82_FR_11572 82 FR 11536 - Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 11536 - Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, 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 Range11536-11538
FR Document2017-03637

The Department of Commerce (the Department) preliminarily determines that emulsion styrene-butadiene rubber (ESB 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 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 11536-11538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03637]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-890]


Emulsion Styrene-Butadiene Rubber From the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
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 (the Department) preliminarily 
determines that emulsion styrene-butadiene rubber (ESB 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 July 1, 2015, through June 30, 2016.

DATES: Effective February 24, 2017.

FOR FURTHER INFORMATION CONTACT: Carrie Bethea or Kabir Archuletta, 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) 482-1491 or (202) 
482-2593, 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 Enforcement 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 of Emulsion Styrene-Butadiene Rubber from Korea,'' 
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 Korea. 
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 interested 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.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 773 of the Act. Normal 
value (NV) For a full description of the methodology underlying our 
preliminary conclusions, 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, we 
preliminarily find that critical circumstances do not exist for LG 
Chem, Ltd. (LG Chem). However, because Daewoo International Corporation 
(Daewoo) and Kumho Petrochemical Co, Ltd (Kumho) did not respond to the 
Department's questionnaires, we have determined pursuant to sections 
776(a) and (b) of the Act, that critical circumstances exist for both 
Daewoo and Kumho as adverse facts available (AFA). For a full 
description of the methodology and results of our critical 
circumstances analysis, see the Preliminary Decision Memorandum.

Adverse Facts Available

    Daewoo and Kumho were each selected as a mandatory respondent, but 
each failed to respond to the Department's questionnaires. Accordingly, 
we preliminarily determine to based their dumping margins on AFA, in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. 
As AFA, we applied the

[[Page 11537]]

highest dumping margin calculated for Korean exports of subject 
merchandise contained in the petition,\6\ 44.30 percent. For further 
discussion, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See the Petitions for the Imposition of Antidumping Duties 
on Emulsion Styrene Butadiene Rubber from Brazil, the Republic of 
Korea, Mexico, and Poland, dated July 21, 2016.
---------------------------------------------------------------------------

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, 
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 LG Chem that 
is not zero, de minimis or determined entirely under section 776 of the 
Act. However, the Department is preliminarily applying AFA, pursuant to 
section 776(a) and (b) of the Act, to Daewoo and Kumho. 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 LG Chem 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                         margins
                                                               (percent)
------------------------------------------------------------------------
LG Chem, Ltd................................................       11.63
Daewoo International Corporation............................       44.30
Kumho Petrochemical Co, Ltd.................................       44.30
All-Others..................................................       11.63
------------------------------------------------------------------------

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.
    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 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. The Department 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise produced and exported by Daewoo and Kumho. In 
accordance with section 733(e)(2)(A) of the Act, the suspension of 
liquidation shall apply to unliquidated entries of merchandise from the 
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.

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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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 10, 2017, pursuant to 19 CFR 351.210(e), LG Chem 
requested that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\8\ 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

[[Page 11538]]

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

    \8\ See Letter to the Secretary of Commerce from LG Chem, 
entitled, ``LG Chem's Request for Extension of Final Determination 
and Provisional Measures,'' dated January 10, 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 affirmative 
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 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. Export Price and Constructed Export Price
IX. Normal Value
    A. Home Market Viability
B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
X. Application of Facts Available and Use of Adverse Inference
    A. Application of Facts Available
    B. Use of Adverse Inference
    C. Selection and Corroboration of the AFA Rate
XI. Preliminary Affirmative Determination of Critical Circumstances, 
In Part
    A. Legal Framework
    B. Critical Circumstances Analysis
    C. Analysis
XII. Currency Conversion
XIII. Conclusion

[FR Doc. 2017-03637 Filed 2-23-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    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.




                                               VerDate Sep<11>2014   17:20 Feb 23, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\24FEN1.SGM   24FEN1


                                                                                            Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                                  11537

                                                    highest dumping margin calculated for                              pursuant to section 733(d)(1)(B) of the                  Pursuant to 19 CFR 351.310(c),
                                                    Korean exports of subject merchandise                              Act and 19 CFR 351.205(d), the                        interested parties who wish to request a
                                                    contained in the petition,6 44.30                                  Department will instruct CBP to require               hearing, limited to issues raised in the
                                                    percent. For further discussion, see the                           a cash deposit equal to the weighted-                 case and rebuttal briefs, must submit a
                                                    Preliminary Decision Memorandum.                                   average amount by which normal value                  written request to the Assistant
                                                                                                                       exceeds U.S. price. These suspension of               Secretary for Enforcement and
                                                    All-Others Rate
                                                                                                                       liquidation instructions will remain in               Compliance, U.S. Department of
                                                       Sections 733(d)(1)(A)(ii) and                                   effect until further notice.                          Commerce, within 30 days after the date
                                                    735(c)(5)(A) of the Act provide that in                               Section 733(e)(2) of the Act provides              of publication of this notice. Requests
                                                    the preliminary determination the                                  that, given an affirmative determination              should contain the party’s name,
                                                    Department shall determine an                                      of critical circumstances, any                        address, and telephone number, the
                                                    estimated all-others rate for all exporters                        suspension of liquidation shall apply to              number of participants, whether any
                                                    and producers not individually                                     unliquidated entries of merchandise                   participant is a foreign national, and a
                                                    investigated, which shall be an amount                             entered, or withdrawn from warehouse,                 list of the issues to be discussed. If a
                                                    equal to the weighted average of the                               for consumption on or after the later of              request for a hearing is made, the
                                                    estimated weighted-average dumping                                 (a) the date which is 90 days before the              Department intends to hold the hearing
                                                    margins established for exporters and                              date on which the suspension of                       at the U.S. Department of Commerce,
                                                    producers individually investigated,                               liquidation was first ordered, or (b) the             1401 Constitution Avenue NW.,
                                                    excluding any zero and de minimis                                  date on which notice of initiation of the             Washington, DC 20230, at a time and
                                                    margins, and any margins determined                                investigation was published. The                      date to be determined. Parties should
                                                    entirely under section 776 of the Act.                             Department preliminarily finds that                   confirm by telephone the date, time, and
                                                       The Department calculated a                                     critical circumstances exist for imports              location of the hearing two days before
                                                    company-specific rate for LG Chem that                             of subject merchandise produced and                   the scheduled date.
                                                    is not zero, de minimis or determined                              exported by Daewoo and Kumho. In
                                                    entirely under section 776 of the Act.                                                                                   Postponement of Final Determination
                                                                                                                       accordance with section 733(e)(2)(A) of               and Extension of Provisional Measures
                                                    However, the Department is                                         the Act, the suspension of liquidation
                                                    preliminarily applying AFA, pursuant                               shall apply to unliquidated entries of                   Section 735(a)(2) of the Act provides
                                                    to section 776(a) and (b) of the Act, to                           merchandise from the exporters                        that a final determination may be
                                                    Daewoo and Kumho. Therefore, for                                   identified in this paragraph that were                postponed until not later than 135 days
                                                    purposes of determining the ‘‘all-others’’                         entered, or withdrawn from warehouse,                 after the date of the publication of the
                                                    rate and pursuant to section 735(c)(5)(A)                          for consumption on or after the date                  preliminary determination if, in the
                                                    of the Act, we are using the weighted-                             which is 90 days before the publication               event of an affirmative preliminary
                                                    average dumping margin calculated for                              of this notice.                                       determination, a request for such
                                                    LG Chem as the estimated weighted-                                                                                       postponement is made by exporters who
                                                    average dumping margin assigned to all                             Disclosure                                            account for a significant proportion of
                                                    other producers and exporters of the                                 We intend to disclose the calculations              exports of the subject merchandise, or in
                                                    merchandise under consideration.                                   performed to interested parties in this               the event of a negative preliminary
                                                                                                                       proceeding within five days of the date               determination, a request for such
                                                    Preliminary Determination
                                                                                                                       of publication of this notice in                      postponement is made by the
                                                      The Department preliminarily                                                                                           petitioners. Section 351.210(e)(2) of the
                                                                                                                       accordance with 19 CFR 351.224(b).
                                                    determines that the following weighted-                                                                                  Department’s regulations requires that
                                                    average dumping margins exist:                                     Verification                                          requests by respondents for
                                                                                                                         As provided in section 782(i) of the                postponement of a final antidumping
                                                                                                         Weighted-                                                           determination be accompanied by a
                                                                                                          average      Act, we intend to verify information
                                                               Exporter/producer                          margins      relied upon in making our final                       request for extension of provisional
                                                                                                         (percent)     determination.                                        measures from a four-month period to a
                                                                                                                                                                             period not more than six months in
                                                    LG Chem, Ltd. ............................                11.63    Public Comment                                        duration.
                                                    Daewoo International Corpora-                                                                                               On January 10, 2017, pursuant to 19
                                                       tion ..........................................        44.30       Case briefs or other written comments
                                                                                                                       may be submitted to the Assistant                     CFR 351.210(e), LG Chem requested that
                                                    Kumho Petrochemical Co, Ltd ...                           44.30
                                                                                                                       Secretary for Enforcement and                         the Department postpone the final
                                                    All-Others ....................................           11.63
                                                                                                                       Compliance no later than seven days                   determination and that provisional
                                                                                                                       after the date on which the final                     measures be extended to a period not to
                                                    Suspension of Liquidation
                                                                                                                       verification report is issued in this                 exceed six months.8 In accordance with
                                                      In accordance with section 733(d)(2)                                                                                   section 735(a)(2)(A) of the Act and 19
                                                                                                                       proceeding, and rebuttal briefs, limited
                                                    of the Act, the Department will direct                                                                                   CFR 351.210(b)(2)(ii), because: (1) Our
                                                                                                                       to issues raised in case briefs, may be
                                                    U.S. Customs and Border Protection                                                                                       preliminary determination is
                                                                                                                       submitted no later than five days after
                                                    (CBP) to suspend liquidation of subject                                                                                  affirmative; (2) the requesting exporter
                                                                                                                       the deadline date for case briefs.7
                                                    merchandise as described in the scope                                                                                    accounts for a significant proportion of
                                                                                                                       Pursuant to 19 CFR 351.309(c)(2) and
                                                    of the investigation section entered, or                                                                                 exports of the subject merchandise; and
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                                                                                                                       (d)(2), parties who submit case briefs or
                                                    withdrawn from warehouse, for                                                                                            (3) no compelling reasons for denial
                                                                                                                       rebuttal briefs in this proceeding are
                                                    consumption on or after the date of                                                                                      exist, we are postponing the final
                                                                                                                       encouraged to submit with each
                                                    publication of this notice in the Federal                                                                                determination and extending the
                                                                                                                       argument: (1) A statement of the issue;
                                                    Register, as discussed below. Further,                                                                                   provisional measures from a four-month
                                                                                                                       (2) a brief summary of the argument;
                                                      6 See the Petitions for the Imposition of
                                                                                                                       and (3) a table of authorities.                         8 See Letter to the Secretary of Commerce from LG

                                                    Antidumping Duties on Emulsion Styrene                                                                                   Chem, entitled, ‘‘LG Chem’s Request for Extension
                                                    Butadiene Rubber from Brazil, the Republic of                         7 See 19 CFR 351.309; see also 19 CFR 351.303      of Final Determination and Provisional Measures,’’
                                                    Korea, Mexico, and Poland, dated July 21, 2016.                    (for general filing requirements).                    dated January 10, 2017.



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                                                    11538                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    period to a period not greater than six                 and customs purposes, the written                     FOR FURTHER INFORMATION CONTACT:
                                                    months. Accordingly, we will make our                   description of the scope of this investigation        Drew Jackson, AD/CVD Operations,
                                                    final determination no later than 135                   is dispositive.
                                                                                                                                                                  Office IV, Enforcement and Compliance,
                                                    days after the date of publication of this              Appendix II                                           International Trade Administration,
                                                    preliminary determination.                                                                                    U.S. Department of Commerce, 1401
                                                                                                            List of Topics Discussed in the Preliminary
                                                    International Trade Commission                          Decision Memorandum                                   Constitution Avenue NW., Washington,
                                                    Notification                                            I. Summary
                                                                                                                                                                  DC 20230; telephone: (202) 482–4406.
                                                      In accordance with section 733(f) of                  II. Background                                        SUPPLEMENTARY INFORMATION:
                                                    the Act, we are notifying the                           III. Period of Investigation
                                                                                                            IV. Scope Comments                                    Background
                                                    International Trade Commission (ITC) of
                                                                                                            V. Discussion of the Methodology
                                                    our preliminary affirmative                                A. Determination of the Comparison                    This preliminary determination is
                                                    determination. If our final                                   Method                                          made in accordance with section 733(b)
                                                    determination is affirmative, the ITC                      B. Results of the Differential Pricing             of the Tariff Act of 1930, as amended
                                                    will determine before the later of 120                        Analysis                                        (the Act). The Department published the
                                                    days after the date of this preliminary                 VI. Date of Sale
                                                                                                                                                                  notice of initiation of this investigation
                                                    determination or 45 days after our final                VII. Product Comparisons
                                                                                                            VIII. Export Price and Constructed Export             on August 19, 2016.1 The Department
                                                    determination whether these imports
                                                                                                                  Price                                           postponed the preliminary
                                                    are materially injuring, or threaten
                                                                                                            IX. Normal Value                                      determination of this investigation until
                                                    material injury to, the U.S. industry.
                                                                                                               A. Home Market Viability                           February 16, 2017.2 For a complete
                                                      This determination is issued and                      B. Level of Trade
                                                    published in accordance with sections                                                                         description of the events that followed
                                                                                                               C. Cost of Production (COP) Analysis               the initiation of this investigation, see
                                                    733(f) and 777(i)(1) of the Act and 19                     1. Calculation of COP
                                                    CFR 351.205(c).                                            2. Test of Comparison Market Sales Prices          the Preliminary Decision
                                                                                                               3. Results of the COP Test                         Memorandum.3 A list of topics included
                                                      Dated: February 16, 2017.
                                                                                                               D. Calculation of NV Based on Comparison           in the Preliminary Decision
                                                    Ronald K. Lorentzen,
                                                                                                                  Market Prices                                   Memorandum is included as Appendix
                                                    Acting Assistant Secretary for Enforcement              X. Application of Facts Available and Use of          II to this notice. The Preliminary
                                                    and Compliance.                                               Adverse Inference                               Decision Memorandum is a public
                                                    Appendix I                                                 A. Application of Facts Available                  document and is on file electronically
                                                                                                               B. Use of Adverse Inference
                                                    Scope of the Investigation                                 C. Selection and Corroboration of the AFA          via Enforcement and Compliance’s
                                                                                                                  Rate                                            Antidumping and Countervailing Duty
                                                       For purposes of this investigation, the
                                                    product covered is cold-polymerized                     XI. Preliminary Affirmative Determination of          Centralized Electronic Service System
                                                    emulsion styrene-butadiene rubber (ESB                        Critical Circumstances, In Part                 (ACCESS). ACCESS is available to
                                                    rubber). The scope of the investigation                    A. Legal Framework                                 registered users at https://
                                                    includes, but is not limited to, ESB rubber in             B. Critical Circumstances Analysis                 access.trade.gov, and to all parties in the
                                                    primary forms, bales, granules, crumbs,                    C. Analysis                                        Central Records Unit, room B8024 of the
                                                    pellets, powders, plates, sheets, strip, etc.           XII. Currency Conversion
                                                                                                            XIII. Conclusion                                      main Department of Commerce
                                                    ESB rubber consists of non-pigmented
                                                                                                                                                                  building. In addition, a complete
                                                    rubbers and oil-extended non-pigmented                  [FR Doc. 2017–03637 Filed 2–23–17; 8:45 am]
                                                    rubbers, both of which contain at least one                                                                   version of the Preliminary Decision
                                                                                                            BILLING CODE 3510–DS–P
                                                    percent of organic acids from the emulsion                                                                    Memorandum can be accessed directly
                                                    polymerization process.                                                                                       at http://enforcement.trade.gov/frn/.
                                                       ESB rubber is produced and sold in
                                                                                                            DEPARTMENT OF COMMERCE                                The signed Preliminary Decision
                                                    accordance with a generally accepted set of                                                                   Memorandum and the electronic
                                                    product specifications issued by the                                                                          version are identical in content.
                                                                                                            International Trade Administration
                                                    International Institute of Synthetic Rubber
                                                    Producers (IISRP). The scope of the                     [A–351–849]                                           Scope of the Investigation
                                                    investigation covers grades of ESB rubber
                                                    included in the IISRP 1500 and 1700 series              Emulsion Styrene-Butadiene Rubber                       The product covered by this
                                                    of synthetic rubbers. The 1500 grades are               From Brazil: Preliminary Affirmative                  investigation is ESB rubber from Brazil.
                                                    light in color and are often described as               Determination of Sales at Less Than                   For a complete description of the scope
                                                    ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades          Fair Value, Negative Determination of                 of this investigation, see Appendix I.
                                                    are oil-extended and thus darker in color,
                                                                                                            Critical Circumstances, Postponement
                                                    and are often called ‘‘Brown Rubber.’’
                                                       Specifically excluded from the scope of              of Final Determination, and Extension                   1 See Emulsion Styrene-Butadiene Rubber from

