82_FR_33182 82 FR 33045 - Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part

82 FR 33045 - Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33045-33047
FR Document2017-14950

The Department of Commerce (the Department) 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).

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33045-33047]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14950]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-890]


Emulsion Styrene-Butadiene Rubber From the Republic of Korea: 
Final Affirmative Determination of Sales at Less Than Fair Value, and 
Final Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) 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).

DATES: July 19, 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

    On February 24, 2017, the Department of Commerce published the 
Preliminary Determination of this antidumping duty investigation, as 
provided by section 735 of the Tariff Act of 1930, as amended (Act), in 
which the Department found that ESB rubber from Korea was sold at 
LTFV.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by interested parties for this final 
determination, may be found in the Issues and Decision Memorandum.\2\ 
The Issues and Decision 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 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

    \1\ See 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 (February 24, 2017) and 
accompanying Preliminary Decision Memorandum (Preliminary Decision 
Memorandum) (collectively, Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Less-Than-Fair-Value Investigation of 
Emulsion Styrene-Butadiene Rubber from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and 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

    No interested party commented on the scope of the investigation as 
it appeared in the Initiation Notice.\3\ Therefore, the scope of this 
investigation remains unchanged for this final determination.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in April and June 2017, 
the Department conducted verification of the information reported by a 
mandatory respondent, LG Chem, Ltd. (LG Chem), and its U.S. affiliate, 
LG Chem America, Ltd., for use in the Department's final determination. 
The Department used standard verification procedures, including an 
examination of relevant accounting and production records and original 
source documents provided by the respondent.\4\
---------------------------------------------------------------------------

    \4\ Memorandum, ``Verification of the Cost Response of LG Chem, 
Ltd. in the Antidumping Duty Investigation of Emulsion Styrene-
Butadiene Rubber from the Republic of South Korea,'' dated April 13, 
2017; Memorandum, ``Verification of U.S. Sales of LG Chem America, 
Inc., in the Antidumping Duty Investigation of Emulsion Styrene-
Butadiene Rubber from the Republic of Korea,'' dated May 3, 2017; 
Memorandum, ``Verification of LG Chem, Ltd., in the Antidumping Duty 
Investigation of Emulsion-Styrene Butadiene Rubber from the Republic 
of Korea,'' dated June 14, 2017.
---------------------------------------------------------------------------

    Because Daewoo International Corporation (Daewoo) and Kumho 
Petrochemical Co, Ltd (Kumho), mandatory respondents in this 
investigation, did not provide information requested by the Department, 
and the Department preliminarily determined Daewoo and Kumho to have 
been uncooperative, the Department did not verify their books and 
records and facilities.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of these issues is attached to this 
notice as Appendix II. Based on our analysis of the comments received 
and our findings at verification, we made certain changes to the margin 
calculation for LG Chem, and also the all-others rate.

Use of Adverse Facts Available

    The Department found in the Preliminary Determination that it was 
appropriate to apply facts available with adverse inferences to Daewoo 
and Kumho. No interested parties commented on the preliminary 
application of adverse facts-available dumping margins to Daewoo and 
Kumho. For the final determination, the Department has not altered its 
analysis or decision to apply adverse facts-available to Daewoo and 
Kumho. For a full discussion of the Department's adverse facts 
available determination, see the Preliminary Determination.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that in the final 
determination the Department shall determine an estimated all-others 
rate for all exporters

[[Page 33046]]

and producers not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely under section 776 of the Act.
    For the final determination, the Department assigned a rate based 
entirely on facts available to Daewoo and Kumho. Therefore, the only 
rate that is not zero, de minimis or based entirely on facts otherwise 
available is the rate calculated for LG Chem. Consequently, the rate 
calculated for LG Chem is also assigned as the rate for all-other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Daewoo International Corporation........................        ** 44.30
Kumho Petrochemical Co, Ltd.............................        ** 44.30
LG Chem, Ltd............................................            9.66
All-Others..............................................            9.66
------------------------------------------------------------------------
** (AFA).

Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 733(e) of the Act, the Department 
preliminarily found critical circumstances exist with respect to Daewoo 
and Kumho and do not exist with respect to LG Chem and the non-
individually examined companies receiving the ``All-Others'' rate in 
this investigation. The Department did not receive comments concerning 
the preliminary affirmative determination of critical circumstances. 
For the final determination, the Department continues to find that, in 
accordance with 735(a)(3) of the Act, critical circumstances exist for 
Daewoo and Kumho. A discussion of the determination can be found in the 
``Critical Circumstances'' section of the Issues and Decision 
Memarandum.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of ESB rubber from Korea 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after, February 24, 
2017, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. Further, pursuant to section 
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), the Department will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the respondent-specific estimated weighted-average dumping 
margins determined in this final determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the respondent-specific estimated 
weighted-average dumping margin established for that producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Because of the Department's affirmative determination of critical 
circumstances for Daewoo and Kumho, in accordance with section 
735(a)(3) and (c)(4)(A) of the Act, suspension of liquidation of ESB 
rubber from Korea, shall continue to apply, for Daewoo and Kumho, to 
unliquidated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the publication of the Preliminary Determination.

Disclosure

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

International Trade Commission Notification

    In accordance with section 735(d) of the Act, the Department will 
notify the International Trade Commission (ITC) of its final 
determination. Because the final determination in this proceeding is 
affirmative, in accordance with section 735(b)(2) of the Act, the ITC 
will make its final determination as to whether the domestic industry 
in the United States is materially injured, or threatened with material 
injury, by reason of imports of ESB rubber from Korea no later than 45 
days after the Department's final determination. If the ITC determines 
that material injury or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess, upon further instruction by the Department, antidumping 
duties on appropriate imports of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: July 10, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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

[[Page 33047]]

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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
    Comment 1: CEP Offset
    Comment 2: Cost Adjustments Based on Transactions Disregarded 
Rule
    Comment 3: Cost Adjustments Based on Verification Findings
    Comment 4: Sales Expense Adjustments Based on Verification 
Findings
    Comment 5: Duty Drawback Adjustment
VII. Recommendation
[FR Doc. 2017-14950 Filed 7-18-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                                      33045

