Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020, 53033-53034 [2021-20748]

Download as PDF Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Notices As noted above, commenters will be required to use the BIS fillable form available on the BIS website when submitting comments in https:// www.regulations.gov. The Department prefers that any additional comments be provided in a separate attached document. The Department prefers supplemental submissions in Microsoft Word (.doc files) or Adobe Acrobat (.pdf files). If the submission is in an application format other than Microsoft Word, Microsoft Excel, or Adobe Acrobat, please indicate the name of the application in the ‘‘Type Comment’’ field. Please do not attach separate cover letters to electronic submissions; rather, include any information that might appear in a cover letter within the comments. 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Anyone submitting business confidential information should clearly identify the business confidential portion at the time of submission, file a statement justifying nondisclosure and referring to the specific legal authority claimed, and provide a non-confidential version of the submission. The BIS fillable form available on the BIS website referenced above will allow for an indication at the top of each page for whether it contains business confidential information. Users submitting a form that contains business confidential information, will need to submit a non-confidential version of the same form that does not contain the confidential business information. The non-confidential version of the submission will be placed in the public file on https://www.regulations.gov. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing business confidential information must be clearly marked VerDate Sep<11>2014 16:50 Sep 23, 2021 Jkt 253001 ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. The non-confidential version must be clearly marked ‘‘PUBLIC’’. The file name of the nonconfidential version should begin with the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. If a public hearing is held in support of this assessment, a separate Federal Register notice will be published providing the date and information about the hearing. BIS does not maintain a separate public inspection facility. Requesters should first view the BIS’s web page, which can be found at https:// efoia.bis.doc.gov/ (see ‘‘Electronic FOIA’’ heading). If requesters cannot access the website, they may call 202– 482–0795 for assistance. The records related to this assessment are made accessible in accordance with the regulations published in part 4 of title 15 of the Code of Federal Regulations (15 CFR 4.1 through 4.11). Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2021–20348 Filed 9–23–21; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration 53033 Background On June 8, 2021, Commerce published the Preliminary Results.1 This administrative review covers one producer/exporter of subject merchandise, ARLANXEO Brasil. We invited interested parties to comment on the Preliminary Results.2 No party submitted comments on the Preliminary Results. Accordingly, the final results remain unchanged from the Preliminary Results. On August 9, 2021, after the issuance of the Preliminary Results, Commerce invited interested parties to comment on emulsion styrene-butadiene rubber (ESB rubber) grading, an issue raised by interested parties in the 2019–2020 administrative review of ESB rubber from Mexico.3 Between August 19 and 20, 2021, interested parties submitted comments on product grading.4 However, Commerce has applied total AFA in determining ARLANXEO Brasil’s weighted-average dumping margin in the instant administrative review. As such, the issue of product grading, which affects model matching in margin calculations, is moot because Commerce performed no margin calculations in this review.5 Therefore, Commerce has not addressed the issue of product grading in these final results of review. Commerce conducted this review in accordance with section 751(a)(1)(B) and (2) of the Act. [A–351–849] Scope of the Order Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of Antidumping Duty Administrative Review; 2019–2020 The merchandise covered by the Order is certain ESB rubber from Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) has continued to base the dumping margin for the sole respondent under review, ARLANXEO Brasil S.A. (ARLANXEO Brasil), on total adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). The period of review (POR) is September 1, 2019, through August 31, 2020. SUMMARY: DATES: Applicable September 24, 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: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 1 See Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 30401 (June 8, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 Commerce placed on the record of this proceeding excerpts of the questionnaire response of Industrias Negromex S.A. de C.V. (Negromex), a respondent in the 2019–2020 administrative review emulsion styrene-butadiene rubber from Mexico. The excerpts of the questionnaire response related to Negromex’s claim that its merchandise classified as ‘‘Grade E1778R’’ is equivalent to the International Institute of Synthetic Rubber Producers Grade E1763 merchandise. See Memorandum, ‘‘Soliciting Comments on Product Grading,’’ dated August 9, 2021. 4 See Lion Elastomers, LLC (the petitioner)’s Letter, ‘‘Antidumping Review of the Antidumping Duty Order on Emulsion Styrene Butadiene Rubber (E–SBR) from Brazil and Mexico: Lion Elastomers, LLC’s Comments on Product Grading,’’ dated August 19, 2021; see also Negromex and its affiliated U.S. importer, Dynasol, LLC’s Letter, ‘‘Emulsion Styrene Butadiene Rubber from Brazil and Mexico Comments on Product Grading,’’ dated August 20, 2021. 5 See Preliminary Results, 86 FR 30401, and accompanying PDM at 2–6. E:\FR\FM\24SEN1.SGM 24SEN1 53034 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Notices Brazil.6 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.7 Use of Adverse Facts Available Pursuant to sections 776(a) and (b) of the Act, Commerce continues to base ARLANXEO Brasil’s dumping margin on total AFA, because it withheld requested information by declining to respond to our initial questionnaire.8 We have continued to use an AFA rate of 67.99 percent, which is the highest dumping margin alleged in the petition.9 Final Results of Review As noted above, Commerce received no comments concerning the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, Commerce finds that there is no reason to modify its analysis and calculations. Accordingly, we adopt the analysis and explanation in our Preliminary Results for the purposes of these final results of review and we have not prepared an Issues and Decision Memorandum to accompany this Federal Register notice. As a result of this review, Commerce determines that the following weightedaverage dumping margin exists for the period September 1, 2019, through August 31, 2020: Exporter/producer Weightedaverage margin (percent) ARLANXEO Brasil S.A. ........ 67.99 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the final results of an administrative review within five days of its public announcement or, if there is no public 6 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 FR 42790 (September 12, 2017) (Order). 7 For a full description of the scope of the Order, see the Preliminary Results PDM at 2. 8 See Preliminary Results PDM at 2–6. 9 Id. at 5–6. VerDate Sep<11>2014 16:50 Sep 23, 2021 Jkt 253001 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, because Commerce applied total AFA to the mandatory respondent under review in accordance with section 776 of the Act, there are no calculations to disclose. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 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)(C) of the Act: (1) The cash deposit rate for ARLANXEO Brasil S.A. will be equal to the rate listed for ARLANXEO Brasil in the table above; (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 ad valorem, the all-others cash deposit rate established in the LTFV investigation.10 These cash deposit 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this 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 serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification 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: September 20, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–20748 Filed 9–23–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; StormReady, TsunamiReady, TsunamiReady Supporter, and StormReady Supporter Application Forms 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 E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53033-53034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20748]


