82_FR_11570 82 FR 11534 - Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 11534 - Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range11534-11536
FR Document2017-03625

The Department of Commerce (the Department) preliminarily determines that emulsion styrene-butadiene rubber (ESB rubber) from Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017)
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11534-11536]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03625]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-848]


Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that emulsion styrene-butadiene rubber (ESB rubber) from 
Mexico is being, or is likely to be, sold in the United States at less 
than fair value (LTFV). The period of investigation (POI) is July 1, 
2015, through June 30, 2016.

DATES: Effective February 24, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 
482-2243, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on August 19, 
2016.\1\ The Department postponed the preliminary determination of this 
investigation until February 16, 2017.\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, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Initiation of Less Than Fair 
Value Investigations, 81 FR 55438 (August 19, 2016) (Initiation 
Notice).
    \2\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Postponement of Preliminary 
Determination of Sales at Less Than Fair Value Investigations, 81 FR 
85208 (November 25, 2016).
    \3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcment and Compliance, from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, entitled, ``Decision Memorandum for 
the Preliminary Determination in the Less Than Fair Value 
Investigation Emulsion Styrene-Butadiene Rubber from Mexico,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. The Department is not preliminarily modifying the 
scope language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually investigated, which shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated,

[[Page 11535]]

excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    The Department calculated a company-specific rate for Industrias 
Negromex S.A. de C.V.--Planta Altamira (Negromex) that is not zero, de 
minimis, or determined entirely under section 776 of the Act. 
Therefore, for purposes of determining the ``all-others'' rate and 
pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-
average dumping margin calculated for Negromex as the estimated 
weighted-average dumping margin assigned to all other producers and 
exporters of the merchandise under consideration.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.--Planta Altamira...........       13.77
All-Others..................................................       13.77
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, as discussed below. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed to interested 
parties in this proceeding 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) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding, and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

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 not 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 petitioners. Section 351.210(e)(2) of the Department's regulations 
requires that requests by respondents for postponement of a final 
antidumping 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 24, 2017, pursuant to 19 CFR 351.210(e), Negromex 
requested that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\7\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) Our 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, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \7\ See Letter to the Secretary of Commerce from Negromex 
entitled, ``Negromex's Request for Extension of Final Determination 
and Provisional Measures,'' dated January 24, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Trade Commission (ITC) of our preliminary determination. 
If our 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 our final determination whether these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry.
    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: February 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    For purposes of this investigation, the product covered is cold-
polymerized emulsion styrene-butadiene rubber (ESB rubber). The 
scope of the investigation includes, but is not limited to, ESB 
rubber in primary forms, bales, granules, crumbs, pellets, powders, 
plates, sheets, strip, etc. ESB rubber consists of non-pigmented 
rubbers and oil-extended non-pigmented rubbers, both of which 
contain at least one percent of organic acids from the emulsion 
polymerization process.
    ESB rubber is produced and sold in accordance with a generally 
accepted set of product specifications issued by the International 
Institute of Synthetic Rubber Producers (IISRP). The scope of the 
investigation covers grades of ESB rubber included in the IISRP 1500 
and 1700 series of synthetic rubbers. The 1500 grades are light in 
color and are often described as ``Clear'' or ``White Rubber.'' The 
1700 grades

[[Page 11536]]

