling, general, and administrative
expenses, financial expenses, and
profit.32
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of AB Rubber from France,
Korea, and Mexico are being, or are
likely to be, sold in the United States at
LTFV. Based on comparisons of EP to
NV, in accordance with sections 772
and 773 of the Act, the estimated
dumping margins for AB Rubber for
each of the countries covered by this
initiation are as follows: (1) France—
41.73 percent; (2) Korea—105.38
percent; and (3) Mexico—92.70
percent.33
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of AB
Rubber from France, Korea and Mexico
are being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
27 Id.
lotter on DSK11XQN23PROD with NOTICES1
23 See
Petitions at Volume I at 26 and Exhibit I–
10; see also General Issues Supplement at 6 and
Exhibit GI–12.
24 See Petitions at Volume I at 25–34 and Exhibits
I–9, I–10, I–14, I–15, and I–17 through I–19; see also
General Issues Supplement at Exhibits GI–10
through GI–14.
25 See Country-Specific AD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping Duty Petitions Covering AcrylonitrileButadiene Rubber from France, Mexico, and the
Republic of Korea.
26 See Country-Specific AD Initiation Checklists.
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17:07 Jul 26, 2021
Jkt 253001
40195
28 In accordance with section 773(b)(2) of the Act,
for France, Korea, and Mexico investigations,
Commerce will request information necessary to
calculate the constructed value and cost of
production (COP) to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
29 See Country-Specific AD Initiation Checklists.
30 Id.
31 Id.
32 Id.
33 See Country-Specific AD Initiation Checklists
for details of calculations.
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Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of France, Korea, and
34 See Petitions at Volume I at 11–12 and Exhibits
I–2 and I–4; see also General Issues Supplement at
1–2 and Exhibits GI–3 and GI–4.
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40196
Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Notices
Mexico via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the AD
Petitions to each exporter named in the
AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of AB Rubber from France,
Korea, and/or Mexico are materially
injuring, or threatening material injury
to, a U.S. industry.35 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.36 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
lotter on DSK11XQN23PROD with NOTICES1
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 37 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.38 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
35 See
section 733(a) of the Act.
36 Id.
37 See
38 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
VerDate Sep<11>2014
17:07 Jul 26, 2021
Jkt 253001
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
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Frm 00007
Fmt 4703
Sfmt 4703
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD proceeding must
certify to the accuracy and completeness
of that information.39 Parties must use
the certification formats provided in 19
CFR 351.303(g).40 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.41
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Scope of the Investigations
The product covered by these
investigations is commonly referred to as
acrylonitrile butadiene rubber or nitrile
rubber (AB Rubber). AB Rubber is a synthetic
rubber produced by the emulsion
polymerization of butadiene and acrylonitrile
with or without the incorporation of a third
component selected from methacrylic acid or
isoprene. This scope covers AB Rubber in
solid or non-aqueous liquid form. The scope
also includes carboxylated AB Rubber.
Excluded from the scope of these
investigations is AB Rubber in latex form
(commonly classified under Harmonized
Tariff Schedule of the United States (HTSUS)
subheading 4002.51.0000). Latex AB Rubber
is commonly either (a) acrylonitrile/
butadiene polymer in latex form or (b)
acrylonitrile/butadiene/methacrylic acid
polymer in latex form. The broader definition
of latex refers to a water emulsion of a
synthetic rubber obtained by polymerization.
39 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
41 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
40 See
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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Notices
Also excluded from the scope of these
investigations is: (a) AB Rubber containing
additives (e.g., nitrile rubber further
compounded with fillers, reinforcement
agents, vulcanization agents, etc.; by
example, products classified under HTSUS
subheading 4005); (b) AB Rubber containing
rubber processing chemicals, AB Rubber
containing other materials used for further
processing beyond the polymerization
process; (c) hydrogenated AB Rubber
(commonly referred to as HNBR) produced
by subsequent dissolution and hydrogenation
of AB Rubber; (d) reactive liquid polymers
containing acrylonitrile and butadiene with
amine, epoxy, carboxyl, or methacrylate
vinyl chemical functionality.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by modifying
physical form or packaging with another
product, or performing any other finishing,
packaging, or processing that would not
otherwise remove the merchandise from the
scope of the investigations if performed in
the country of manufacture of the AB Rubber.
