82 FR 33061 - Emulsion Styrene-Butadiene Rubber From Poland: Final Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 137 (July 19, 2017)
International Trade Administration
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33061-33062 | |
| FR Document | 2017-14952 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Notices] [Pages 33061-33062] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14952] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-455-805] Emulsion Styrene-Butadiene Rubber From Poland: Final Affirmative Determination of Sales at Less Than Fair Value 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 Poland 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: July 19, 2017. FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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) 482-0193. SUPPLEMENTARY INFORMATION: Background On February 24, 2017, the Department published the Preliminary Determination of this antidumping LTFV investigation, as provided by Section 735 of the Tariff Act of 1930, as amended (Act), in which the Department found that ESB rubber from Poland 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 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 it is available to all parties in the Central Records Unit, Room B-8024 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 Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 11531 (February 24, 2017), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Determination). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of Emulsion Styrene-Butadiene Rubber from Poland,'' 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 Poland. 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 February, March, and April 2017, the Department conducted verification of the information reported by the mandatory respondent Synthos Dwory (Synthos), 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\ For discussion of our verification findings, see the following memoranda: Memorandum, ``Verification of the Sales Response of Synthos Dwory in the Antidumping Investigation of Emulsion Styrene Butadiene from Poland,'' dated April 12, 2017 and Memorandum, ``Verification of the Cost Response of Synthos Dwory 7 Spolka z ograniczona odpowiedzialnoscia sp. j. in the Antidumping Duty Investigation of Emulsion Styrene Butadiene Rubber from Poland,'' dated May 15, 2017. --------------------------------------------------------------------------- Analysis of Comments Received The issues raised in the case brief that was submitted by petitioners \5\ 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 no changes to the margin calculation for Synthos. --------------------------------------------------------------------------- \5\ Lion Elastomers LLC and East West Copolymers (petitioners). --------------------------------------------------------------------------- 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 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 calculated an individual estimated weighted-average dumping margin for Synthos, the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de [[Page 33062]] minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Synthos is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Dumping Exporter/producer margin (percent) ------------------------------------------------------------------------ Synthos Dwory............................................... 25.43 All-Others.................................................. 25.43 ------------------------------------------------------------------------ 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 Poland 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 margin 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. 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 Poland 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. 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 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 in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues: Comment 1: Selling, General and Administrative Expenses V. Recommendation [FR Doc. 2017-14952 Filed 7-18-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33061
have not been found to be entitled to a emulsion styrene-butadiene rubber (ESB Scope Comments
separate rate, the cash deposit rate will rubber) from Poland is being, or is likely No interested party commented on the
be the PRC-wide rate of 247.26 percent; to be, sold in the United States at less scope of the investigation as it appeared
and (5) for all non-PRC exporters of than fair value (LTFV). The period of in the Initiation Notice.3 Therefore, the
subject merchandise which have not investigation (POI) is July 1, 2015, scope of this investigation remains
received their own rate, the cash deposit through June 30, 2016. unchanged for this final determination.
rate will be the rate applicable to the
PRC exporter(s) that supplied that non- DATES: July 19, 2017. Verification
PRC exporter. These deposit FOR FURTHER INFORMATION CONTACT: As provided in section 782(i) of the
requirements, when imposed, shall Stephen Bailey, AD/CVD Operations, Act, in February, March, and April
remain in effect until further notice. Office IV, Enforcement and Compliance, 2017, the Department conducted
Notification to Importers International Trade Administration, verification of the information reported
U.S. Department of Commerce, 1401 by the mandatory respondent Synthos
This notice also serves as a Constitution Avenue NW., Washington, Dwory (Synthos), for use in the
preliminary reminder to importers of DC 20230; telephone: (202) 482–0193. Department’s final determination. The
their responsibility under 19 CFR Department used standard verification
351.402(f)(2) to file a certificate SUPPLEMENTARY INFORMATION: procedures, including an examination of
regarding the reimbursement of relevant accounting and production
Background
antidumping duties prior to liquidation records, and original source documents
of the relevant entries during this On February 24, 2017, the Department provided by the respondent.4
review period. Failure to comply with published the Preliminary
this requirement could result in the Analysis of Comments Received
Determination of this antidumping
Department’s presumption that LTFV investigation, as provided by The issues raised in the case brief that
reimbursement of antidumping duties Section 735 of the Tariff Act of 1930, as was submitted by petitioners 5 in this
occurred and the subsequent assessment amended (Act), in which the investigation are addressed in the Issues
of double antidumping duties. Department found that ESB rubber from and Decision Memorandum. A list of
We are issuing and publishing these Poland was sold at LTFV.1 A summary these issues is attached to this notice as
results in accordance with sections of the events that occurred since the Appendix II. Based on our analysis of
751(a)(1) and 777(i)(1) of the Act and 19 Department published the Preliminary the comments received and our findings
CFR 351.213. Determination, as well as a full at verification, we made no changes to
Dated: July 12, 2017. discussion of the issues raised by the margin calculation for Synthos.