are oil-extended and thus darker in color, and are often called 
``Brown Rubber.''
    Specifically excluded from the scope of this investigation are 
products which are manufactured by blending ESB rubber with other 
polymers, high styrene resin master batch, carbon black master batch 
(i.e., IISRP 1600 series and 1800 series) and latex (an intermediate 
product).
    The products subject to this investigation are 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 investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arms'-Length Test
    C. Level of Trade
    D. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
X. Currency Conversion
[FR Doc. 2017-03625 Filed 2-23-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    11534                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    States falls within the scope of the                    DEPARTMENT OF COMMERCE                                  Memorandum is included as Appendix
                                                    order.6                                                                                                         II to this notice. The Preliminary
                                                                                                            International Trade Administration                      Decision Memorandum is a public
                                                    Continuation of the Order                                                                                       document and is on file electronically
                                                                                                            [A–201–848]
                                                       As a result of the determinations by                                                                         via Enforcement and Compliance’s
                                                    the Department and the ITC that                         Emulsion Styrene-Butadiene Rubber                       Antidumping and Countervailing Duty
                                                    revocation of the AD duty order would                   From Mexico: Preliminary Affirmative                    Centralized Electronic Service System
                                                                                                            Determination of Sales at Less Than                     (ACCESS). ACCESS is available to
                                                    likely lead to a continuation or
                                                                                                            Fair Value, Postponement of Final                       registered users at https://
                                                    recurrence of dumping and material
                                                                                                            Determination, and Extension of                         access.trade.gov, and to all parties in the
                                                    injury to an industry in the United
                                                                                                            Provisional Measures                                    Central Records Unit, room B8024 of the
                                                    States, pursuant to section 751(d)(2) of                                                                        main Department of Commerce
                                                    the Act and 19 CFR 351.218(a), the                      AGENCY:  Enforcement and Compliance,                    building. In addition, a complete
                                                    Department hereby orders the                            International Trade Administration,                     version of the Preliminary Decision
                                                    continuation of the AD duty order on                    Department of Commerce.                                 Memorandum can be accessed directly
                                                    wooden bedroom furniture from the                       SUMMARY: The Department of Commerce                     at http://enforcement.trade.gov/frn/.
                                                    PRC. U.S. Customs and Border                            (the Department) preliminarily                          The signed Preliminary Decision
                                                    Protection will continue to collect AD                  determines that emulsion styrene-                       Memorandum and the electronic
                                                    duty cash deposits at the rates in effect               butadiene rubber (ESB rubber) from                      version are identical in content.
                                                    at the time of entry for all imports of                 Mexico is being, or is likely to be, sold
                                                    subject merchandise. The effective date                                                                         Scope of the Investigation
                                                                                                            in the United States at less than fair
                                                    of the continuation of the order will be                value (LTFV). The period of                               The product covered by this
                                                    the date of publication in the Federal                  investigation (POI) is July 1, 2015,                    investigation is ESB rubber from
                                                    Register of this notice of continuation.                through June 30, 2016.                                  Mexico. For a complete description of
                                                    Pursuant to section 751(c)(2) of the Act                DATES: Effective February 24, 2017.                     the scope of this investigation, see
                                                    and 19 CFR 351.218(c)(2), the                                                                                   Appendix I.
                                                                                                            FOR FURTHER INFORMATION CONTACT: Julia
                                                    Department intends to initiate the next                 Hancock or Javier Barrientos, AD/CVD                    Scope Comments
                                                    five-year review of the order not later                 Operations, Office V, Enforcement and                      In accordance with the preamble to
                                                    than 30 days prior to the fifth                         Compliance, International Trade                         the Department’s regulations,4 the
                                                    anniversary of the effective date of                    Administration, U.S. Department of
                                                                                                                                                                    Initiation Notice set aside a period of
                                                    continuation.                                           Commerce, 1401 Constitution Avenue
                                                                                                                                                                    time for parties to raise issues regarding
                                                       This five-year sunset review and this                NW., Washington, DC 20230; telephone:
                                                                                                                                                                    product coverage (i.e., scope).5 No