                                                    classification, while non-interstate                     SUPPLEMENTARY INFORMATION:                              the information reported by a
                                                    limited-access highways are classified                                                                           mandatory respondent, LG Chem, Ltd.
                                                                                                             Background
                                                    as S1200. This change will make all                                                                              (LG Chem), and its U.S. affiliate, LG
                                                    limited-access highways S1100. The                          On February 24, 2017, the Department                 Chem America, Ltd., for use in the
                                                    final description of the Primary Roads                   of Commerce published the Preliminary                   Department’s final determination. The
                                                    (S1100) classification is:                               Determination of this antidumping duty                  Department used standard verification
                                                                                                             investigation, as provided by section                   procedures, including an examination of
                                                      Primary roads are limited-access highways
                                                    that connect to other roads only at
                                                                                                             735 of the Tariff Act of 1930, as                       relevant accounting and production
                                                    interchanges and not at at-grade                         amended (Act), in which the                             records and original source documents
                                                    intersections. This category includes                    Department found that ESB rubber from                   provided by the respondent.4
                                                    interstate highways, as well as all other                Korea was sold at LTFV.1 A summary of                     Because Daewoo International
                                                    highways with limited access (some of which              the events that occurred since the                      Corporation (Daewoo) and Kumho
                                                    are toll roads). Limited-access highways with            Department published the Preliminary                    Petrochemical Co, Ltd (Kumho),
                                                    only one lane in each direction, as well as              Determination, as well as a full
                                                    those that are undivided, are also included
                                                                                                                                                                     mandatory respondents in this
                                                                                                             discussion of the issues raised by                      investigation, did not provide
                                                    under S1100.                                             interested parties for this final                       information requested by the
                                                      The final description makes clear that                 determination, may be found in the                      Department, and the Department
                                                    secondary roads are not limited-access                   Issues and Decision Memorandum.2 The                    preliminarily determined Daewoo and
                                                    highways. The final description of                       Issues and Decision Decision                            Kumho to have been uncooperative, the
                                                    Secondary Roads (S1200) is:                              Memorandum is a public document and                     Department did not verify their books
                                                      Secondary roads are main arteries that are             is on file electronically via Enforcement               and records and facilities.
                                                    not limited access, usually in the U.S.                  and Compliance’s Antidumping and
                                                    highway, state highway, or county highway                Countervailing Duty Centralized                         Analysis of Comments Received
                                                    systems. These roads have one or more lanes              Electronic Service System (ACCESS).                        All issues raised in the case and
                                                    of traffic in each direction, may or may not             ACCESS is available to registered users                 rebuttal briefs that were submitted by
                                                    be divided, and usually have at-grade                    at https://access.trade.gov, and to all
                                                    intersections with many other roads and                                                                          parties in this investigation are
                                                                                                             parties in the Central Records Unit,                    addressed in the Issues and Decision
                                                    driveways. They often have both a local
                                                    name and a route number.                                 Room B8024 of the main Department of                    Memorandum. A list of these issues is
                                                                                                             Commerce building. In addition, a                       attached to this notice as Appendix II.
                                                      Dated: July 13, 2017.                                  complete version of the Issues and                      Based on our analysis of the comments
                                                    Ron S. Jarmin,                                           Decision Memorandum can be accessed                     received and our findings at
                                                    Performing the Non-Exclusive Functions and               directly at http://enforcement.trade.gov/               verification, we made certain changes to
                                                    Duties of the Director, Bureau of the Census.            frn/.                                                   the margin calculation for LG Chem,
                                                    [FR Doc. 2017–15125 Filed 7–18–17; 8:45 am]                                                                      and also the all-others rate.
                                                                                                             Scope of the Investigation
                                                    BILLING CODE 3510–07–P
                                                                                                               The product covered by this                           Use of Adverse Facts Available
                                                                                                             investigation is ESB rubber from Korea.                   The Department found in the
