82_FR_42965 82 FR 42790 - Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders

82 FR 42790 - Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 175 (September 12, 2017)

Page Range42790-42792
FR Document2017-19287

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on emulsion styrene-butadiene rubber (ESB rubber) from Brazil, the Republic of Korea (Korea), Mexico, and Poland.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42790-42792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19287]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849, A-580-890, A-201-848, A-455-805]


Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of 
Korea, Mexico, and Poland: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty orders on emulsion 
styrene-butadiene rubber (ESB rubber) from Brazil, the Republic of 
Korea (Korea), Mexico, and Poland.

DATES: Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Drew Jackson at (202) 482-4406, 
(Brazil); Carrie Bethea at (202) 482-1491, (Korea); Julia Hancock, 
(202) 482-1394 (Mexico); Stephen Bailey at (202) 482-0193, (Poland), 
AD/CVD Operations, Enforcement and Compliance, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on July 19, 2017, 
the Department published affirmative final determinations in the less-
than-fair-value (LTFV) investigations of ESB rubber from Brazil, Korea, 
Mexico, and Poland.\1\ On September 1, 2017, the ITC notified the 
Department of its affirmative determination that an industry in the 
United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of ESB rubber 
from Brazil, Korea, Mexico, and Poland, and its determination that 
critical circumstances do not exist with respect to imports of subject 
merchandise from Korea subject to the Department's affirmative critical 
circumstances determination.\2\
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances, 82 FR 33048 (July 
19, 2017) (Brazil Final); 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 (July 19, 2017) (Korea Final); 
Emulsion Styrene-Butadiene Rubber from Mexico: Final Affirmative 
Determination of Sales at Less Than Fair Value, 82 FR 33062 (July 
19, 2017) (Mexico Final); and Emulsion Styrene-Butadiene Rubber from 
Poland: Final Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 33061 (July 19, 2017) (Poland Final).
    \2\ See Letter to Gary Taverman, Acting Assistant Secretary of 
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, 
Chairman of the U.S. International Trade Commission, regarding 
emulsion styrene-butadiene rubber from Brazil, Korea, Mexico, and 
Poland (September 1, 2017) (ITC Letter).
---------------------------------------------------------------------------

    For Mexico, on July 17, 2017, we received comments from Industrias 
Negromex S.A. de C.V. (Negromex), the sole mandatory respondent in the 
Mexico investigation, that we made ministerial errors in our final 
determination.\3\ The allegations raised by Negromex in its comments do 
not result in a change to Negromex's margin from the final 
determination. As such, we are not amending Negromex's margin from the 
final determination.\4\
---------------------------------------------------------------------------

    \3\ See Mexico Final.
    \4\ See Memorandum, ``Antidumping Duty Investigation of Emulsion 
Styrene-Butadiene Rubber from Mexico: Ministerial Error Allegations 
Memorandum,'' dated August 22, 2017.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are cold-polymerized emulsion 
styrene-butadiene rubber. For a complete description of the scope of 
these orders, see the Appendix to this notice.

Antidumping Duty Orders

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified the Department of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of ESB rubber from Brazil, 
Korea, Mexico, and Poland. The ITC also notified the Department of its 
determination that critical circumstances do not exist with respect to 
imports of ESB rubber from Korea subject to the Department's critical 
circumstances finding.\5\ Therefore, in accordance with section 
735(c)(2) of the Act, the Department is issuing these antidumping duty 
orders. Because the ITC determined that imports of ESB rubber from 
Brazil, Korea, Mexico, and Poland are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Brazil, Korea, 
Mexico, and Poland, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \5\ See ITC Letter.
---------------------------------------------------------------------------

    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of ESB 
rubber from Brazil, Korea, Mexico, and Poland. Antidumping duties will 
be assessed on unliquidated entries of ESB rubber from Brazil, Korea, 
Mexico, and Poland entered, or withdrawn from warehouse, for 
consumption on or after February 24, 2017, the date of publication of 
the preliminary determinations,\6\ but will

[[Page 42791]]

not include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination as further described below.
---------------------------------------------------------------------------