                                                    notice are in accordance with section                   (202) 482–1394 or (202) 482–2243,
                                                                                                                                                                    interested party commented on the
                                                    751(c) and 751(d)(2) of the Act and                     respectively.
                                                                                                                                                                    scope of the investigation as it appeared
                                                    published pursuant to section 777(i)(1)                 SUPPLEMENTARY INFORMATION:                              in the Initiation Notice. The Department
                                                    of the Act and 19 CFR 351.218(f)(4).                                                                            is not preliminarily modifying the scope
                                                                                                            Background
                                                                                                                                                                    language as it appeared in the Initiation
                                                    Administrative Protective Order                            This preliminary determination is                    Notice.
                                                                                                            made in accordance with section 733(b)
                                                      This notice also serves as the only                                                                           Methodology
                                                                                                            of the Tariff Act of 1930, as amended
                                                    reminder to parties subject to
                                                                                                            (the Act). The Department published the                   The Department is conducting this
                                                    administrative protective order (‘‘APO’’)               notice of initiation of this investigation              investigation in accordance with section
                                                    of their responsibility concerning the                  on August 19, 2016.1 The Department                     731 of the Act. Constructed export
                                                    return/destruction or conversion to                     postponed the preliminary                               prices have been calculated in
                                                    judicial protective order of proprietary                determination of this investigation until               accordance with section 772(b) of the
                                                    information disclosed under APO in                      February 16, 2017.2 For a complete                      Act. Normal value (NV) is calculated in
                                                    accordance with 19 CFR 351.305(a)(3).                   description of the events that followed                 accordance with section 773 of the Act.
                                                    Failure to comply is a violation of the                 the initiation of this investigation, see               For a full description of the
                                                    APO which may be subject to sanctions.                  the Preliminary Decision                                methodology underlying our
                                                      Dated: February 17, 2017.                             Memorandum.3 A list of topics included                  preliminary conclusions, see the
                                                    Ronald K. Lorentzen,                                    in the Preliminary Decision                             Preliminary Decision Memorandum.
                                                    Acting Assistant Secretary for Enforcement                1 See Emulsion Styrene-Butadiene Rubber from          All-Others Rate
                                                    and Compliance.                                         Brazil, the Republic of Korea, Mexico, and Poland:        Sections 733(d)(1)(A)(ii) and
                                                    [FR Doc. 2017–03639 Filed 2–23–17; 8:45 am]             Initiation of Less Than Fair Value Investigations, 81
                                                                                                            FR 55438 (August 19, 2016) (Initiation Notice).
                                                                                                                                                                    735(c)(5)(A) of the Act provide that in
                                                    BILLING CODE 3510–DS–P                                    2 See Emulsion Styrene-Butadiene Rubber from          the preliminary determination the
                                                                                                            Brazil, the Republic of Korea, Mexico, and Poland:      Department shall determine an
                                                                                                            Postponement of Preliminary Determination of            estimated all-others rate for all exporters
                                                                                                            Sales at Less Than Fair Value Investigations, 81 FR     and producers not individually
                                                                                                            85208 (November 25, 2016).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      6 For a full description of the scope of the order,
                                                                                                              3 See Memorandum to Ronald K. Lorentzen,              investigated, which shall be an amount
                                                    including exclusions, see Final Results and the
                                                    accompanying ‘‘Issues and Decision Memorandum           Acting Assistant Secretary for Enforcment and           equal to the weighted average of the
                                                    for the Expedited Second Sunset Review of the           Compliance, from Gary Taverman, Associate               estimated weighted-average dumping
                                                                                                            Deputy Assistant Secretary for Antidumping and          margins established for exporters and
                                                    Antidumping Duty Order on Wooden Bedroom
                                                                                                            Countervailing Duty Operations, entitled, ‘‘Decision
                                                    Furniture from the People’s Republic of China’’         Memorandum for the Preliminary Determination in
                                                                                                                                                                    producers individually investigated,
                                                    from Christian Marsh, Deputy Assistant Secretary        the Less Than Fair Value Investigation Emulsion
                                                    for Antidumping and Countervailing Duty                 Styrene-Butadiene Rubber from Mexico,’’ dated             4 See Antidumping Duties; Countervailing Duties,