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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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has continued to base 
the dumping margin for the sole respondent under review, ARLANXEO 
Brasil S.A. (ARLANXEO Brasil), on total adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act). The period of review (POR) is September 1, 2019, 
through August 31, 2020.

DATES: Applicable September 24, 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 June 8, 2021, Commerce published the Preliminary Results.\1\ 
This administrative review covers one producer/exporter of subject 
merchandise, ARLANXEO Brasil. We invited interested parties to comment 
on the Preliminary Results.\2\ No party submitted comments on the 
Preliminary Results. Accordingly, the final results remain unchanged 
from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 30401 (June 8, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id.
---------------------------------------------------------------------------

    On August 9, 2021, after the issuance of the Preliminary Results, 
Commerce invited interested parties to comment on emulsion styrene-
butadiene rubber (ESB rubber) grading, an issue raised by interested 
parties in the 2019-2020 administrative review of ESB rubber from 
Mexico.\3\ Between August 19 and 20, 2021, interested parties submitted 
comments on product grading.\4\ However, Commerce has applied total AFA 
in determining ARLANXEO Brasil's weighted-average dumping margin in the 
instant administrative review. As such, the issue of product grading, 
which affects model matching in margin calculations, is moot because 
Commerce performed no margin calculations in this review.\5\ Therefore, 
Commerce has not addressed the issue of product grading in these final 
results of review.
---------------------------------------------------------------------------

    \3\ Commerce placed on the record of this proceeding excerpts of 
the questionnaire response of Industrias Negromex S.A. de C.V. 
(Negromex), a respondent in the 2019-2020 administrative review 
emulsion styrene-butadiene rubber from Mexico. The excerpts of the 
questionnaire response related to Negromex's claim that its 
merchandise classified as ``Grade E1778R'' is equivalent to the 
International Institute of Synthetic Rubber Producers Grade E1763 
merchandise. See Memorandum, ``Soliciting Comments on Product 
Grading,'' dated August 9, 2021.
    \4\ See Lion Elastomers, LLC (the petitioner)'s Letter, 
``Antidumping Review of the Antidumping Duty Order on Emulsion 
Styrene Butadiene Rubber (E-SBR) from Brazil and Mexico: Lion 
Elastomers, LLC's Comments on Product Grading,'' dated August 19, 
2021; see also Negromex and its affiliated U.S. importer, Dynasol, 
LLC's Letter, ``Emulsion Styrene Butadiene Rubber from Brazil and 
Mexico Comments on Product Grading,'' dated August 20, 2021.
    \5\ See Preliminary Results, 86 FR 30401, and accompanying PDM 
at 2-6.
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 
751(a)(1)(B) and (2) of the Act.

Scope of the Order

    The merchandise covered by the Order is certain ESB rubber from

[[Page 53034]]

Brazil.\6\ 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.\7\
---------------------------------------------------------------------------

    \6\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017) (Order).
    \7\ For a full description of the scope of the Order, see the 
Preliminary Results PDM at 2.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce continues 
to base ARLANXEO Brasil's dumping margin on total AFA, because it 
withheld requested information by declining to respond to our initial 
questionnaire.\8\ We have continued to use an AFA rate of 67.99 
percent, which is the highest dumping margin alleged in the 
petition.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Results PDM at 2-6.
    \9\ Id. at 5-6.
---------------------------------------------------------------------------

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, Commerce finds that there is no reason to 
modify its analysis and calculations. Accordingly, we adopt the 
analysis and explanation in our Preliminary Results for the purposes of 
these final results of review and we have not prepared an Issues and 
Decision Memorandum to accompany this Federal Register notice.
    As a result of this review, Commerce determines that the following 
weighted-average dumping margin exists for the period September 1, 
2019, through August 31, 2020:

------------------------------------------------------------------------
                                                            Weighted-
                   Exporter/producer                      average margin
                                                            (percent)
------------------------------------------------------------------------
ARLANXEO Brasil S.A....................................           67.99
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of an administrative 
review within five days of its 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, because Commerce applied total AFA to the 
mandatory respondent under review in accordance with section 776 of the 
Act, there are no calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. 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)(C) of the Act: (1) The cash deposit rate for ARLANXEO Brasil 
S.A. will be equal to the rate listed for ARLANXEO Brasil in the table 
above; (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 ad valorem, the all-others cash deposit 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 serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification 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: September 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-20748 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-DS-P