    \6\ See Emulsion Styrene-Butadiene Rubber from Brazil: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 82 FR 11538 (February 24, 2017) (Brazil Preliminary 
Determination); 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) 
(Korea Preliminary Determination); Emulsion Styrene-Butadiene Rubber 
from Mexico: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and Extension 
of Provisional Measures, 82 FR 11534 (February 24, 2017) (Mexico 
Preliminary Determination); and 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) (Poland 
Preliminary Determination).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of ESB rubber from Brazil, Korea, Mexico, and Poland. These 
instructions suspending liquidation will remain in effect until further 
notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below. Accordingly, effective on the 
date of publication of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on this subject merchandise, a cash 
deposit equal to the cash deposit rates listed below.\7\ The relevant 
all-others rates apply to all producers or exporters not specifically 
listed, as appropriate.
---------------------------------------------------------------------------

    \7\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of ESB rubber from Brazil, Korea, Mexico, and Poland, the 
Department extended the four-month period to six months in each 
case.\8\ In the underlying investigations, the Department published the 
preliminary determinations on February 24, 2017. Therefore, the 
extended period, beginning on the date of publication of the 
preliminary determination, ended on August 24, 2017. Furthermore, 
section 737(b) of the Act states that the collection of final, 
estimated cash deposits will begin on the date of publication of the 
ITC's final injury determination.
---------------------------------------------------------------------------

    \8\ See Brazil Preliminary Determination; Korea Preliminary 
Determination; Mexico Preliminary Determination; and Poland 
Preliminary Determination.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, the Department will instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of ESB rubber from Brazil, Korea, Mexico, and 
Poland entered, or withdrawn from warehouse, for consumption after 
August 24, 2017, the date on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from Korea, the 
Department will instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after November 26, 2016 (i.e., 90 
days prior to the date of publication of the preliminary 
determinations), but before February 24, 2017, (i.e., the date of 
publication of the preliminary determinations).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages and cash 
deposit rates are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
                                 Brazil
------------------------------------------------------------------------
ARLANXEO Brasil S.A.........................................       19.61
All-Others..................................................       19.61
------------------------------------------------------------------------
                                  Korea
------------------------------------------------------------------------
LG Chem, Ltd................................................        9.66
Daewoo International Corporation............................    ** 44.30
Kumho Petrochemical Co, Ltd.................................    ** 44.30
All-Others..................................................        9.66
------------------------------------------------------------------------
                                 Mexico
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.--Planta Altamira (Negromex)       19.52
All-Others..................................................       19.52
------------------------------------------------------------------------
                                 Poland
------------------------------------------------------------------------
Synthos Dwory...............................................       25.43
All-Others..................................................       25.43
------------------------------------------------------------------------
** (AFA).

    This notice constitutes the antidumping duty orders with respect to 
ESB rubber from Brazil, Korea, Mexico, and Poland pursuant to section 
736(a) of the Act. Interested parties can find a list of antidumping 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: September 6, 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

Scope of the Orders

    The products covered by these orders are cold-polymerized 
emulsion styrene-butadiene rubber. The scope of the orders 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 
investigations 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 these orders 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 these orders 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

[[Page 42792]]

description of the scope of these investigations is dispositive.