Gary Taverman interested parties for this final All-Others Rate
Deputy Assistant Secretary for Antidumping determination, may be found in the Section 735(c)(5)(A) of the Act
and Countervailing Duty Operations, Issues and Decision Memorandum.2 The provides that in the final determination
performing the non-exclusive functions and Issues and Decision Memorandum is a
duties of the Assistant Secretary for the Department shall determine an
public document and is on file estimated all-others rate for all exporters
Enforcement and Compliance. electronically via Enforcement and and producers not individually
Appendix Compliance’s Antidumping and examined. This rate shall be an amount
Countervailing Duty Centralized equal to the weighted-average of the
List of Topics Discussed in the Preliminary
Results Decision Memorandum Electronic Service System (ACCESS). estimated weighted-average dumping
ACCESS is available to registered users margins established for exporters and
Summary
Background at https://access.trade.gov, and it is producers individually investigated,
Scope of the Order available to all parties in the Central excluding any zero and de minimis
Discussion of the Methodology Records Unit, Room B–8024 of the main margins, and any margins determined
Preliminary Partial Rescission of Department of Commerce building. In entirely under section 776 of the Act.
Antidumping Duty Administrative addition, a complete version of the For the final determination, the
Review Issues and Decision Memorandum can Department calculated an individual
Companies That Did Not Establish Eligibility be accessed directly at http:// estimated weighted-average dumping
for a Separate Rate
Recommendation enforcement.trade.gov/frn/. margin for Synthos, the only
individually examined exporter/
[FR Doc. 2017–15139 Filed 7–18–17; 8:45 am] Scope of the Investigation producer in this investigation. Because
BILLING CODE 3510–DS–P
The product covered by this the only individually calculated
investigation is ESB rubber from Poland. dumping margin is not zero, de
DEPARTMENT OF COMMERCE For a complete description of the scope 3 See Emulsion Styrene-Butadiene Rubber from
of this investigation, see Appendix I. Brazil, the Republic of Korea, Mexico and Poland:
International Trade Administration Initiation of Less Than Fair Value Investigations, 81
1 See Emulsion Styrene-Butadiene Rubber from FR 55438 (August 19, 2016) (Initiation Notice).
[A–455–805]
Poland: Preliminary Affirmative Determination of 4 For discussion of our verification findings, see
Sales at Less Than Fair Value, Postponement of the following memoranda: Memorandum,
Emulsion Styrene-Butadiene Rubber
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Final Determination, and Extension of Provisional ‘‘Verification of the Sales Response of Synthos
From Poland: Final Affirmative Measures, 82 FR 11531 (February 24, 2017), and Dwory in the Antidumping Investigation of
Determination of Sales at Less Than accompanying Preliminary Decision Memorandum Emulsion Styrene Butadiene from Poland,’’ dated
Fair Value (collectively, Preliminary Determination). April 12, 2017 and Memorandum, ‘‘Verification of
2 See Memorandum, ‘‘Issues and Decision the Cost Response of Synthos Dwory 7 Spolka z
AGENCY: Enforcement and Compliance, Memorandum for the Final Affirmative ograniczona odpowiedzialnoscia sp. j. in the
Determination in the Less Than Fair Value Antidumping Duty Investigation of Emulsion
International Trade Administration, Styrene Butadiene Rubber from Poland,’’ dated May
Investigation of Emulsion Styrene-Butadiene
Department of Commerce. Rubber from Poland,’’ dated concurrently with, and 15, 2017.
SUMMARY: The Department of Commerce hereby adopted by, this notice (Issues and Decision 5 Lion Elastomers LLC and East West Copolymers
(the Department) determines that Memorandum). (petitioners).
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![33062 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
minimis, or based entirely on facts International Trade Commission percent of organic acids from the emulsion
otherwise available, the estimated Notification polymerization process.
ESB rubber is produced and sold in
weighted-average dumping margin In accordance with section 735(d) of accordance with a generally accepted set of
calculated for Synthos is the margin the Act, the Department will notify the product specifications issued by the
assigned to all-other producers and International Trade Commission (ITC) of International Institute of Synthetic Rubber
exporters, pursuant to section its final determination. Because the final Producers (IISRP). The scope of the
735(c)(5)(A) of the Act. determination in this proceeding is investigation covers grades of ESB rubber
affirmative, in accordance with section included in the IISRP 1500 and 1700 series
Final Determination of synthetic rubbers. The 1500 grades are
735(b)(2) of the Act, the ITC will make light in color and are often described as
The final weighted-average dumping its final determination as to whether the ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
margins are as follows: domestic industry in the United States are oil-extended and thus darker in color,
is materially injured, or threatened with and are often called ‘‘Brown Rubber.’’