                                                    DEPARTMENT OF COMMERCE                                   For a complete description of the scope                 Preliminary Determination that it was
                                                                                                             of this investigation, see Appendix I.                  appropriate to apply facts available with
                                                    International Trade Administration
                                                                                                             Scope Comments                                          adverse inferences to Daewoo and
                                                    [A–580–890]
                                                                                                               No interested party commented on the                  Kumho. No interested parties
                                                                                                             scope of the investigation as it appeared               commented on the preliminary
                                                    Emulsion Styrene-Butadiene Rubber                                                                                application of adverse facts-available
                                                    From the Republic of Korea: Final                        in the Initiation Notice.3 Therefore, the
                                                                                                                                                                     dumping margins to Daewoo and
                                                    Affirmative Determination of Sales at                    scope of this investigation remains
                                                                                                                                                                     Kumho. For the final determination, the
                                                    Less Than Fair Value, and Final                          unchanged for this final determination.
                                                                                                                                                                     Department has not altered its analysis
                                                    Affirmative Determination of Critical                    Verification                                            or decision to apply adverse facts-
                                                    Circumstances, in Part                                                                                           available to Daewoo and Kumho. For a
                                                                                                               As provided in section 782(i) of the
                                                    AGENCY:  Enforcement and Compliance,                     Act, in April and June 2017, the                        full discussion of the Department’s
                                                    International Trade Administration,                      Department conducted verification of                    adverse facts available determination,
                                                    Department of Commerce.                                                                                          see the Preliminary Determination.
                                                    SUMMARY: The Department of Commerce                        1 See Emulsion Styrene-Butadiene Rubber from
                                                                                                                                                                     All-Others Rate
                                                    (the Department) determines that                         the Republic of Korea: Preliminary Affirmative
                                                    emulsion styrene-butadiene rubber (ESB                   Determination of Sales at Less Than Fair Value,           Section 735(c)(5)(A) of the Act
                                                                                                             Affirmative Determination of Critical                   provides that in the final determination
                                                    rubber) from the Republic of Korea                       Circumstances, in Part, Postponement of Final
                                                    (Korea) is being, or is likely to be, sold               Determination, and Extension of Provisional             the Department shall determine an
                                                    in the United States at less than fair                   Measures, 82 FR 11536 (February 24, 2017) and           estimated all-others rate for all exporters
                                                                                                             accompanying Preliminary Decision Memorandum
                                                    value (LTFV).                                            (Preliminary Decision Memorandum) (collectively,           4 Memorandum, ‘‘Verification of the Cost
                                                    DATES: July 19, 2017.                                    Preliminary Determination).                             Response of LG Chem, Ltd. in the Antidumping
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    FOR FURTHER INFORMATION CONTACT:                           2 See Memorandum, ‘‘Issues and Decision
                                                                                                                                                                     Duty Investigation of Emulsion Styrene-Butadiene
                                                    Carrie Bethea or Kabir Archuletta, AD/                   Memorandum for the Final Determination in the           Rubber from the Republic of South Korea,’’ dated
                                                                                                             Less-Than-Fair-Value Investigation of Emulsion          April 13, 2017; Memorandum, ‘‘Verification of U.S.
                                                    CVD Operations, Office V, Enforcement                    Styrene-Butadiene Rubber from the Republic of           Sales of LG Chem America, Inc., in the
                                                    and Compliance, International Trade                      Korea,’’ dated concurrently with, and hereby            Antidumping Duty Investigation of Emulsion
                                                    Administration, U.S. Department of                       adopted by, this notice (Issues and Decision            Styrene-Butadiene Rubber from the Republic of
                                                    Commerce, 1401 Constitution Avenue                       Memorandum).                                            Korea,’’ dated May 3, 2017; Memorandum,
                                                                                                               3 See Emulsion Styrene-Butadiene Rubber from          ‘‘Verification of LG Chem, Ltd., in the Antidumping
                                                    NW., Washington, DC 20230; telephone:                    Brazil, the Republic of Korea, Mexico and Poland:       Duty Investigation of Emulsion-Styrene Butadiene
                                                    (202) 482–1491 or (202) 482–2593,                        Initiation of Less Than Fair Value Investigations, 81   Rubber from the Republic of Korea,’’ dated June 14,
                                                    respectively.                                            FR 55438 (August 19, 2016) (Initiation Notice).         2017.