[FR Doc. 2017-19287 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                42790                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                their responsibility concerning the                     1394 (Mexico); Stephen Bailey at (202)                 Scope of the Orders
                                                disposition of proprietary information                  482–0193, (Poland), AD/CVD                               The products covered by these orders
                                                disclosed under APO in accordance                       Operations, Enforcement and                            are cold-polymerized emulsion styrene-
                                                with 19 CFR 351.305(a)(3). Timely                       Compliance, U.S. Department of                         butadiene rubber. For a complete
                                                written notification of return/                         Commerce, 1401 Constitution Avenue                     description of the scope of these orders,
                                                destruction of APO materials or                         NW., Washington, DC 20230.                             see the Appendix to this notice.
                                                conversion to judicial protective order is              SUPPLEMENTARY INFORMATION:
                                                hereby requested. Failure to comply                                                                            Antidumping Duty Orders
                                                with the regulations and the terms of an                Background                                               In accordance with sections
                                                APO is a sanctionable violation.                           In accordance with sections 735(d)                  735(b)(1)(A)(i) and 735(d) of the Act, the
                                                  This notice is published in                           and 777(i)(1) of the Tariff Act of 1930,               ITC notified the Department of its final
                                                accordance with section 751(a)(1) and                   as amended (the Act), and 19 CFR                       determinations in these investigations,
                                                777(i)(1) of the Act and 19 CFR                         351.210(c), on July 19, 2017, the                      in which it found that an industry in the
                                                351.221(b)(5).                                          Department published affirmative final                 United States is materially injured by
                                                  Dated: September 5, 2017.                             determinations in the less-than-fair-                  reason of imports of ESB rubber from
                                                Gary Taverman,                                          value (LTFV) investigations of ESB                     Brazil, Korea, Mexico, and Poland. The
                                                Deputy Assistant Secretary for Antidumping              rubber from Brazil, Korea, Mexico, and                 ITC also notified the Department of its
                                                and Countervailing Duty Operations,                     Poland.1 On September 1, 2017, the ITC                 determination that critical
                                                performing the non-exclusive functions and              notified the Department of its                         circumstances do not exist with respect
                                                duties of the Assistant Secretary for                   affirmative determination that an                      to imports of ESB rubber from Korea
                                                Enforcement and Compliance.                             industry in the United States is                       subject to the Department’s critical
                                                Appendix—List of Topics Discussed in                    materially injured within the meaning                  circumstances finding.5 Therefore, in
                                                the Issues and Decision Memorandum                      of section 735(b)(1)(A)(i) of the Act, by              accordance with section 735(c)(2) of the
                                                                                                        reason of the LTFV imports of ESB                      Act, the Department is issuing these
                                                I. Summary
                                                                                                        rubber from Brazil, Korea, Mexico, and                 antidumping duty orders. Because the
                                                II. Background
                                                III. Scope of the Order                                 Poland, and its determination that                     ITC determined that imports of ESB
                                                IV. Margin Calculations                                 critical circumstances do not exist with               rubber from Brazil, Korea, Mexico, and
                                                V. Discussion of Issues                                 respect to imports of subject                          Poland are materially injuring a U.S.
                                                   Comment 1. Differential Pricing                      merchandise from Korea subject to the                  industry, unliquidated entries of such
                                                      Methodology                                       Department’s affirmative critical                      merchandise from Brazil, Korea,
                                                   Comment 2. Affiliation Based on a Close              circumstances determination.2                          Mexico, and Poland, entered or
                                                      Supplier Relationship                                                                                    withdrawn from warehouse for
                                                   Comment 3. Adjusting the Cost of Certain                For Mexico, on July 17, 2017, we
                                                      Tub Assemblies                                    received comments from Industrias                      consumption, are subject to the
                                                   Comment 4. Adjusting the Financial                   Negromex S.A. de C.V. (Negromex), the                  assessment of antidumping duties.
                                                      Expense Ratio                                     sole mandatory respondent in the                         As a result of the ITC’s final
                                                VI. Recommendation                                      Mexico investigation, that we made                     determination, in accordance with
                                                [FR Doc. 2017–19290 Filed 9–11–17; 8:45 am]             ministerial errors in our final                        section 736(a)(1) of the Act, the
                                                BILLING CODE 3510–DS–P                                  determination.3 The allegations raised                 Department will direct U.S. Customs
                                                                                                        by Negromex in its comments do not                     and Border Protection (CBP) to assess,
                                                                                                        result in a change to Negromex’s margin                upon further instruction by the
                                                DEPARTMENT OF COMMERCE                                  from the final determination. As such,                 Department, antidumping duties equal
                                                                                                        we are not amending Negromex’s                         to the amount by which the normal
                                                International Trade Administration                      margin from the final determination.4                  value of the merchandise exceeds the
                                                [A–351–849, A–580–890, A–201–848, A–455–
                                                                                                                                                               export price (or constructed export
                                                805]                                                      1 See Emulsion Styrene-Butadiene Rubber from         price) of the merchandise, for all
                                                                                                        Brazil: Final Affirmative Determination of Sales at    relevant entries of ESB rubber from
                                                Emulsion Styrene-Butadiene Rubber                       Less Than Fair Value and Final Negative                Brazil, Korea, Mexico, and Poland.
                                                                                                        Determination of Critical Circumstances, 82 FR         Antidumping duties will be assessed on
                                                From Brazil, the Republic of Korea,                     33048 (July 19, 2017) (Brazil Final); Emulsion
                                                Mexico, and Poland: Antidumping Duty                    Styrene-Butadiene Rubber from the Republic of          unliquidated entries of ESB rubber from
                                                Orders                                                  Korea: Final Affirmative Determination of Sales at     Brazil, Korea, Mexico, and Poland
                                                                                                        Less Than Fair Value, and Final Affirmative            entered, or withdrawn from warehouse,
                                                AGENCY:   Enforcement and Compliance,                   Determination of Critical Circumstances, in Part, 82   for consumption on or after February 24,
                                                International Trade Administration,                     FR 33045 (July 19, 2017) (Korea Final); Emulsion
                                                                                                                                                               2017, the date of publication of the
                                                Department of Commerce.                                 Styrene-Butadiene Rubber from Mexico: Final
                                                                                                        Affirmative Determination of Sales at Less Than        preliminary determinations,6 but will
                                                SUMMARY: Based on affirmative final                     Fair Value, 82 FR 33062 (July 19, 2017) (Mexico
                                                determinations by the Department of                     Final); and Emulsion Styrene-Butadiene Rubber            5 See ITC Letter.
                                                Commerce (the Department) and the                       from Poland: Final Affirmative Determination of          6 See Emulsion Styrene-Butadiene Rubber from
                                                                                                        Sales at Less Than Fair Value, 82 FR 33061 (July       Brazil: Preliminary Affirmative Determination of
                                                International Trade Commission (the                     19, 2017) (Poland Final).                              Sales at Less Than Fair Value, Negative
                                                ITC), the Department is issuing                           2 See Letter to Gary Taverman, Acting Assistant
                                                                                                                                                               Determination of Critical Circumstances,
                                                antidumping duty orders on emulsion                     Secretary of Commerce for Enforcement and              Postponement of Final Determination, and
pmangrum on DSK3GDR082PROD with NOTICES1