                                                    this investigation are products which are               of Provisional Measures                               Brazil, the Republic of Korea, Mexico and Poland:
                                                                                                                                                                  Initiation of Less Than Fair Value Investigations, 81
                                                    manufactured by blending ESB rubber with                AGENCY:   Enforcement and Compliance,                 FR 55438 (August 19, 2016) (Initiation Notice).
                                                    other polymers, high styrene resin master
                                                    batch, carbon black master batch (i.e., IISRP
                                                                                                            International Trade Administration,                     2 See Emulsion Styrene-Butadiene Rubber from

                                                                                                            Department of Commerce.                               Brazil, the Republic of Korea, Mexico, and Poland:
                                                    1600 series and 1800 series) and latex (an                                                                    Postponement of Preliminary Determination of
                                                    intermediate product).                                  SUMMARY: The Department of Commerce                   Sales at Less Than Fair Value Investigations, 81 FR
                                                       The products subject to this investigation           (the Department) preliminarily                        85208 (November 25, 2016).
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                                                    are currently classifiable under subheadings            determines that emulsion styrene-                       3 See Memorandum to Ronald K. Lorentzen,

                                                    4002.19.0015 and 4002.19.0019 of the                    butadiene rubber (ESB rubber) from                    Acting Assistant Secretary for Enforcement and
                                                    Harmonized Tariff Schedule of the United                                                                      Compliance, from Gary Taverman, Associate
                                                                                                            Brazil is being, or is likely to be, sold             Deputy Assistant Secretary for Antidumping and
                                                    States (HTSUS). ESB rubber is described by              in the United States at less than fair                Countervailing Duty Operations, entitled, ‘‘Decision
                                                    Chemical Abstract Services (CAS) Registry
                                                    No. 9003–55–8. This CAS number also refers
                                                                                                            value (LTFV). The period of                           Memorandum for the Preliminary Determination in
                                                                                                            investigation (POI) is July 1, 2015,                  the Less Than Fair Value Investigation of Emulsion
                                                    to other types of styrene butadiene rubber.                                                                   Styrene-Butadiene Rubber from Brazil,’’ dated
                                                    Although the HTSUS subheadings and CAS                  through June 30, 2016.                                concurrently with, and hereby adopted by, this
                                                    registry number are provided for convenience            DATES: Effective February 24, 2017.                   notice (Preliminary Decision Memorandum).



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Document Created: 2017-02-24 01:17:23
Document Modified: 2017-02-24 01:17:23
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.
ContactCarrie Bethea or Kabir Archuletta, 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) 482-1491 or (202) 482-2593, respectively.
FR Citation82 FR 11536 

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