The merchandise subject to these
investigations is classified in the HTSUS at
subheading 4002.59.0000. While the HTSUS
subheading numbers are provided for
convenience and customs purposes, the
written description of the merchandise under
investigation is dispositive.
[FR Doc. 2021–15895 Filed 7–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
lotter on DSK11XQN23PROD with NOTICES1
Information Collection Activities;
Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Safety and Health
Information Collection
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on April 19,
2021 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Institute of
Standards and Technology (NIST),
Commerce.
VerDate Sep<11>2014
17:07 Jul 26, 2021
Jkt 253001
Title: Safety and Health Information
Collection.
OMB Control Number 0693–0080.
Form Number(s): None.
Type of Request: Regular.
Number of Respondents: 999.
Average Hours per Response: 10
minutes.
Burden Hours: 168.
Needs and Uses: The National
Institute of Standards and Technology
(NIST) is a unique federal campus
which hosts daily a range of non-federal
individuals. Non-federal individuals
may include NIST Associates,
volunteers, students, and visitors. In
order to provide these individuals with
proper health care and health
documentation, NIST is pursuing
renewal of approval of three health unit
forms.
Affected Public: Some Associates,
volunteers, and visitors to NIST.
Frequency: As needed.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0693–0080.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–15911 Filed 7–26–21; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Matching Fund Opportunity
for Ocean and Coastal Mapping and
Request for Partnership Proposals
Office of Coast Survey (OCS),
National Ocean Service (NOS), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Announcement of matching
fund program opportunity, request for
proposals, and request for interest by
October 29, 2021.
AGENCY:
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Frm 00008
Fmt 4703
Sfmt 4703
40197
This notice establishes
selection criteria and requirements for
the NOAA Rear Admiral Richard T.
Brennan Ocean Mapping Matching
Fund program, to be known as the
Brennan Matching Fund. The purpose
of this notice is to encourage nonFederal entities to partner with the
NOAA National Ocean Service ocean
and coastal mapping programs on
jointly funded ocean and coastal
surveys and related activities of mutual
interest. NOAA would receive and
match partner funds and rely on its
existing contract arrangements to
conduct the surveying and mapping
activities in FY 2023.
DATES: Proposals must be received via
email by 5 p.m. ET on October 29, 2021.
Applicants must submit via email any
accompanying geographic information
system (GIS) files, which are due no
later than November 5, 2021. If an entity
is unable to apply for this particular
opportunity but has an interest in
participating in similar, future
opportunities, NOAA requests a onepage statement of interest, instead of a
proposal, also by October 29, 2021, to
help gauge whether to offer the Brennan
Matching Fund program in future years.
ADDRESSES: Proposals must be
submitted in PDF format via email to
iwgocm.staff@noaa.gov by the October
29, 2021, deadline. NOAA strongly
encourages interested entities to submit
their proposals in advance of the
deadline.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Ashley Chappell,
NOAA Integrated Ocean and Coastal
Mapping Coordinator, 240–429–0293, or
ashley.chappell@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
NOAA’s Office of Coast Survey (OCS)
and National Geodetic Survey (NGS) are
responsible for conducting
hydrographic surveys and coastal
mapping for safe navigation, the
conservation and management of coastal
and ocean resources, and emergency
response. NOAA is committed to
meeting these missions as
collaboratively as possible, adhering to
the Integrated Ocean and Coastal
Mapping (IOCM) principle of ‘‘Map
Once, Use Many Times.’’
One of IOCM’s strongest advocates,
Rear Admiral Richard T. Brennan,
developed an Ocean Mapping Plan for
OCS in which IOCM plays a large role.
Responsive to the June 2020
publications of the National Strategy for
Mapping, Exploring, and Characterizing
the U.S. Exclusive Economic Zone
E:\FR\FM\27JYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Notices]
[Pages 40192-40197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15895]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-832, A-580-912, A-201-855]
Acrylonitrile-Butadiene Rubber From France, the Republic of
Korea, and Mexico: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Patrick Barton at (202) 482-0012
(France); Andre Gziryan at (202) 482-2201 (Republic of Korea); and
Dennis McClure at (202) 482-5973 (Mexico); AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 30, 2021, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions concerning imports of acrylonitrile-
butadiene rubber (AB Rubber) from France, the Republic of Korea
(Korea), and Mexico filed in proper form on behalf of the
petitioner,\1\ a domestic producer of AB Rubber.\2\
---------------------------------------------------------------------------
\1\ Zeon Chemicals L.P. and Zeon GP, LLC (collectively, Zeon)
(the petitioner).