                                                styrene-butadiene rubber (ESB rubber)                   Compliance, from Rhonda K. Schmidtlein,                Extension of Provisional Measures, 82 FR 11538
                                                                                                        Chairman of the U.S. International Trade               (February 24, 2017) (Brazil Preliminary
                                                from Brazil, the Republic of Korea                      Commission, regarding emulsion styrene-butadiene       Determination); Emulsion Styrene-Butadiene
                                                (Korea), Mexico, and Poland.                            rubber from Brazil, Korea, Mexico, and Poland          Rubber from the Republic of Korea: Preliminary
                                                DATES: Applicable September 12, 2017.                   (September 1, 2017) (ITC Letter).                      Affirmative Determination of Sales at Less Than
                                                                                                          3 See Mexico Final.
                                                FOR FURTHER INFORMATION CONTACT:                                                                               Fair Value, Affirmative Determination of Critical
                                                                                                          4 See Memorandum, ‘‘Antidumping Duty                 Circumstances, in Part, Postponement of Final
                                                Drew Jackson at (202) 482–4406,                         Investigation of Emulsion Styrene-Butadiene            Determination, and Extension of Provisional
                                                (Brazil); Carrie Bethea at (202) 482–                   Rubber from Mexico: Ministerial Error Allegations      Measures, 82 FR 11536 (February 24, 2017) (Korea
                                                1491, (Korea); Julia Hancock, (202) 482–                Memorandum,’’ dated August 22, 2017.                   Preliminary Determination); Emulsion Styrene-



                                           VerDate Sep<11>2014   15:19 Sep 11, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12SEN1.SGM     12SEN1


                                                                          Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices                                                                        42791