                                               VerDate Sep<11>2014   18:49 Jul 18, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM   19JYN1


                                                    33046                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    and producers not individually                             ESB rubber from Korea as described in               that material injury or threat of material
                                                    examined. This rate shall be an amount                     Appendix I of this notice, which were               injury does not exist, the proceeding
                                                    equal to the weighted average of the                       entered, or withdrawn from warehouse,               will be terminated and all securities
                                                    estimated weighted-average dumping                         for consumption on or after, February               posted will be refunded or canceled. If
                                                    margins established for exporters and                      24, 2017, the date of publication of the            the ITC determines that such injury
                                                    producers individually investigated,                       Preliminary Determination of this                   does exist, the Department will issue an
                                                    excluding any zero and de minimis                          investigation in the Federal Register.              antidumping duty order directing CBP
                                                    margins, and any margins determined                        Further, pursuant to section                        to assess, upon further instruction by
                                                    entirely under section 776 of the Act.                     735(c)(1)(B)(ii) of the Act and 19 CFR              the Department, antidumping duties on
                                                      For the final determination, the                         351.210(d), the Department will instruct            appropriate imports of the subject
                                                    Department assigned a rate based                           CBP to require a cash deposit equal to              merchandise entered, or withdrawn
                                                    entirely on facts available to Daewoo                      the estimated weighted-average                      from warehouse, for consumption on or
                                                    and Kumho. Therefore, the only rate                        dumping margin or the estimated all-                after the date of the suspension of
                                                    that is not zero, de minimis or based                      others rate, as follows: (1) The cash               liquidation.
                                                    entirely on facts otherwise available is                   deposit rate for the respondents listed
                                                                                                               above will be equal to the respondent-              Notification Regarding Administrative
                                                    the rate calculated for LG Chem.
                                                                                                               specific estimated weighted-average                 Protective Orders
                                                    Consequently, the rate calculated for LG
                                                    Chem is also assigned as the rate for all-                 dumping margins determined in this                     This notice serves as a reminder to
                                                    other producers and exporters, pursuant                    final determination; (2) if the exporter is         parties subject to an administrative
                                                    to section 735(c)(5)(A) of the Act.                        not a respondent identified above, but              protective order (APO) of their
                                                                                                               the producer is, then the cash deposit              responsibility concerning the
                                                    Final Determination                                        rate will be equal to the respondent-               disposition of proprietary information
                                                       The Department determines that the                      specific estimated weighted-average                 disclosed under APO in accordance
                                                    following estimated weighted-average                       dumping margin established for that                 with 19 CFR 351.305(a)(3). Timely
                                                    dumping margins exist:                                     producer of the subject merchandise;                notification of the return or destruction
                                                                                                               and (3) the cash deposit rate for all other         of APO materials, or conversion to
                                                                                                 Estimated     producers and exporters will be equal to            judicial protective order, is hereby
                                                                                                 weighted-     the all-others estimated weighted-                  requested. Failure to comply with the
                                                                                                  average
                                                           Exporter/producer                     dumping       average dumping margin.                             regulations and the terms of an APO is
                                                                                                  margin          Because of the Department’s                      a violation subject to sanction.
                                                                                                 (percent)     affirmative determination of critical                  This determination and this notice are
                                                                                                               circumstances for Daewoo and Kumho,                 issued and published pursuant to
                                                    Daewoo International Cor-                                  in accordance with section 735(a)(3) and            sections 735(d) and 777(i)(1) of the Act
                                                       poration .............................         ** 44.30 (c)(4)(A) of the Act, suspension of                 and 19 CFR 351.210(c).
                                                    Kumho Petrochemical Co,                                    liquidation of ESB rubber from Korea,
                                                       Ltd .....................................      ** 44.30                                                       Dated: July 10, 2017.
                                                    LG Chem, Ltd .......................                  9.66
                                                                                                               shall continue to apply, for Daewoo and