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping Duties: Acrylonitrile-Butadiene Rubber from France,
Mexico and South Korea,'' dated June 30, 2021 (the Petitions).
---------------------------------------------------------------------------
On July 2, 2021, July 6, 13, and 14, 2021, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in
[[Page 40193]]
separate supplemental questionnaires.\3\ The petitioner filed responses
to the supplemental questionnaires on July 7, 12, 14, 15, 2021.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Acrylonitrile-Butadiene Rubber from
France, Mexico, and the Republic of Korea: Supplemental Questions,''
dated July 2, 2021 (General Issues Supplemental); ``Petition for the
Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from France: Supplemental Questions,'' dated July
6, 2021 (France Supplemental); ``Petition for the Imposition of
Antidumping Duties on Imports of Acrylonitrile-Butadiene Rubber from
the Republic of South Korea: Supplemental Questions,'' dated July 6,
2021; ``Petition for the Imposition of Antidumping Duties on Imports
of Acrylonitrile-Butadiene Rubber from Mexico: Supplemental
Questions,'' dated July 6, 2021 (Mexico Supplemental); Memorandum,
``Petition for the Imposition of Antidumping Duties on Imports of
Acrylonitrile-Butadiene Rubber from France: Phone Call with Counsel
to the Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from the Republic of Korea: Phone Call with Counsel
to the Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from Mexico: Phone Call with Counsel to the
Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for the
Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from France: Phone Call with Counsel to the
Petitioner,'' dated July 14, 2021; and Memorandum, ``Petition for
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from Mexico: Phone Call with Counsel to
Petitioner,'' dated July 14, 2021.
\4\ See Petitioner's Letters, ``Zeon Chemical L.P. and Zeon GP,
LLC's Response to General Issues Questionnaire,'' dated July 7, 2021
(General Issues Supplement); ``Acrylonitrile Butadiene Rubber from
France: Supplemental Questionnaire,'' dated July 12, 2021;
``Acrylonitrile Butadiene Rubber from the Republic of South Korea:
Supplemental Questionnaire,'' dated July 12, 2021; ``Acrylonitrile
Butadiene Rubber from Mexico: Supplemental Questionnaire,'' dated
July 12, 2021; ``Zeon Chemical L.P. and Zeon GP, LLC's Response to
Questions Raised in July 13, 2021 Phone Call with Counsel to the
Petitioner,'' dated July 14, 2021; and ``Acrylonitrile-Butadiene
Rubber from France and Mexico: Zeon Chemical L.P. and Zeon GP, LLC's
Response to Questions Raised in July 14, 2021 Phone Call with
Counsel to the Petitioner,'' dated July 15, 2021.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleged that imports of AB Rubber
from France, Korea, and Mexico 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 AB
Rubber industry in the United States. Consistent with section 732(b)(1)
of the Act, the Petitions are accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\5\
---------------------------------------------------------------------------
\5\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on June 30, 2021, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the France,
Korea, and Mexico AD investigations is April 1, 2020, through March 31,
2021.
Scope of the Investigations
The product covered by these investigations is AB Rubber from
France, Korea, and Mexico. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On July 2, 2021, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\6\ On July
7, 2021, the petitioner revised the scope.\7\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\6\ See General Issues Supplemental at 3-4.
\7\ See General Issues Supplement at 2-4.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on August 9, 2021, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on August 19, 2021, which is
10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of AB Rubber to be reported
in response to Commerce's AD questionnaires. This information will be
used to identify the key physical characteristics of the subject
merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe AB Rubber, it may be that only a select few product
characteristics take into
[[Page 40194]]
account commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on August 9,
2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on August 19, 2021.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of each of the AD
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\13\ Based on our analysis of the information
submitted on the record, we have determined that AB Rubber, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\14\
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\13\ See the Petitions at Volume I at 14-25 and Exhibits I-4, I-
6, I-12, and I-13; see also General Issues Supplement at 1 and
Exhibit GI-2.