                                                not include entries occurring after the                 deposits will begin on the date of                                                                                  Weighted-
                                                expiration of the provisional measures                  publication of the ITC’s final injury                                                                                average
                                                period and before publication of the                    determination.                                                            Exporter or producer                      dumping
                                                ITC’s final injury determination as                        Therefore, in accordance with section                                                                              margin
                                                                                                                                                                                                                            (percent)
                                                further described below.                                733(d) of the Act and our practice, the
                                                                                                        Department will instruct CBP to                                                               Poland
                                                Suspension of Liquidation
                                                                                                        terminate the suspension of liquidation
                                                   In accordance with section                           and to liquidate, without regard to                               Synthos Dwory ...........................             25.43
                                                735(c)(1)(B) of the Act, the Department                 antidumping duties, unliquidated                                  All-Others ....................................       25.43
                                                will instruct CBP to continue to suspend                entries of ESB rubber from Brazil, Korea,                            ** (AFA).
                                                liquidation on all relevant entries of                  Mexico, and Poland entered, or
                                                ESB rubber from Brazil, Korea, Mexico,                  withdrawn from warehouse, for                                        This notice constitutes the
                                                and Poland. These instructions                          consumption after August 24, 2017, the                            antidumping duty orders with respect to
                                                suspending liquidation will remain in                   date on which the provisional measures                            ESB rubber from Brazil, Korea, Mexico,
                                                effect until further notice.                            expired, until and through the day                                and Poland pursuant to section 736(a) of
                                                   The Department will also instruct                    preceding the date of publication of the                          the Act. Interested parties can find a list
                                                CBP to require cash deposits equal to                   ITC’s final injury determinations in the                          of antidumping duty orders currently in
                                                the amounts as indicated below.                         Federal Register. Suspension of                                   effect at http://enforcement.trade.gov/
                                                Accordingly, effective on the date of                   liquidation will resume on the date of                            stats/iastats1.html.
                                                publication of the ITC’s final affirmative                                                                                   These orders are published in
                                                                                                        publication of the ITC’s final
                                                injury determinations, CBP will require,                                                                                  accordance with section 736(a) of the
                                                                                                        determination in the Federal Register.
                                                at the same time as importers would                                                                                       Act and 19 CFR 351.211(b).
                                                normally deposit estimated duties on                    Critical Circumstances                                              Dated: September 6, 2017.
                                                this subject merchandise, a cash deposit                   With regard to the ITC’s negative                              Gary Taverman,
                                                equal to the cash deposit rates listed                  critical circumstances determination on                           Deputy Assistant Secretary for Antidumping
                                                below.7 The relevant all-others rates                   imports of subject merchandise from                               and Countervailing Duty Operations,
                                                apply to all producers or exporters not                 Korea, the Department will instruct CBP                           performing the non-exclusive functions and
                                                specifically listed, as appropriate.                    to lift suspension and to refund any                              duties of the Assistant Secretary for
                                                                                                        cash deposits made to secure the                                  Enforcement and Compliance.
                                                Provisional Measures
                                                                                                        payment of estimated antidumping                                  Appendix
                                                   Section 733(d) of the Act states that                duties with respect to entries of subject
                                                instructions issued pursuant to an                                                                                        Scope of the Orders
                                                                                                        merchandise entered, or withdrawn
                                                affirmative preliminary determination                                                                                        The products covered by these orders are
                                                                                                        from warehouse, for consumption on or
                                                may not remain in effect for more than                                                                                    cold-polymerized emulsion styrene-
                                                                                                        after November 26, 2016 (i.e., 90 days
                                                four months, except where exporters                                                                                       butadiene rubber. The scope of the orders
                                                                                                        prior to the date of publication of the
                                                representing a significant proportion of                                                                                  includes, but is not limited to, ESB rubber in
                                                                                                        preliminary determinations), but before                           primary forms, bales, granules, crumbs,
                                                exports of the subject merchandise
                                                                                                        February 24, 2017, (i.e., the date of                             pellets, powders, plates, sheets, strip, etc.
                                                request the Department to extend that
                                                                                                        publication of the preliminary                                    ESB rubber consists of non-pigmented
                                                four-month period to no more than six
                                                                                                        determinations).                                                  rubbers and oil-extended non-pigmented
                                                months. At the request of exporters that                                                                                  rubbers, both of which contain at least one
                                                account for a significant proportion of                 Estimated Weighted-Average Dumping                                percent of organic acids from the emulsion
                                                ESB rubber from Brazil, Korea, Mexico,                  Margins                                                           polymerization process.
                                                and Poland, the Department extended                       The weighted-average antidumping                                   ESB rubber is produced and sold in
                                                the four-month period to six months in                  duty margin percentages and cash                                  accordance with a generally accepted set of
                                                each case.8 In the underlying                                                                                             product specifications issued by the
                                                                                                        deposit rates are as follows:                                     International Institute of Synthetic Rubber
                                                investigations, the Department
                                                published the preliminary                                                                                                 Producers (IISRP). The scope of the
                                                                                                                                                            Weighted-     investigations covers grades of ESB rubber
                                                determinations on February 24, 2017.                                                                         average
                                                                                                                                                                          included in the IISRP 1500 and 1700 series
                                                Therefore, the extended period,                                  Exporter or producer                       dumping
                                                                                                                                                              margin      of synthetic rubbers. The 1500 grades are
                                                beginning on the date of publication of                                                                     (percent)     light in color and are often described as
                                                the preliminary determination, ended                                                                                      ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
                                                on August 24, 2017. Furthermore,                                                      Brazil                              are oil-extended and thus darker in color,
                                                section 737(b) of the Act states that the                                                                                 and are often called ‘‘Brown Rubber.’’
                                                collection of final, estimated cash                     ARLANXEO Brasil S.A ...............                      19.61       Specifically excluded from the scope of
                                                                                                        All-Others ....................................          19.61    these orders are products which are
                                                                                                                                                                          manufactured by blending ESB rubber with
                                                Butadiene Rubber from Mexico: Preliminary
                                                Affirmative Determination of Sales at Less Than                                       Korea                               other polymers, high styrene resin master
                                                Fair Value, Postponement of Final Determination,                                                                          batch, carbon black master batch (i.e., IISRP
                                                and Extension of Provisional Measures, 82 FR            LG Chem, Ltd .............................                9.66    1600 series and 1800 series) and latex (an
                                                11534 (February 24, 2017) (Mexico Preliminary           Daewoo International Corpora-                                     intermediate product).
                                                Determination); and Emulsion Styrene-Butadiene            tion ..........................................      ** 44.30      The products subject to these orders are
                                                Rubber from Poland: Preliminary Affirmative             Kumho Petrochemical Co, Ltd ...                        ** 44.30   currently classifiable under subheadings
pmangrum on DSK3GDR082PROD with NOTICES1