Dumping material injury, by reason of imports of Specifically excluded from the scope of
Exporter/producer margin ESB rubber from Poland no later than 45 this investigation are products which are
(percent) days after the Department’s final manufactured by blending ESB rubber with
other polymers, high styrene resin master
determination. If the ITC determines batch, carbon black master batch (i.e., IISRP
Synthos Dwory ........................... 25.43 that material injury or threat of material
All-Others .................................... 25.43 injury does not exist, the proceeding 1600 series and 1800 series) and latex (an
intermediate product).
will be terminated and all securities The products subject to this investigation
Continuation of Suspension of posted will be refunded or canceled. If are currently classifiable under subheadings
Liquidation the ITC determines that such injury 4002.19.0015 and 4002.19.0019 of the
does exist, the Department will issue an Harmonized Tariff Schedule of the United
In accordance with section States (HTSUS). ESB rubber is described by
antidumping duty order directing CBP
735(c)(1)(B) of the Act, the Department Chemical Abstract Services (CAS) Registry
to assess, upon further instruction by No. 9003–55–8. This CAS number also refers
will instruct U.S. Customs and Border the Department, antidumping duties on
Protection (CBP) to continue to suspend appropriate imports of the subject to other types of styrene butadiene rubber.
Although the HTSUS subheadings and CAS
liquidation of all appropriate entries of merchandise entered, or withdrawn registry number are provided for convenience
ESB rubber from Poland as described in from warehouse, for consumption on or and customs purposes, the written
Appendix I of this notice, which were after the date of the suspension of description of the scope of this investigation
entered, or withdrawn from warehouse, liquidation. is dispositive.
for consumption on or after February 24, Appendix II
2017, the date of publication of the Notification Regarding Administrative
Preliminary Determination of this Protective Orders List of Topics in the Issues and Decision
This notice serves as a reminder to Memorandum
investigation in the Federal Register.
Further, pursuant to section parties subject to an administrative I. Summary
protective order (APO) of their II. Background
735(c)(1)(B)(ii) of the Act and 19 CFR
III. Scope of the Investigation
351.210(d), the Department will instruct responsibility concerning the IV. Discussion of the Issues: Comment 1:
CBP to require a cash deposit equal to disposition of proprietary information
Selling, General and Administrative
the estimated weighted-average disclosed under APO in accordance Expenses
dumping margin or the estimated all- with 19 CFR 351.305(a)(3). Timely V. Recommendation
others rate, as follows: (1) The cash notification of the return or destruction [FR Doc. 2017–14952 Filed 7–18–17; 8:45 am]
of APO materials, or conversion to
deposit rate for the respondents listed BILLING CODE 3510–DS–P
judicial protective order, is hereby
above will be equal to the respondent-
requested. Failure to comply with the
specific estimated weighted-average
regulations and the terms of an APO is DEPARTMENT OF COMMERCE
dumping margin determined in this a violation subject to sanction.
final determination; (2) if the exporter is This determination and this notice are International Trade Administration
not a respondent identified above, but issued and published pursuant to
the producer is, then the cash deposit sections 735(d) and 777(i)(1) of the Act. [A–201–848]
rate will be equal to the respondent- Dated: July 10, 2017.
specific estimated weighted-average Emulsion Styrene-Butadiene Rubber
Gary Taverman, From Mexico: Final Affirmative
dumping margin established for that
Deputy Assistant Secretary for Antidumping Determination of Sales at Less Than
producer of the subject merchandise; and Countervailing Duty Operations, Fair Value
and (3) the cash deposit rate for all other performing the non-exclusive functions and
producers and exporters will be equal to duties of the Assistant Secretary for AGENCY: Enforcement and Compliance,
the all-others estimated weighted- Enforcement and Compliance. International Trade Administration,
average dumping margin. Department of Commerce
Appendix I SUMMARY: The Department of Commerce
Disclosure Scope of the Investigation (Department) determines that emulsion
styrene-butadiene rubber (ESB rubber)
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Department intends to disclose to For purposes of this investigation, the
product covered is cold-polymerized from Mexico is being, or is likely to be,
interested parties its calculations and sold in the United States at less than fair
emulsion styrene-butadiene rubber (ESB
analysis performed in this final rubber). The scope of the investigation value (LTFV). The period of
determination within five days of any includes, but is not limited to, ESB rubber in investigation (POI) is July 1, 2015,
public announcement or, if there is no primary forms, bales, granules, crumbs, through June 30, 2016.
public announcement, within five days pellets, powders, plates, sheets, strip, etc.
ESB rubber consists of non-pigmented DATES: July 19, 2017.
of the date of publication of this notice
rubbers and oil-extended non-pigmented FOR FURTHER INFORMATION CONTACT: Julia
in accordance with 19 CFR 351.224(b). rubbers, both of which contain at least one Hancock or Javier Barrientos, AD/CVD
VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/82_FR_33198/page/2.svg)
Document Created: 2017-07-19 06:17:50
Document Modified: 2017-07-19 06:17:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | July 19, 2017. | |
| Contact | Stephen Bailey, 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) 482-0193. | |
| FR Citation | 82 FR 33061 |
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