\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Acrylonitrile-Butadiene Rubber from France, Mexico, and
the Republic of Korea,'' (Country-Specific AD Initiation Checklists)
at Attachment II, Analysis of Industry Support for the Antidumping
Duty Petitions Covering Acrylonitrile-Butadiene Rubber from France,
Mexico, and the Republic of Korea (Attachment II). These checklists
are dated concurrently with this notice and on file electronically
via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2020.\15\ The petitioner
states that it is the only domestic producer of AB Rubber; therefore
the Petitions are supported by 100 percent of the U.S. industry.\16\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\17\
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\15\ See the Petitions at Volume I at Exhibit I-17.
\16\ See the Petitions at Volume I at 2-4 and Exhibits I-1
through I-5; see also General Issues Supplement at 5 and Exhibits
GI-8 and GI-9.
\17\ See the Petitions at Volume I at 2-4 and Exhibits I-1
through I-5; see also General Issues Supplement at 5 and Exhibits
GI-8 and GI-9.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\18\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See the Petitions at Volume I at 2-4 and Exhibits I-1
through I-5; see also General Issues Supplement at 5 and Exhibits
GI-8 and GI-9.
\19\ See the Petitions at Volume I at 2-4 and Exhibits I-1
through I-5; see also General Issues Supplement at 5 and Exhibits
GI-8 and GI-9; and section 732(c)(4)(D) of the Act.
\20\ See the Petitions at Volume I at 2-4 and Exhibits I-1
through I-5; see also General Issues Supplement at 5 and Exhibits
GI-8 and GI-9. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility
[[Page 40195]]
threshold provided for under section 771(24)(A) of the Act.\23\
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\23\ See Petitions at Volume I at 26 and Exhibit I-10; see also
General Issues Supplement at 6 and Exhibit GI-12.
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The petitioner contends that the industry's injured condition is
illustrated by significant and increasing market share of subject
imports; lost sales and revenues; underselling and price depression
and/or suppression; increase in cost of goods sold per unit of
production; declines in production, shipments, and capacity
utilization, and decline in financial performance.\24\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\25\
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\24\ See Petitions at Volume I at 25-34 and Exhibits I-9, I-10,
I-14, I-15, and I-17 through I-19; see also General Issues
Supplement at Exhibits GI-10 through GI-14.
\25\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Acrylonitrile-
Butadiene Rubber from France, Mexico, and the Republic of Korea.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of AB Rubber from France, Korea, and Mexico. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.
U.S. Price
For France, Korea, and Mexico, the petitioner based export price
(EP) on average unit values (AUVs) of imports into the United States
during the POI, under United States Harmonized Tariff Schedule (HTSUS)
subheading 4002.59.0000, which is discrete to AB Rubber. As the AUVs
used for EP are stated on a free-on-board (FOB) basis, for France and
Mexico, the petitioner deducted foreign inland freight as an adjustment
to calculate a net ex-factory U.S. price.\26\ The petitioner was unable
to identify a public source to approximate the average distance between
the nearest container port and the addresses of the Korean AB Rubber
plants identified in Volume I of the Petitions. Accordingly, the
petitioner did not make an inland freight adjustment to the FOB per-
unit value of subject merchandise for the EP calculated for Korea.\27\
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\26\ See Country-Specific AD Initiation Checklists.
\27\ Id.
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Normal Value 28
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\28\ In accordance with section 773(b)(2) of the Act, for
France, Korea, and Mexico investigations, Commerce will request
information necessary to calculate the constructed value and cost of
production (COP) to determine whether there are reasonable grounds
to believe or suspect that sales of the foreign like product have
been made at prices that represent less than the COP of the product.
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For France, Korea, and Mexico, the petitioner stated it was unable
to obtain home market or third country prices to use as a basis for
NV.\29\ Accordingly, the petitioner based NV on constructed value
(CV).\30\ For further discussion of CV, see the section ``Normal Value
Based on Constructed Value.''
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\29\ See Country-Specific AD Initiation Checklists.
\30\ Id.
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Normal Value Based on Constructed Value
As noted above, the petitioner was not able to obtain home market
prices or third country prices to use as a basis for NV. Accordingly,
the petitioner based NV on CV.\31\ Pursuant to section 773(e) of the
Act, the petitioner calculated CV as the sum of the cost of
manufacturing, selling, general, and administrative expenses, financial
expenses, and profit.\32\
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\31\ Id.