                                                Determination of Sales at Less Than Fair Value,         All-Others ....................................            9.66   4002.19.0015 and 4002.19.0019 of the
                                                Postponement of Final Determination, and                                                                                  Harmonized Tariff Schedule of the United
                                                Extension of Provisional Measures, 82 FR 11531
                                                (February 24, 2017) (Poland Preliminary
                                                                                                                                     Mexico                               States (HTSUS). ESB rubber is described by
                                                Determination).                                                                                                           Chemical Abstract Services (CAS) Registry
                                                  7 See section 736(a)(3) of the Act.                   Industrias Negromex S.A. de                                       No. 9003–55–8. This CAS number also refers
                                                  8 See Brazil Preliminary Determination; Korea           C.V.—Planta Altamira                                            to other types of styrene butadiene rubber.
                                                Preliminary Determination; Mexico Preliminary             (Negromex) .............................               19.52    Although the HTSUS subheadings and CAS
                                                Determination; and Poland Preliminary                   All-Others ....................................          19.52    registry number are provided for convenience
                                                Determination.                                                                                                            and customs purposes, the written



                                           VerDate Sep<11>2014   15:19 Sep 11, 2017   Jkt 241001   PO 00000   Frm 00011       Fmt 4703      Sfmt 4703       E:\FR\FM\12SEN1.SGM     12SEN1