                                                                                                                                                                   Gary Taverman
                                                    All-Others ..............................             9.66 Kumho, to unliquidated entries of                   Deputy Assistant Secretary for Antidumping
                                                                                                               merchandise entered, or withdrawn
                                                      ** (AFA).                                                                                                    and Countervailing Duty Operations,
                                                                                                               from warehouse, for consumption on or               performing the non-exclusive functions and
                                                    Final Affirmative Determination of                         after the date which is 90 days before              duties of the Assistant Secretary for
                                                    Critical Circumstances, in Part                            the publication of the Preliminary                  Enforcement and Compliance.
                                                                                                               Determination.
                                                       In accordance with section 733(e) of                                                                        Appendix I
                                                    the Act, the Department preliminarily                      Disclosure
                                                                                                                                                                   Scope of the Investigation
                                                    found critical circumstances exist with                       The Department intends to disclose to
                                                                                                                                                                      For purposes of this investigation, the
                                                    respect to Daewoo and Kumho and do                         interested parties its calculations and             product covered is cold-polymerized
                                                    not exist with respect to LG Chem and                      analysis performed in this final                    emulsion styrene-butadiene rubber (ESB
                                                    the non-individually examined                              determination within five days of any               rubber). The scope of the investigation
                                                    companies receiving the ‘‘All-Others’’                     public announcement or, if there is no              includes, but is not limited to, ESB rubber in
                                                    rate in this investigation. The                            public announcement, within five days               primary forms, bales, granules, crumbs,
                                                    Department did not receive comments                        of the date of publication of this notice           pellets, powders, plates, sheets, strip, etc.
                                                    concerning the preliminary affirmative                     in accordance with 19 CFR 351.224(b).               ESB rubber consists of non-pigmented
                                                    determination of critical circumstances.                                                                       rubbers and oil-extended non-pigmented
                                                    For the final determination, the                           International Trade Commission                      rubbers, both of which contain at least one
                                                                                                               Notification                                        percent of organic acids from the emulsion
                                                    Department continues to find that, in                                                                          polymerization process.
                                                    accordance with 735(a)(3) of the Act,                         In accordance with section 735(d) of                ESB rubber is produced and sold in
                                                    critical circumstances exist for Daewoo                    the Act, the Department will notify the             accordance with a generally accepted set of
                                                    and Kumho. A discussion of the                             International Trade Commission (ITC) of             product specifications issued by the
                                                    determination can be found in the                          its final determination. Because the final          International Institute of Synthetic Rubber
                                                    ‘‘Critical Circumstances’’ section of the                  determination in this proceeding is                 Producers (IISRP). The scope of the
                                                                                                                                                                   investigation covers grades of ESB rubber
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Issues and Decision Memarandum.                            affirmative, in accordance with section
                                                                                                               735(b)(2) of the Act, the ITC will make             included in the IISRP 1500 and 1700 series
                                                    Continuation of Suspension of                              its final determination as to whether the           of synthetic rubbers. The 1500 grades are
                                                    Liquidation                                                domestic industry in the United States              light in color and are often described as
                                                                                                                                                                   ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
                                                       In accordance with section                              is materially injured, or threatened with           are oil-extended and thus darker in color,
                                                    735(c)(1)(B) of the Act, the Department                    material injury, by reason of imports of            and are often called ‘‘Brown Rubber.’’
                                                    will instruct U.S. Customs and Border                      ESB rubber from Korea no later than 45                 Specifically excluded from the scope of
                                                    Protection (CBP) to continue to suspend days after the Department’s final                                      this investigation are products which are
                                                    liquidation of all appropriate entries of                  determination. If the ITC determines                manufactured by blending ESB rubber with



