Acrylonitrile-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 5796-5798 [2022-02113]

Download as PDF 5796 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–580–912] Acrylonitrile-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that acrylonitrile-butadiene rubber (AB rubber) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES: Applicable February 2, 2022. FOR FURTHER INFORMATION CONTACT: Melissa Kinter, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1413. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 27, 2021.1 On November 17, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 26, 2022.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix jspears on DSK121TN23PROD with NOTICES1 1 See Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Initiation of Less-Than-Fair-Value Investigations, 86 FR 40192 (July 27, 2021) (Initiation Notice). 2 See Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 86 FR 64185 (November 17, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Acrylonitrile-Butadiene Rubber from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is AB rubber from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 in the Initiation Notice Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Based on Commerce’s analysis of the parties’ comments, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available to assign the estimated weighted-average dumping margin to mandatory respondent LG Chemical, Ltd. (LG Chem) because it did not submit a response to Commerce’s antidumping duty questionnaire. Further, Commerce 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Preliminary Scope Decision Memorandum,’’ dated concurrently with this preliminary determination (Preliminary Scope Decision Memorandum). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 preliminarily determined that LG Chem failed to cooperate by not acting to the best of its ability to comply with a request for information and is using an adverse inference when selecting from among the facts otherwise available, in accordance with section 776(b) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily finds that critical circumstances do not exist for Kumho Petrochemical Co., Ltd. (Kumho), but do exist for LG Chem and the companies covered by the all-others rate. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily assigned a rate based entirely on facts available to LG Chem. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Kumho. Consequently, the rate calculated for Kumho is also assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Exporter/producer Kumho Petrochemical Co., Ltd. LG Chemical, Ltd ........................ All Others .................................... E:\FR\FM\02FEN1.SGM 02FEN1 Estimated weightedaverage dumping margin (percent) 19.20 35.21 19.20 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices jspears on DSK121TN23PROD with NOTICES1 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise produced or exported by LG Chem and the companies covered by the all-others rate. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producers or exporters identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment The deadlines for the submission of case and rebuttal briefs with respect to scope issues are specified in the Preliminary Scope Decision Memorandum. Interested parties will be notified of the deadline for the submission of case briefs with respect to non-scope issues at a later date. Rebuttal briefs, limited to issues raised in nonscope-related case briefs, may be submitted no later than seven days after the deadline date for case briefs.7 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 5797 list of the issues to be discussed. If a request for a hearing is made, parties will be notified of the time and date for the hearing.9 Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until no later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On January 14, 2022, pursuant to 19 CFR 351.210(e), Kumho requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.10 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. 9 See 19 CFR 351.310(d). Kumho’s Letter, ‘‘Request to Postpone the Final Determination,’’ dated January 14, 2022. 10 See E:\FR\FM\02FEN1.SGM 02FEN1 5798 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: January 26, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. jspears on DSK121TN23PROD with NOTICES1 Appendix I—Scope of the Investigation The product covered by this investigation 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 nonaqueous liquid form. The scope also includes carboxylated AB Rubber. Excluded from the scope of this investigation 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. Also excluded from the scope of this investigation is: (a) AB Rubber containing additives incorporated during the compounding, mixing, molding, or use of AB Rubber comprising greater than twenty percent of the total weight of the product. Additives would include, but are not limited to, fillers (e.g. carbon black, silica, clay); reinforcement agents (e.g. fibers, carbon black, silica); vulcanization agents (e.g. sulfur, sulfur complexes, peroxide); or AB Rubber containing extension oils making up greater than forty percent of the total weight of the product. Such products would be generally classified under HTSUS subheading 4005; (b) AB Rubber containing polyvinyl chloride (PVC) making up greater than twenty percent of total weight of the product; (c) hydrogenated AB Rubber (commonly referred to as AB Rubber) 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 investigation if performed in the country of manufacture of the AB Rubber. The merchandise subject to this investigation 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. VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Methodology VI. Date of Sale VII. Product Comparisons VIII. Export Price IX. Normal Value X. Preliminary Determination of Critical Circumstances XI. Currency Conversion XII. Recommendation [FR Doc. 2022–02113 Filed 2–1–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Open Meeting of the Information Security and Privacy Advisory Board National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, March 09, 2022 and Thursday, March 10, 2022 from 10:00 a.m. until 4:30 p.m., Eastern Time. All sessions will be open to the public. DATES: The meeting will be held on Wednesday, March 09, 2022 and Thursday, March 10, 2022 from 10:00 a.m. until 4:30 p.m., Eastern Time. ADDRESSES: The meeting will be a virtual meeting via webinar. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Jeff Brewer, Information Technology Laboratory, National Institute of Standards and Technology, Telephone: (301) 975–2489, Email address: jeffrey.brewer@nist.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the ISPAB will hold an open meeting Wednesday, March 09, 2022 and Thursday, March 10, 2022 from 10:00 a.m. until 4:30 p.m., Eastern Time. All sessions will be open to the public. The ISPAB is authorized by 15 U.S.C. 278g–4, as amended, and advises the National Institute of Standards and Technology (NIST), the Secretary of Homeland Security, and the Director of the Office of Management and Budget SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 (OMB) on information security and privacy issues pertaining to Federal government information systems, including through review of proposed standards and guidelines developed by NIST. Details regarding the ISPAB’s activities are available at https:// csrc.nist.gov/projects/ispab. The agenda is expected to include the following items: —Briefing from NIST on recent activities from the Information Technology Laboratory, —Presentation from NIST on the Artificial Intelligence Risk Management Framework, —Discussion on Cryptographic Brittleness and issues in implementations, —Presentation from NIST on Open Source Cybersecurity Assessment Language (OSCAL), —Discussion on the United States Government participation in National and International Standards Development Organizations, —Briefing on NIST Cybersecurity Updates, —Public Comments. Note that agenda items may change without notice. The final agenda will be posted on the ISPAB event page at: https://csrc.nist.gov/Events/2022/ispabmarch-2022-meeting. Public Participation: Written questions or comments from the public are invited and may be submitted electronically by email to Jeff Brewer at the contact information indicated in the FOR FURTHER INFORMATION CONTACT section of this notice by 5 p.m. on Tuesday, March 08, 2022. The ISPAB agenda will include a period, not to exceed thirty minutes, for submitted questions or comments from the public between 3:30 p.m. and 4:00 p.m. on Wednesday, March 09, 2022. Submitted questions or comments from the public will be selected on a firstcome, first-served basis and limited to five minutes per person. Members of the public who wish to expand upon their submitted statements, those who had wished to submit a question or comment but could not be accommodated on the agenda, and those who were unable to attend the meeting via webinar are invited to submit written statements. In addition, written statements are invited and may be submitted to the ISPAB at any time. All written statements should be directed to the ISPAB Secretariat, Information Technology Laboratory by email to: Jeffrey.Brewer@nist.gov. Admittance Instructions: All participants will be attending via webinar and must register via the E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5796-5798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02113]