\32\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of AB Rubber from France, Korea, and Mexico are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV, in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for AB Rubber for each of the
countries covered by this initiation are as follows: (1) France--41.73
percent; (2) Korea--105.38 percent; and (3) Mexico--92.70 percent.\33\
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\33\ See Country-Specific AD Initiation Checklists for details
of calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of AB Rubber from France, Korea and Mexico are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
In the Petitions, the petitioner named one company in France (i.e.,
Arlanxeo Emulsion Rubber France), one company in Mexico (i.e., INSA
(Dynasol Group)), and two companies in Korea (i.e., Kumho Petrochemical
and LG Chemical, Ltd.) as producers/exporters of AB Rubber, while
providing independent, third-party information as support.\34\ We
currently know of no additional producers/exporters of AB Rubber from
France, Korea, and Mexico. Accordingly, Commerce intends to
individually examine these producers/exporters in the France, Korea,
and Mexico investigations, respectively. We invite interested parties
to comment on this issue. Such comments may include factual information
within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment
must do so within three business days of the publication of this notice
in the Federal Register. Commerce will not accept rebuttal comments
regarding respondent selection. Comments must be filed electronically
using ACCESS. An electronically-filed document must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. ET on the specified deadline. Because we intend to
examine all known producers/exporters, if no comments are received or
if comments received further support the existence of only the above-
mentioned producers/exporters in France, Korea, and Mexico, we do not
intend to conduct respondent selection and will proceed to issuing the
initial antidumping questionnaires to the companies identified.
However, if comments are received which create a need for a respondent
selection process, we intend to finalize our decisions regarding
respondent selection within 20 days of publication of this notice.
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\34\ See Petitions at Volume I at 11-12 and Exhibits I-2 and I-
4; see also General Issues Supplement at 1-2 and Exhibits GI-3 and
GI-4.
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://enforcement.trade.gov/apo.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of France, Korea, and
[[Page 40196]]
Mexico via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the AD Petitions to each
exporter named in the AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of AB Rubber from France, Korea, and/or Mexico
are materially injuring, or threatening material injury to, a U.S.
industry.\35\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\36\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\35\ See section 733(a) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD proceeding must
certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\41\
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\41\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The product covered by these investigations is commonly referred
to as acrylonitrile butadiene rubber or nitrile rubber (AB Rubber).
AB Rubber is a synthetic rubber produced by the emulsion
polymerization of butadiene and acrylonitrile with or without the
incorporation of a third component selected from methacrylic acid or
isoprene. This scope covers AB Rubber in solid or non-aqueous liquid
form. The scope also includes carboxylated AB Rubber.
Excluded from the scope of these investigations is AB Rubber in
latex form (commonly classified under Harmonized Tariff Schedule of
the United States (HTSUS) subheading 4002.51.0000). Latex AB Rubber
is commonly either (a) acrylonitrile/butadiene polymer in latex form
or (b) acrylonitrile/butadiene/methacrylic acid polymer in latex
form. The broader definition of latex refers to a water emulsion of
a synthetic rubber obtained by polymerization.
[[Page 40197]]
Also excluded from the scope of these investigations is: (a) AB
Rubber containing additives (e.g., nitrile rubber further compounded
with fillers, reinforcement agents, vulcanization agents, etc.; by
example, products classified under HTSUS subheading 4005); (b) AB
Rubber containing rubber processing chemicals, AB Rubber containing
other materials used for further processing beyond the
polymerization process; (c) hydrogenated AB Rubber (commonly
referred to as HNBR) produced by subsequent dissolution and
hydrogenation of AB Rubber; (d) reactive liquid polymers containing
acrylonitrile and butadiene with amine, epoxy, carboxyl, or
methacrylate vinyl chemical functionality.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by modifying physical form or
packaging with another product, or performing any other finishing,
packaging, or processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
country of manufacture of the AB Rubber.
The merchandise subject to these investigations is classified in
the HTSUS at subheading 4002.59.0000. While the HTSUS subheading
numbers are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
[FR Doc. 2021-15895 Filed 7-26-21; 8:45 am]
BILLING CODE 3510-DS-P