                                                    Operations, to Paul Piquado, Assistant Secretary for    concurrently with, and hereby adopted by, this          62 FR 27296, 27323 (May 19, 1997).
                                                    Enforcement and Compliance.                             notice (Preliminary Decision Memorandum).                 5 See Initiation Notice.




                                               VerDate Sep<11>2014   17:20 Feb 23, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\24FEN1.SGM   24FEN1


                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                                 11535

                                                    excluding any zero and de minimis                          Compliance no later than seven days                measures be extended to a period not to
                                                    margins, and any margins determined                        after the date on which the final                  exceed six months.7 In accordance with
                                                    entirely under section 776 of the Act.                     verification report is issued in this              section 735(a)(2)(A) of the Act and 19
                                                      The Department calculated a                              proceeding, and rebuttal briefs, limited           CFR 351.210(b)(2)(ii), because: (1) Our
                                                    company-specific rate for Industrias                       to issues raised in case briefs, may be            preliminary determination is
                                                    Negromex S.A. de C.V.—Planta                               submitted no later than five days after            affirmative; (2) the requesting exporter
                                                    Altamira (Negromex) that is not zero, de                   the deadline date for case briefs.6                accounts for a significant proportion of
                                                    minimis, or determined entirely under                      Pursuant to 19 CFR 351.309(c)(2) and               exports of the subject merchandise; and
                                                    section 776 of the Act. Therefore, for                     (d)(2), parties who submit case briefs or          (3) no compelling reasons for denial
                                                    purposes of determining the ‘‘all-others’’                 rebuttal briefs in this proceeding are             exist, we are postponing the final
                                                    rate and pursuant to section 735(c)(5)(A)                  encouraged to submit with each                     determination and extending the
                                                    of the Act, we are using the weighted-                     argument: (1) A statement of the issue;            provisional measures from a four-month
                                                    average dumping margin calculated for                      (2) a brief summary of the argument;               period to a period not greater than six
                                                    Negromex as the estimated weighted-                        and (3) a table of authorities.                    months. Accordingly, we will make our
                                                    average dumping margin assigned to all                         Pursuant to 19 CFR 351.310(c),                 final determination no later than 135
                                                    other producers and exporters of the                       interested parties who wish to request a           days after the date of publication of this
                                                    merchandise under consideration.                           hearing, limited to issues raised in the           preliminary determination.
                                                                                                               case and rebuttal briefs, must submit a
                                                    Preliminary Determination                                  written request to the Assistant                   International Trade Commission
                                                       The Department preliminarily                            Secretary for Enforcement and                      Notification
                                                    determines that the following weighted- Compliance, U.S. Department of                                           In accordance with section 733(f) of
                                                    average dumping margins exist:                             Commerce, within 30 days after the date            the Act, we are notifying the
                                                                                                               of publication of this notice. Requests            International Trade Commission (ITC) of
                                                                                                    Weighted- should contain the party’s name,
                                                                                                     average                                                      our preliminary determination. If our
                                                                                                               address, and telephone number, the                 final determination is affirmative, the
                                                            Exporter/producer                       dumping
                                                                                                     margins   number of participants, whether any                ITC will determine before the later of
                                                                                                    (percent)  participant is a foreign national, and a           120 days after the date of this
                                                                                                               list of the issues to be discussed. If a           preliminary determination or 45 days
                                                    Industrias Negromex S.A. de                                request for a hearing is made, the
                                                       C.V.—Planta Altamira .............                13.77 Department intends to hold the hearing             after our final determination whether
                                                    All-Others ....................................      13.77                                                    these imports are materially injuring, or
                                                                                                               at the U.S. Department of Commerce,                threaten material injury to, the U.S.
                                                                                                               1401 Constitution Avenue NW.,                      industry.
                                                    Suspension of Liquidation                                  Washington, DC 20230, at a time and
                                                       In accordance with section 733(d)(2)                    date to be determined. Parties should                 This determination is issued and
                                                    of the Act, the Department will direct                     confirm by telephone the date, time, and           published in accordance with sections