[[Page 5796]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-912]


Acrylonitrile-Butadiene Rubber From the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that acrylonitrile-butadiene rubber (AB rubber) from the Republic of 
Korea (Korea) is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
April 1, 2020, through March 31, 2021. Interested parties are invited 
to comment on this preliminary determination.

DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Kinter, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 27, 
2021.\1\ On November 17, 2021, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 26, 2022.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \1\ See Acrylonitrile-Butadiene Rubber from France, the Republic 
of Korea, and Mexico: Initiation of Less-Than-Fair-Value 
Investigations, 86 FR 40192 (July 27, 2021) (Initiation Notice).
    \2\ See Acrylonitrile-Butadiene Rubber from France, the Republic 
of Korea, and Mexico: Postponement of Preliminary Determinations of 
Antidumping Duty Investigations, 86 FR 64185 (November 17, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Acrylonitrile-Butadiene Rubber from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is AB rubber from Korea. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ in 
the Initiation Notice Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this preliminary determination, and accompanying analysis of all 
comments timely received, see the Preliminary Scope Decision 
Memorandum.\6\ Based on Commerce's analysis of the parties' comments, 
Commerce is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Antidumping Duty Investigations of 
Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, 
and Mexico: Preliminary Scope Decision Memorandum,'' dated 
concurrently with this preliminary determination (Preliminary Scope 
Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export price in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. Furthermore, pursuant to 
section 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available to assign the estimated weighted-average 
dumping margin to mandatory respondent LG Chemical, Ltd. (LG Chem) 
because it did not submit a response to Commerce's antidumping duty 
questionnaire. Further, Commerce preliminarily determined that LG Chem 
failed to cooperate by not acting to the best of its ability to comply 
with a request for information and is using an adverse inference when 
selecting from among the facts otherwise available, in accordance with 
section 776(b) of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
for Kumho Petrochemical Co., Ltd. (Kumho), but do exist for LG Chem and 
the companies covered by the all-others rate. For a full description of 
the methodology and results of Commerce's critical circumstances 
analysis, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to LG Chem. Therefore, the only rate that 
is not zero, de minimis or based entirely on facts otherwise available 
is the rate calculated for Kumho. Consequently, the rate calculated for 
Kumho is also assigned as the rate for all other producers and 
exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kumho Petrochemical Co., Ltd................................       19.20
LG Chemical, Ltd............................................       35.21
All Others..................................................       19.20
------------------------------------------------------------------------


[[Page 5797]]

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced or exported by LG Chem and the companies covered 
by the all-others rate. In accordance with section 733(e)(2)(A) of the 
Act, the suspension of liquidation shall apply to unliquidated entries 
of shipments of subject merchandise from the producers or exporters 
identified in this paragraph that were entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the publication of this notice. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    The deadlines for the submission of case and rebuttal briefs with 
respect to scope issues are specified in the Preliminary Scope Decision 
Memorandum. Interested parties will be notified of the deadline for the 
submission of case briefs with respect to non-scope issues at a later 
date. Rebuttal briefs, limited to issues raised in non-scope-related 
case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\7\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing.\9\
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    \9\ See 19 CFR 351.310(d).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until no later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 14, 2022, pursuant to 19 CFR 351.210(e), Kumho requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\10\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \10\ See Kumho's Letter, ``Request to Postpone the Final 
Determination,'' dated January 14, 2022.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

[[Page 5798]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The product covered by this investigation 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 this investigation 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.
    Also excluded from the scope of this investigation is: (a) AB 
Rubber containing additives incorporated during the compounding, 
mixing, molding, or use of AB Rubber comprising greater than twenty 
percent of the total weight of the product. Additives would include, 
but are not limited to, fillers (e.g. carbon black, silica, clay); 
reinforcement agents (e.g. fibers, carbon black, silica); 
vulcanization agents (e.g. sulfur, sulfur complexes, peroxide); or 
AB Rubber containing extension oils making up greater than forty 
percent of the total weight of the product. Such products would be 
generally classified under HTSUS subheading 4005; (b) AB Rubber 
containing polyvinyl chloride (PVC) making up greater than twenty 
percent of total weight of the product; (c) hydrogenated AB Rubber 
(commonly referred to as AB Rubber) 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 investigation if performed in the 
country of manufacture of the AB Rubber.
    The merchandise subject to this investigation 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
X. Preliminary Determination of Critical Circumstances
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2022-02113 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P