                                                42792                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                description of the scope of these                       Preliminary Results. On June 8, 2017,                     the Issues and Decision Memorandum,
                                                investigations is dispositive.                          we received timely case briefs from the                   which is hereby adopted by this notice.5
                                                [FR Doc. 2017–19287 Filed 9–11–17; 8:45 am]             following interested parties: SolarWorld                  Analysis of Comments Received
                                                BILLING CODE 3510–DS–P                                  Americas, Inc. (the petitioner); the
                                                                                                        Government of China (GOC); Trina                             All issues raised in interested parties’
                                                                                                        Solar; BYD (Shangluo) Industrial Co.,                     briefs are addressed in the Issues and
                                                DEPARTMENT OF COMMERCE                                  Ltd. (BYD); and SNJ Enterprises, LLC,                     Decision Memorandum accompanying
                                                                                                        Dba Zamp Solar (SNJ).2 On June 15,                        this notice. A list of the issues raised by
                                                International Trade Administration                                                                                interested parties and to which we
                                                                                                        2017, we received timely rebuttal
                                                [C–570–011]
                                                                                                                                                                  responded in the Issues and Decision
                                                                                                        comments from the petitioner, the GOC,
                                                                                                                                                                  Memorandum is provided in Appendix
                                                                                                        and Trina Solar.3                                         I to this notice. The Issues and Decision
                                                Certain Crystalline Silicon Photovoltaic
                                                Products From the People’s Republic                        On June 8, 2017, in accordance with                    Memorandum is a public document and
                                                of China: Final Results of                              section 751(a)(3)(A) of the Act, the                      is on file electronically via Enforcement
                                                Countervailing Duty Administrative                      Department extended the period for                        and Compliance’s Antidumping and
                                                Review, and Partial Rescission of                       issuing the final results of this review by               Countervailing Duty Centralized
                                                Countervailing Duty Administrative                      60 days, to September 2, 2017. As                         Electronic Service System (ACCESS).
                                                Review; 2014–2015                                       September 2, 2017 is a Saturday and                       ACCESS is available to registered users
                                                                                                        September 4, 2017 is Labor Day, the                       at https://access.trade.gov and in the
                                                AGENCY:   Enforcement and Compliance,                   final results were extended until                         Central Records Unit, Room B8024 of
                                                International Trade Administration,                     September 5, 2017.4                                       the main Department of Commerce
                                                Department of Commerce.                                                                                           building. In addition, a complete
                                                SUMMARY: The Department of Commerce                     Scope of the Order                                        version of the Issues and Decision
                                                (the Department) has completed its                                                                                Memorandum can be access directly at
                                                                                                           The merchandise covered by this                        http://enforcement.trade.gov/frn/. The
                                                administrative review of the                            order are modules, laminates and/or
                                                countervailing duty order (CVD) on                                                                                signed and electronic versions of the
                                                                                                        panels consisting of crystalline silicon                  Issues and Decision Memorandum are
                                                crystalline silicon photovoltaic products
                                                                                                        photovoltaic cells, whether or not                        identical in content.
                                                (solar products) from the People’s
                                                                                                        partially or fully assembled into other
                                                Republic of China (PRC) for the June 10,                                                                          Changes Since the Preliminary Results
                                                2014, through December 31, 2015,                        products, including building integrated
                                                period of review (POR). We have                         materials. The product is currently                          Based on case briefs, rebuttal briefs,
                                                determined that the mandatory                           classified under the Harmonized Tariff                    and all supporting documentation, we
                                                respondent Changzhou Trina Solar                        Schedule of the United States (HTSUS)                     made changes from the Preliminary
                                                Energy Co., Ltd. and its cross-owned                    item numbers 8501.61.0000,                                Results. The Department has modified
                                                affiliates (collectively, Trina Solar)                  8507.20.8030, 8507.20.8040,                               its creditworthiness findings for Trina
                                                received countervailable subsidies                      8507.20.8060, 8507.20.8090,                               Solar. In the Preliminary Results, the
                                                during the POR. The final net subsidy                   8541.40.6020, 8541.40.6030 and                            Department found Trina Solar to be
                                                rates are listed below in the section,                  8501.31.8000. These HTSUS                                 uncreditworthy during the 2012–2015
                                                ‘‘Final Results of Administrative                       subheadings are provided for                              period. After reviewing Trina Solar’s
                                                Review.’’ We are also rescinding the                    convenience and customs purposes; the                     response to the Department’s
                                                review for 22 companies for which all                   written description of the scope of this                  creditworthiness questionnaire,6 the
                                                review requests were timely withdrawn                   order is dispositive. A full description                  Department finds that Trina Solar was
                                                or for which we have concluded that                     of the scope of the order is contained in                 uncreditworthy from 2012 to 2013 and
                                                there were no entries, exports, or sales                                                                          creditworthy during 2014 and 2015.7
                                                of the subject merchandise during the                      2 See Petitioner’s Case Brief, ‘‘Certain Crystalline   Partial Rescission of Review
                                                POR.                                                    Silicon Photovoltaic Products from the People’s
                                                                                                        Republic of China: Case Brief of SolarWorld                 We are rescinding this administrative
                                                DATES:   Applicable September 12, 2017.                 Americas, Inc.,’’ dated June 8, 2017; GOC’s Case          review for 22 companies 8 named in the
                                                                                                        Brief, ‘‘GOC’s Case Brief: Certain Crystalline Silicon    Initiation Notice.9 In the Preliminary
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Photovoltaic Products from the People’s Republic of
                                                Joseph Traw, AD/CVD Operations,                         China,’’ dated June 8, 2017; Trina Solar’s Case Brief,
                                                                                                                                                                  Results, we made a preliminary
                                                Office VII, Enforcement and                             ‘‘Crystalline Silicon Photovoltaic Products from the      determination to rescind the review of
                                                Compliance, International Trade                         People’s Republic of China: Case Brief,’’ dated June      companies for which all review requests
                                                                                                        8, 2017; BYD’s Case Brief, ‘‘Crystalline Silicon          were timely withdrawn.10 With the
                                                Administration, U.S. Department of                      Photovoltaic Products from the People’s Republic of
                                                Commerce, 1401 Constitution Avenue                      China: BYD’s Case Brief’’ dated June 8, 2017; SNJ’s         5 See Memorandum, ‘‘Decision Memorandum for
                                                NW., Washington, DC 20230; telephone                    Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic
                                                                                                        Products from the People’s Republic of China: Case        Final Results and Partial Rescission of
                                                (202) 482–6079.                                                                                                   Countervailing Duty Administrative Review:
                                                                                                        Brief,’’ dated June 8, 2017.
                                                                                                                                                                  Crystalline Silicon Photovoltaic Cells, Whether or
                                                Background                                                 3 See Petitioner’s Rebuttal Brief, ‘‘Certain
                                                                                                                                                                  Not Assembled Into Modules, from the People’s
                                                                                                        Crystalline Silicon Photovoltaic Products from the
                                                  The Department published the                                                                                    Republic of China; 2014,’’ dated concurrently with
                                                                                                        People’s Republic of China: Rebuttal Brief of
                                                                                                                                                                  this notice (Issues and Decision Memorandum).
                                                Preliminary Results of this                             SolarWorld Americas, Inc.,’’ dated June 15, 2017;           6 See Trina Solar’s Letter, ‘‘Crystalline Silicon
                                                administrative review in the Federal                    GOC’s Rebuttal Brief, ‘‘GOC’s Rebuttal Brief Certain
                                                                                                                                                                  Photovoltaic Products from the People’s Republic of
pmangrum on DSK3GDR082PROD with NOTICES1




