82_FR_11574 82 FR 11538 - Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 11538 - Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Determination of Critical Circumstances, 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 Range11538-11540
FR Document2017-03631

The Department of Commerce (the Department) preliminarily determines that emulsion styrene-butadiene rubber (ESB rubber) from Brazil 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 11538-11540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849]


Emulsion Styrene-Butadiene Rubber From Brazil: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Negative 
Determination of Critical Circumstances, 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 
Brazil 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: Drew Jackson, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4406.

SUPPLEMENTARY INFORMATION: 

Background

    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 Brazil,'' 
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 
Brazil. For a complete description of the scope of this investigation, 
see Appendix I.

[[Page 11539]]

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.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, we 
preliminarily find that critical circumstances do not exist for 
mandatory respondent, Arlanxeo Brasil S.A. (Arlanxeo Brasil), or for 
exporters and producers not individually investigated (i.e., ``all 
others''). For a full description of the methodology and results of our 
critical circumstances analysis, 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, 
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 Arlanxeo 
Brasil 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 Arlanxeo 
Brasil 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)
------------------------------------------------------------------------
Arlanxeo Brasil S.A.........................................       34.44
All-Others..................................................       34.44
------------------------------------------------------------------------

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 
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 17, 2017, pursuant to 19 CFR 351.210(e), Arlanxeo Brasil 
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

[[Page 11540]]

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 Arlanxeo 
Brasil, entitled, ``Emulsion Styrene-Butadiene Rubber from Brazil: 
Arlanxeo's Request for Extension of Final Determination,'' dated 
January 17, 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 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. 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. Preliminary Negative Determination of Critical Circumstances
    A. Legal Framework
    B. Critical Circumstances Analysis
    C. Analysis
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2017-03631 Filed 2-23-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    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).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    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).



                                               VerDate Sep<11>2014   17:20 Feb 23, 2017   Jkt 241001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\24FEN1.SGM   24FEN1


                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                                   11539

                                                    Scope Comments                                          Arlanxeo Brasil as the estimated                           encouraged to submit with each
                                                       In accordance with the preamble to                   weighted-average dumping margin                            argument: (1) A statement of the issue;
                                                    the Department’s regulations,4 the                      assigned to all other producers and                        (2) a brief summary of the argument;
                                                    Initiation Notice set aside a period of                 exporters of the merchandise under                         and (3) a table of authorities.
                                                    time for parties to raise issues regarding              consideration.                                                Pursuant to 19 CFR 351.310(c),
                                                    product coverage (i.e., scope).5 No                                                                                interested parties who wish to request a
                                                                                                            Preliminary Determination                                  hearing, limited to issues raised in the
                                                    interested party commented on the
                                                    scope of the investigation as it appeared                  The Department preliminarily                            case and rebuttal briefs, must submit a
                                                    in the Initiation Notice. The Department                determines that the following weighted- written request to the Assistant
                                                    is not preliminarily modifying the scope                average dumping margins exist:                             Secretary for Enforcement and
                                                    language as it appeared in the Initiation                                                                          Compliance, U.S. Department of
                                                                                                                                                            Weighted- Commerce, within 30 days after the date
                                                    Notice.                                                                                                  average   of publication of this notice. Requests
                                                                                                                    Exporter/producer                       dumping
                                                    Methodology                                                                                              margins   should contain the party’s name,
                                                      The Department is conducting this                                                                     (percent)  address, and telephone number, the
                                                    investigation in accordance with section                                                                           number of participants, whether any
                                                    731 of the Act. Constructed export                      Arlanxeo Brasil S.A. ...................             34.44 participant is a foreign national, and a
                                                                                                            All-Others ....................................      34.44 list of the issues to be discussed. If a
                                                    prices have been calculated in
                                                    accordance with section 772(b) of the                                                                              request for a hearing is made, the
                                                    Act. Normal value (NV) is calculated in                 Suspension of Liquidation                                  Department intends to hold the hearing
                                                    accordance with section 773 of the Act.                    In accordance with section 733(d)(2)                    at the U.S. Department of Commerce,
                                                    For a full description of the                           of the Act, the Department will direct                     1401 Constitution Avenue NW.,
                                                    methodology underlying our                              U.S. Customs and Border Protection                         Washington, DC 20230, at a time and
                                                    preliminary conclusions, see the                        (CBP) to suspend liquidation of subject                    date to be determined. Parties should
                                                    Preliminary Decision Memorandum.                        merchandise as described in the scope                      confirm by telephone the date, time, and
                                                                                                            of the investigation section entered, or                   location of the hearing two days before
                                                    Preliminary Negative Determination of                   withdrawn from warehouse, for                              the scheduled date.
                                                    Critical Circumstances                                  consumption on or after the date of                        Postponement of Final Determination
                                                      In accordance with section 733(e) of                  publication of this notice in the Federal and Extension of Provisional Measures
                                                    the Act and 19 CFR 351.206, we                          Register, as discussed below. Further,
                                                    preliminarily find that critical                                                                                      Section 735(a)(2) of the Act provides
                                                                                                            pursuant to section 733(d)(1)(B) of the
                                                    circumstances do not exist for                                                                                     that a final determination may be
                                                                                                            Act and 19 CFR 351.205(d), the
                                                    mandatory respondent, Arlanxeo Brasil                                                                              postponed until not later than 135 days
                                                                                                            Department will instruct CBP to require
                                                    S.A. (Arlanxeo Brasil), or for exporters                                                                           after the date of the publication of the
                                                                                                            a cash deposit equal to the weighted-
                                                    and producers not individually                                                                                     preliminary determination if, in the
                                                                                                            average amount by which normal value
                                                    investigated (i.e., ‘‘all others’’). For a full                                                                    event of an affirmative preliminary
                                                                                                            exceeds U.S. price. These suspension of
                                                    description of the methodology and                                                                                 determination, a request for such
                                                                                                            liquidation instructions will remain in
                                                    results of our critical circumstances                                                                              postponement is made by exporters who
                                                                                                            effect until further notice.
                                                    analysis, see the Preliminary Decision                                                                             account for a significant proportion of
                                                                                                            Disclosure                                                 exports of the subject merchandise, or in
                                                    Memorandum.
                                                                                                               We intend to disclose the calculations the event of a negative preliminary
                                                    All-Others Rate                                         performed to interested parties in this                    determination, a request for such
                                                      Sections 733(d)(1)(A)(ii) and                         proceeding within five days of the date                    postponement is made by Petitioners.
                                                    735(c)(5)(A) of the Act provide that in                 of publication of this notice in                           Section 351.210(e)(2) of the
                                                    the preliminary determination the                       accordance with 19 CFR 351.224(b).                         Department’s regulations requires that
                                                    Department shall determine an                                                                                      requests by respondents for
                                                    estimated all-others rate for all exporters             Verification                                               postponement of a final antidumping
                                                    and producers not individually                             As provided in section 782(i) of the                    determination be accompanied by a
                                                    investigated, which shall be an amount                  Act, we intend to verify information                       request for extension of provisional
                                                    equal to the weighted average of the                    relied upon in making our final                            measures from a four-month period to a
                                                    estimated weighted-average dumping                      determination.                                             period not more than six months in
                                                    margins established for exporters and                                                                              duration.
                                                                                                            Public Comment                                                On January 17, 2017, pursuant to 19
                                                    producers individually investigated,
                                                    excluding any zero and de minimis                          Case briefs or other written comments CFR 351.210(e), Arlanxeo Brasil
                                                                                                            may be submitted to the Assistant                          requested that the Department postpone
                                                    margins, and any margins determined
                                                                                                            Secretary for Enforcement and                              the final determination and that
                                                    entirely under section 776 of the Act.
                                                      The Department calculated a                           Compliance no later than seven days                        provisional measures be extended to a
                                                    company-specific rate for Arlanxeo                      after the date on which the final                          period not to exceed six months.7 In
                                                    Brasil that is not zero, de minimis or                  verification report is issued in this                      accordance with section 735(a)(2)(A) of
                                                    determined entirely under section 776                   proceeding, and rebuttal briefs, limited                   the Act and 19 CFR 351.210(b)(2)(ii),
                                                                                                                                                                       because: (1) Our preliminary
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of the Act. Therefore, for purposes of                  to issues raised in case briefs, may be
                                                                                                            submitted no later than five days after                    determination is affirmative; (2) the
                                                    determining the ‘‘all-others’’ rate and
                                                                                                            the deadline date for case briefs.               6         requesting exporter accounts for a
                                                    pursuant to section 735(c)(5)(A) of the
                                                                                                            Pursuant to 19 CFR 351.309(c)(2) and                       significant proportion of exports of the
                                                    Act, we are using the weighted-average
                                                    dumping margin calculated for                           (d)(2), parties who submit case briefs or                    7 See Letter to the Secretary of Commerce from
                                                                                                            rebuttal briefs in this proceeding are                     Arlanxeo Brasil, entitled, ‘‘Emulsion Styrene-
                                                      4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                                  Butadiene Rubber from Brazil: Arlanxeo’s Request
                                                    62 FR 27296, 27323 (May 19, 1997).                        6 See 19 CFR 351.309; see also 19 CFR 351.303       for Extension of Final Determination,’’ dated
                                                      5 See Initiation Notice.                              (for general filing requirements).                    January 17, 2017.



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                                                    11540                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    subject merchandise; and (3) no                         Harmonized Tariff Schedule of the United              commercial information available,
                                                    compelling reasons for denial exist, we                 States (HTSUS). ESB rubber is described by            including the status review report, and
                                                    are postponing the final determination                  Chemical Abstract Services (‘‘CAS’’) Registry         taking into account ongoing efforts to
                                                                                                            No. 9003–55–8. This CAS number also refers            protect this species, we have
                                                    and extending the provisional measures
                                                                                                            to other types of styrene butadiene rubber.
                                                    from a four-month period to a period                    Although the HTSUS subheadings and CAS
                                                                                                                                                                  determined that the listing of a
                                                    not greater than six months.                            registry number are provided for convenience          Northwest Atlantic (NWA) distinct
                                                    Accordingly, we will make our final                     and customs purposes, the written                     population segment (DPS) or a U.S. DPS
                                                    determination no later than 135 days                    description of the scope of this investigation        is not warranted at this time. While the
                                                    after the date of publication of this                   is dispositive.                                       petition only sought the listing of one of
                                                    preliminary determination.                                                                                    two alternative DPSs, we exercised our
                                                                                                            Appendix II                                           discretion to consider whether the
                                                    International Trade Commission                          List of Topics Discussed in the Preliminary           listing of the species at the taxonomic
                                                    Notification                                            Decision Memorandum                                   level is warranted. We conclude that
                                                       In accordance with section 733(f) of                 I. Summary                                            thorny skate is not currently in danger
                                                    the Act, we are notifying the                           II. Background                                        of extinction throughout all or a
                                                    International Trade Commission (ITC) of                 III. Period of Investigation                          significant portion of its range or likely
                                                    our preliminary determination. If our                   IV. Scope Comments                                    to become so in the foreseeable future.
                                                    final determination is affirmative, the                 V. Discussion of the Methodology                      DATES: This finding was made on
                                                    ITC will determine before the later of                     A. Determination of the Comparison
                                                                                                                  Method
                                                                                                                                                                  February 24, 2017.
                                                    120 days after the date of this                                                                               ADDRESSES: The status review document
                                                                                                               B. Results of the Differential Pricing
                                                    preliminary determination or 45 days                          Analysis                                        for thorny skate is available
                                                    after our final determination whether                   VI. Date of Sale                                      electronically at: www.nmfs.noaa.gov/
                                                    these imports are materially injuring, or               VII. Product Comparisons                              pr/species/notwarranted.htm. You may
                                                    threaten material injury to, the U.S.                   VIII. Constructed Export Price                        also obtain a copy by submitting a
                                                    industry.                                               IX. Normal Value                                      request to the Protected Resources
                                                       This determination is issued and                        A. Home Market Viability                           Division, NMFS GARFO, 55 Great
                                                    published in accordance with sections                      B. Level of Trade
                                                                                                                                                                  Republic Drive, Gloucester, MA 01930,
                                                    733(f) and 777(i)(1) of the Act and 19                     C. Cost of Production (COP) Analysis
                                                                                                               1. Calculation of COP                              Attention: Thorny Skate 12-month
                                                    CFR 351.205(c).                                                                                               Finding.
                                                                                                               2. Test of Comparison Market Sales Prices
                                                      Dated: February 16, 2017.                                3. Results of the COP Test                         FOR FURTHER INFORMATION CONTACT: Kim
                                                    Ronald K. Lorentzen,                                       D. Calculation of NV Based on                      Damon-Randall, NMFS Greater Atlantic
                                                    Acting Assistant Secretary for Enforcement                    Comparison-Market Prices                        Regional Fisheries Office, 978–282–
                                                    and Compliance.                                         X. Preliminary Negative Determination of
                                                                                                                  Critical Circumstances
                                                                                                                                                                  8485; or Marta Nammack, NMFS Office
                                                    Appendix I                                                 A. Legal Framework                                 of Protected Resources, 301–427–8469.
                                                                                                               B. Critical Circumstances Analysis                 SUPPLEMENTARY INFORMATION:
                                                                                                               C. Analysis
                                                    Scope of the Investigation                              XI. Currency Conversion
                                                                                                                                                                  Background
                                                       For purposes of this investigation, the              XII. Conclusion                                          We received a petition, dated May 28,
                                                    product covered is cold-polymerized                     [FR Doc. 2017–03631 Filed 2–23–17; 8:45 am]           2015, from Animal Welfare Institute
                                                    emulsion styrene-butadiene rubber (ESB                  BILLING CODE 3510–DS–P
                                                                                                                                                                  (AWI) and Defenders of Wildlife (DW)
                                                    rubber). The scope of the investigation                                                                       requesting that we list a ‘‘Northwest
                                                    includes, but is not limited to, ESB rubber in                                                                Atlantic DPS’’ of thorny skate as
                                                    primary forms, bales, granules, crumbs,                                                                       threatened or endangered under the
                                                                                                            DEPARTMENT OF COMMERCE
                                                    pellets, powders, plates, sheets, strip, etc.                                                                 ESA, or, as an alternative, a ‘‘U.S. DPS’’
                                                    ESB rubber consists of non-pigmented
                                                                                                            National Oceanic and Atmospheric                      as threatened or endangered. The
                                                    rubbers and oil-extended non-pigmented
                                                    rubbers, both of which contain at least one             Administration                                        petition also requests we designate
                                                    percent of organic acids from the emulsion              [Docket No. 150901797–7177–02]                        critical habitat for thorny skate. In
                                                    polymerization process.                                                                                       response to this petition, we published
                                                       ESB rubber is produced and sold in                   RIN 0648–XE163                                        a ‘‘positive’’ 90-finding on October 26,
                                                    accordance with a generally accepted set of                                                                   2015 (80 FR 65175), in which we
                                                    product specifications issued by the                    Endangered and Threatened Wildlife                    concluded that the petition presented
                                                    International Institute of Synthetic Rubber             and Plants; Notice of 12-Month Finding                substantial scientific and commercial
                                                    Producers (IISRP). The scope of the                     on a Petition To List Thorny Skate as                 information indicating that listing under
                                                    investigation covers grades of ESB rubber               Threatened or Endangered Under the
                                                    included in the IISRP 1500 and 1700 series
                                                                                                                                                                  the ESA may be warranted, and a review
                                                                                                            Endangered Species Act (ESA)                          of the status of the species was initiated.
                                                    of synthetic rubbers. The 1500 grades are
                                                    light in color and are often described as               AGENCY:  National Marine Fisheries                       We then performed a detailed review
                                                    ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades          Service (NMFS), National Oceanic and                  and determined that the best available
                                                    are oil-extended and thus darker in color,              Atmospheric Administration (NOAA),                    scientific and commercial information
                                                    and are often called ‘‘Brown Rubber.’’                  Commerce.                                             does not support a listing. The resulting
                                                       Specifically excluded from the scope of                                                                    status review report included an in-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            ACTION: Notice; 12-month finding and
                                                    this investigation are products which are                                                                     depth review of the available scientific
                                                    manufactured by blending ESB rubber with                availability of status review document.
                                                                                                                                                                  literature, an analysis of the five ESA
                                                    other polymers, high styrene resin master
                                                                                                            SUMMARY:  We, NMFS, have completed a                  section 4(a)(1) factors (16 U.S.C.
                                                    batch, carbon black master batch (i.e., IISRP
                                                    1600 series and 1800 series) and latex (an              comprehensive status review under the                 1533(a)(1)(A)–(E)), and an assessment of
                                                    intermediate product).                                  Endangered Species Act (ESA) for                      extinction risk. The status review report
                                                       The products subject to this investigation           thorny skate (Amblyraja radiata) in                   was independently peer reviewed by
                                                    are currently classifiable under subheadings            response to a petition to list this species.          external experts. This listing
                                                    4002.19.0015 and 4002.19.0019 of the                    Based on the best scientific and                      determination is based on the status


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Document Created: 2017-02-24 01:17:44
Document Modified: 2017-02-24 01:17:44
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.
ContactDrew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4406.
FR Citation82 FR 11538 

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