                                               VerDate Sep<11>2014   18:49 Jul 18, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM   19JYN1


                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                                    33047

                                                    other polymers, high styrene resin master                DATES:   Applicable June 5, 2017.                     Department calculated for Goodman in
                                                    batch, carbon black master batch (i.e., IISRP                                                                  the Final Redetermination.
                                                    1600 series and 1800 series) and latex (an               FOR FURTHER INFORMATION CONTACT:
                                                    intermediate product).                                   Chien-Min Yang, AD/CVD Operations,                    Timken Notice
                                                       The products subject to this investigation            Office VII, Enforcement and                              In its decision in Timken,5 as clarified
                                                    are currently classifiable under subheadings             Compliance, International Trade                       by Diamond Sawblades,6 the Court of
                                                    4002.19.0015 and 4002.19.0019 of the                     Administration, U.S. Department of
                                                    Harmonized Tariff Schedule of the United
                                                                                                                                                                   Appeals for the Federal Circuit held
                                                                                                             Commerce, 1401 Constitution Avenue                    that, pursuant to section 516A(e) of the
                                                    States (HTSUS). ESB rubber is described by               NW., Washington, DC 20230; telephone:
                                                    Chemical Abstract Services (CAS) Registry                                                                      Tariff Act of 1930, as amended (the Act),
                                                                                                             (202) 482–5484.                                       the Department must publish a notice of
                                                    No. 9003–55–8. This CAS number also refers
                                                    to other types of styrene butadiene rubber.              SUPPLEMENTARY INFORMATION:                            a court decision that is not ‘‘in
                                                    Although the HTSUS subheadings and CAS                                                                         harmony’’ with a Department
                                                    registry number are provided for convenience             Background                                            determination and must suspend
                                                    and customs purposes, the written                                                                              liquidation of entries pending a
                                                    description of the scope of this investigation
                                                                                                                Goodman is a Chinese producer/
                                                                                                             exporter of fresh garlic and requested a              ‘‘conclusive’’ court decision. The CIT’s
                                                    is dispositive.                                                                                                May 26, 2017, final judgment sustaining
                                                                                                             new shipper review on November 27,
                                                    Appendix II                                              2012, and amended that request on                     the Final Redetermination constitutes a
                                                                                                             December 6, 2012.1 On January 2, 2013,                final decision of the Court that is not in
                                                    List of Topics Discussed in the Issues and
                                                    Decision Memorandum                                      the Department initiated the requested                harmony with the Department’s Final
                                                                                                             NSR covering the period November 1,                   Rescission. This notice is published in
                                                    I. Summary                                                                                                     fulfillment of the Timken publication
                                                    II. Background                                           2011, through October 31, 2012.
                                                                                                                                                                   requirements. Accordingly, the
                                                    III. Scope Comments                                         On April 21, 2014, the Department
                                                    IV. Scope of the Investigation                                                                                 Department will continue the
                                                                                                             issued the Final Rescission. In the Final             suspension of liquidation of the subject
                                                    V. Margin Calculations                                   Rescission, the Department determined
                                                    VI. Discussion of the Issues                                                                                   merchandise pending a final and
                                                                                                             that Goodman’s sales were not bona fide               conclusive court decision.
                                                       Comment 1: CEP Offset
                                                       Comment 2: Cost Adjustments Based on
                                                                                                             and, accordingly, rescinded its new
                                                          Transactions Disregarded Rule                      shipper review.2 Goodman challenged                   Amended Final Results
                                                       Comment 3: Cost Adjustments Based on                  the Department’s findings in the Final                   Because there is now a final court
                                                          Verification Findings                              Rescission at the CIT.                                decision, we are amending the Final
                                                       Comment 4: Sales Expense Adjustments                     On March 22, 2016, the CIT remanded                Rescission with respect to the dumping
                                                          Based on Verification Findings                     for the Department to reconsider its                  margin calculated for Goodman. Based
                                                       Comment 5: Duty Drawback Adjustment                   decision.3                                            on the Final Redetermination, as
                                                    VII. Recommendation
                                                                                                                Per the Court’s instructions, the                  affirmed by the CIT, the revised
                                                    [FR Doc. 2017–14950 Filed 7–18–17; 8:45 am]
                                                                                                             Department reconsidered its previous                  dumping margin for Goodman, from
                                                    BILLING CODE 3510–DS–P