                                                                                                        Crystalline Silicon Photovoltaic Products from the
                                                Register on March 6, 2017.1 We invited                  People’s Republic of China,’’ dated June 15, 2017;        China: Creditworthiness Questionnaire Response,’’
                                                interested parties to comment on the                    Trina Solar’s Rebuttal Brief, ‘‘Crystalline Silicon       dated April 20, 2017.
                                                                                                                                                                    7 See Issues and Decision Memorandum.
                                                                                                        Photovoltaic Products from the People’s Republic of
                                                                                                                                                                    8 See Appendix II.
                                                   1 See Certain Crystalline Silicon Photovoltaic       China: Rebuttal Brief,’’ dated June 15, 2017.
                                                                                                                                                                    9 See Initiation of Antidumping and
                                                Products from the People’s Republic of China:              4 See Memorandum, ‘‘Certain Crystalline Silicon

                                                Preliminary Results of Countervailing Duty              Photovoltaic Products from the People’s Republic of       Countervailing Duty Administrative Reviews, 81 FR
                                                Administrative Review and Preliminary Intent To         China: Extension of the Deadline for Issuing the          20324, 20348–20349 (April 7, 2016) (Initiation
                                                Rescind, in Part; 2014–2015, 82 FR 12562 (March         Final Results of the 2014–2015 Countervailing Duty        Notice).
                                                6, 2017) (Preliminary Results).                         Administrative Review,’’ dated June 8, 2017.                10 See Preliminary Results 82 FR at 12562–12563.




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Document Created: 2018-10-24 14:14:13
Document Modified: 2018-10-24 14:14:13
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
DatesApplicable September 12, 2017.
ContactDrew Jackson at (202) 482-4406, (Brazil); Carrie Bethea at (202) 482-1491, (Korea); Julia Hancock, (202) 482-1394 (Mexico); Stephen Bailey at (202) 482-0193, (Poland), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 42790 

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