                                                    U.S. Customs and Border Protection                         location of the hearing two days before            733(f) and 777(i)(1) of the Act and 19
                                                    (CBP) to suspend liquidation of subject                    the scheduled date.                                CFR 351.205(c).
                                                    merchandise as described in the scope                                                                           Dated: February 16, 2017.
                                                                                                               Postponement of Final Determination
                                                    of the investigation section entered, or                                                                      Ronald K. Lorentzen,
                                                                                                               and Extension of Provisional Measures
                                                    withdrawn from warehouse, for                                                                                 Acting Assistant Secretary for Enforcement
                                                    consumption on or after the date of                            Section 735(a)(2) of the Act provides          and Compliance.
                                                    publication of this notice in the Federal that a final determination may be
                                                                                                               postponed until not later than 135 days            Appendix I
                                                    Register, as discussed below. Further,
                                                    pursuant to section 733(d)(1)(B) of the                    after the date of the publication of the           Scope of the Investigation
                                                    Act and 19 CFR 351.205(d), the                             preliminary determination if, in the                  For purposes of this investigation, the
                                                    Department will instruct CBP to require event of an affirmative preliminary                                   product covered is cold-polymerized
                                                    a cash deposit equal to the weighted-                      determination, a request for such                  emulsion styrene-butadiene rubber (ESB
                                                    average amount by which normal value                       postponement is made by exporters who              rubber). The scope of the investigation
                                                    exceeds U.S. price. These suspension of account for a significant proportion of                               includes, but is not limited to, ESB rubber in
                                                    liquidation instructions will remain in                    exports of the subject merchandise, or in          primary forms, bales, granules, crumbs,
                                                                                                               the event of a negative preliminary                pellets, powders, plates, sheets, strip, etc.
                                                    effect until further notice.                                                                                  ESB rubber consists of non-pigmented
                                                                                                               determination, a request for such
                                                    Disclosure                                                                                                    rubbers and oil-extended non-pigmented
                                                                                                               postponement is made by the                        rubbers, both of which contain at least one
                                                       We intend to disclose the calculations petitioners. Section 351.210(e)(2) of the                           percent of organic acids from the emulsion
                                                    performed to interested parties in this                    Department’s regulations requires that             polymerization process.
                                                    proceeding within five days of the date                    requests by respondents for                           ESB rubber is produced and sold in
                                                    of publication of this notice in                           postponement of a final antidumping                accordance with a generally accepted set of
                                                    accordance with 19 CFR 351.224(b).                         determination be accompanied by a                  product specifications issued by the
                                                                                                               request for extension of provisional               International Institute of Synthetic Rubber
                                                    Verification                                                                                                  Producers (IISRP). The scope of the
                                                                                                               measures from a four-month period to a
                                                                                                                                                                  investigation covers grades of ESB rubber
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       As provided in section 782(i) of the                    period not more than six months in
                                                    Act, we intend to verify information                                                                          included in the IISRP 1500 and 1700 series
                                                                                                               duration.                                          of synthetic rubbers. The 1500 grades are
                                                    relied upon in making our final                                On January 24, 2017, pursuant to 19            light in color and are often described as
                                                    determination.                                             CFR 351.210(e), Negromex requested                 ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
                                                    Public Comment                                             that the Department postpone the final
                                                                                                               determination and that provisional                   7 See Letter to the Secretary of Commerce from
                                                       Case briefs or other written comments                                                                      Negromex entitled, ‘‘Negromex’s Request for
                                                    may be submitted to the Assistant                             6 See 19 CFR 351.309; see also 19 CFR 351.303   Extension of Final Determination and Provisional
                                                    Secretary for Enforcement and                              (for general filing requirements).                 Measures,’’ dated January 24, 2017.



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                                                    11536                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    are oil-extended and thus darker in color,              determines that emulsion styrene-                       Memorandum and the electronic
                                                    and are often called ‘‘Brown Rubber.’’                  butadiene rubber (ESB rubber) from the                  version are identical in content.
                                                       Specifically excluded from the scope of              Republic of Korea (Korea) is being, or is
                                                    this investigation are products which are                                                                       Scope of the Investigation
                                                                                                            likely to be, sold in the United States at
                                                    manufactured by blending ESB rubber with                                                                          The product covered by this
                                                    other polymers, high styrene resin master
                                                                                                            less than fair value (LTFV). The period
                                                                                                            of investigation (POI) is July 1, 2015,                 investigation is ESB rubber from Korea.
                                                    batch, carbon black master batch (i.e., IISRP
                                                    1600 series and 1800 series) and latex (an              through June 30, 2016.                                  For a complete description of the scope
                                                    intermediate product).                                  DATES: Effective February 24, 2017.
                                                                                                                                                                    of this investigation, see Appendix I.
                                                       The products subject to this investigation           FOR FURTHER INFORMATION CONTACT:                        Scope Comments
                                                    are currently classifiable under subheadings
                                                    4002.19.0015 and 4002.19.0019 of the
                                                                                                            Carrie Bethea or Kabir Archuletta, AD/                     In accordance with the preamble to
                                                    Harmonized Tariff Schedule of the United                CVD Operations, Office V, Enforcement                   the Department’s regulations,4 the
                                                    States (HTSUS). ESB rubber is described by              and Compliance, International Trade                     Initiation Notice set aside a period of
                                                    Chemical Abstract Services (CAS) Registry               Administration, U.S. Department of                      time for interested parties to raise issues
                                                    No. 9003–55–8. This CAS number also refers              Commerce, 1401 Constitution Avenue                      regarding product coverage (i.e., scope).5
                                                    to other types of styrene butadiene rubber.             NW., Washington, DC 20230; telephone:                   No interested party commented on the
                                                    Although the HTSUS subheadings and CAS                  (202) 482–1491 or (202) 482–2593,                       scope of the investigation as it appeared
                                                    registry number are provided for convenience            respectively.                                           in the Initiation Notice. The Department
                                                    and customs purposes, the written
                                                    description of the scope of this investigation          SUPPLEMENTARY INFORMATION:                              is not preliminarily modifying the scope
                                                    is dispositive.                                                                                                 language as it appeared in the Initiation
                                                                                                            Background                                              Notice.
                                                    Appendix II                                                This preliminary determination is                    Methodology
                                                    List of Topics Discussed in the Preliminary             made in accordance with section 733(b)
                                                    Decision Memorandum                                     of the Tariff Act of 1930, as amended                      The Department is conducting this
                                                                                                                                                                    investigation in accordance with section
                                                    I. Summary                                              (the Act). The Department published the
                                                                                                                                                                    731 of the Act. The Department has
                                                    II. Background                                          notice of initiation of this investigation
                                                    III. Period of Investigation                                                                                    calculated export prices in accordance
                                                                                                            on August 19, 2016.1 The Department
                                                    IV. Scope Comments                                                                                              with section 772(a) of the Act.
                                                                                                            postponed the preliminary
                                                    V. Discussion of the Methodology                                                                                Constructed export prices have been
                                                                                                            determination of this investigation until
                                                       A. Determination of the Comparison                                                                           calculated in accordance with section
                                                                                                            February 16, 2017.2 For a complete
                                                          Method                                                                                                    773 of the Act. Normal value (NV) For
                                                       B. Results of the Differential Pricing
                                                                                                            description of the events that followed
                                                                                                                                                                    a full description of the methodology
                                                          Analysis                                          the initiation of this investigation, see
                                                                                                                                                                    underlying our preliminary conclusions,
                                                    VI. Date of Sale                                        the Preliminary Decision
                                                                                                                                                                    see the Preliminary Decision
                                                    VII. Product Comparisons                                Memorandum.3 A list of topics included
                                                                                                                                                                    Memorandum.
                                                    VIII. Constructed Export Price                          in the Preliminary Decision
                                                    IX. Normal Value                                        Memorandum is included as Appendix                      Preliminary Affirmative Determination
                                                       A. Home Market Viability                             II to this notice. The Preliminary                      of Critical Circumstances, in Part
                                                       B. Affiliated-Party Transactions and Arms’-          Decision Memorandum is a public
                                                          Length Test                                                                                                 In accordance with section 733(e) of
                                                                                                            document and is on file electronically                  the Act and 19 CFR 351.206, we
                                                       C. Level of Trade
                                                       D. Cost of Production (COP) Analysis
                                                                                                            via Enforcement and Compliance’s                        preliminarily find that critical
                                                       1. Calculation of COP                                Antidumping and Countervailing Duty                     circumstances do not exist for LG Chem,
                                                       2. Test of Comparison Market Sales Prices            Centralized Electronic Service System                   Ltd. (LG Chem). However, because
                                                       3. Results of the COP Test                           (ACCESS). ACCESS is available to                        Daewoo International Corporation
                                                       E. Calculation of NV Based on Comparison             registered users at https://                            (Daewoo) and Kumho Petrochemical Co,
                                                          Market Prices                                     access.trade.gov, and to all parties in the             Ltd (Kumho) did not respond to the
                                                    X. Currency Conversion                                  Central Records Unit, room B8024 of the                 Department’s questionnaires, we have
                                                    [FR Doc. 2017–03625 Filed 2–23–17; 8:45 am]             main Department of Commerce                             determined pursuant to sections 776(a)
                                                    BILLING CODE 3510–DS–P                                  building. In addition, a complete                       and (b) of the Act, that critical
                                                                                                            version of the Preliminary Decision                     circumstances exist for both Daewoo
                                                                                                            Memorandum can be accessed directly                     and Kumho as adverse facts available
                                                    DEPARTMENT OF COMMERCE                                  at http://enforcement.trade.gov/frn/.                   (AFA). For a full description of the
                                                    International Trade Administration                      The signed Preliminary Decision                         methodology and results of our critical
                                                                                                                                                                    circumstances analysis, see the
                                                    [A–580–890]                                               1 See Emulsion Styrene-Butadiene Rubber from
                                                                                                                                                                    Preliminary Decision Memorandum.
                                                                                                            Brazil, the Republic of Korea, Mexico, and Poland:
                                                    Emulsion Styrene-Butadiene Rubber                       Initiation of Less Than Fair Value Investigations, 81   Adverse Facts Available
                                                                                                            FR 55438 (August 19, 2016) (Initiation Notice).
                                                    From the Republic of Korea:                               2 See Emulsion Styrene-Butadiene Rubber from            Daewoo and Kumho were each
                                                    Preliminary Affirmative Determination                   Brazil, the Republic of Korea, Mexico, and Poland:      selected as a mandatory respondent, but
                                                    of Sales at Less Than Fair Value,                       Postponement of Preliminary Determination of            each failed to respond to the
                                                    Affirmative Determination of Critical                   Sales at Less Than Fair Value Investigations, 81 FR     Department’s questionnaires.
                                                                                                            85208 (November 25, 2016).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Circumstances, in Part, Postponement                      3 See Memorandum to Ronald K. Lorentzen,
                                                                                                                                                                    Accordingly, we preliminarily
                                                    of Final Determination, and Extension                   Acting Assistant Secretary for Enforcement and          determine to based their dumping
                                                    of Provisional Measures                                 Compliance, from Gary Taverman, Associate               margins on AFA, in accordance with
                                                                                                            Deputy Assistant Secretary for Antidumping and          sections 776(a) and (b) of the Act and 19
                                                    AGENCY:  Enforcement and Compliance,                    Countervailing Duty Operations, entitled, ‘‘Decision
                                                                                                                                                                    CFR 351.308. As AFA, we applied the
                                                    International Trade Administration,                     Memorandum for the Preliminary Determination in
                                                    Department of Commerce.                                 the Less Than Fair Value Investigation of Emulsion
                                                                                                                                                                      4 See Antidumping Duties; Countervailing Duties,
                                                                                                            Styrene-Butadiene Rubber from Korea,’’ dated
                                                    SUMMARY: The Department of Commerce                     concurrently with, and hereby adopted by, this          62 FR 27296, 27323 (May 19, 1997).
                                                    (the Department) preliminarily                          notice (Preliminary Decision Memorandum).                 5 See Initiation Notice.




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Document Created: 2017-02-24 01:17:31
Document Modified: 2017-02-24 01:17:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective February 24, 2017.
ContactJulia Hancock or Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-2243, respectively.
FR Citation82 FR 11534 

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