                                                                                                             analysis and determined, under protest,               November 1, 2011, through October 31,
                                                                                                             Goodman’s U.S. sales to be bona fide.                 2012, is $0.08/kg.
                                                                                                             The Department found Goodman to be                       In the event that the CIT’s ruling is
                                                    DEPARTMENT OF COMMERCE
                                                                                                             eligible for a new shipper review and                 not appealed or, if appealed, is upheld
                                                    International Trade Administration                       addressed comments raised in case                     by a final and conclusive court decision,
                                                                                                             briefs and rebuttal briefs during the new             the Department will instruct Customs
                                                    [A–570–831]                                                                                                    and Border Protection (CBP) to assess
                                                                                                             shipper review regarding the
                                                                                                             preliminarily-calculated rate. In the                 antidumping duties on unliquidated
                                                    Fresh Garlic From the People’s
                                                                                                             final remand results filed with the CIT               entries of subject merchandise based on
                                                    Republic of China: Notice of Court
                                                                                                             on August 22, 2016 (Final                             the revised dumping margin listed
                                                    Decision Not in Harmony With Final
                                                                                                             Redetermination), the Department made                 above.
                                                    Rescission and Notice of Amended
                                                    Final Results                                            changes to the surrogate values and re-               Cash Deposit Requirements
                                                                                                             calculated Goodman’s individually-
                                                    AGENCY:  Enforcement and Compliance,                                                                             Since the Final Rescission, the
                                                                                                             determined antidumping duty rate to be
                                                    International Trade Administration,                                                                            Department has not established a cash
                                                                                                             $0.08 per kilogram.
                                                    Department of Commerce.                                                                                        deposit rate for Goodman.7 Therefore,
                                                    SUMMARY: On May 26, 2017, the Court
                                                                                                                On May 26, 2017, the CIT sustained                 the Department will issue revised cash
                                                    of International Trade (the CIT)                         the Department’s Final Redetermination                deposit instructions to CBP, adjusting
                                                    sustained the Department of                              in full.4 Thus, the CIT affirmed the                  the cash deposit rate for Goodman to
                                                    Commerce’s (the Department) final                        $0.08/kg dumping margin the                           $0.08/kg, effective June 5, 2017.
                                                    remand results pertaining to the new                                                                           Notification to Interested Parties
                                                                                                               1 See Goodman’s letter, ‘‘Fresh Garlic from the
                                                    shipper review of the antidumping duty
                                                                                                             People’s Republic of China—Re-filing Request for        This notice is issued and published in
                                                    order on fresh garlic from the People’s                  Antidumping New Shipper Review of Shijiazhuang
                                                    Republic of China (PRC) for                              Goodman Trading Co., Ltd.,’’ (December 6, 2012).
                                                                                                                                                                   accordance with section 516A(e)(1),
                                                    Shijiazhuang Goodman Trading Co.,                          2 See Fresh Garlic from the People’s Republic of    751(a)(1), and 777(i)(1) of the Act.
                                                                                                             China: Final Rescission of Antidumping Duty New
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Ltd. (Goodman). The Department is
                                                                                                             Shipper Review of Shijiazhuang Goodman Trading          5 See Timken Co. v. United States, 893 F.2d 337,
                                                    notifying the public that the final                      Co., Ltd., 79 FR 22,098 (April 21, 2014) (Final       341 (Fed. Cir. 1990) (Timken).
                                                    judgment in this case is not in harmony                  Rescission), and accompanying Issues and Decision       6 See Diamond Sawblades Mfrs. Coalition v.
                                                    with the final rescission of the new                     Memorandum.                                           United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                    shipper review and that the Department                     3 See Shijiazhuang Goodman Trading Co. v.           (Diamond Sawblades).
                                                    has found Goodman eligible for a new                     United States, 172 F. Supp. 3d 1363, 1368–82 (Ct.       7 See Fresh Garlic from the People’s Republic of
                                                                                                             Int’l Trade 2016).                                    China: Final Results and Partial Rescission of the
                                                    shipper review resulting in an                             4 See Shijiazhuang Goodman Trading Co., Ltd. v.     18th Antidumping Duty Administrative Review;
                                                    individually-determined dumping                          United States, CIT Slip Op. 17–63, Consol. Ct. No.    2011–2012, 79 FR 36,721 (June 30, 2014) (Final
                                                    margin of $0.08/kg.                                      14–00101 (May 26, 2017).                              Results).



                                               VerDate Sep<11>2014   18:49 Jul 18, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM   19JYN1



Document Created: 2017-07-19 06:17:34
Document Modified: 2017-07-19 06:17:34
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
DatesJuly 19, 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 33045 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR