[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38847-38849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13945]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849]
Emulsion Styrene-Butadiene Rubber from Brazil: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that ARLANXEO
Brasil S.A. (ARLANXEO Brasil) made sales of certain emulsion styrene-
butadiene rubber (ESB rubber) from Brazil at less than normal value
during the period of review (POR) February 24, 2017 through August 31,
2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4406.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results.\2\ This review covers one respondent, ARLANXEO Brasil S.A.
(ARLANXEO Brasil). On December 13, 2019, ARLANXEO Brasil filed a case
brief \3\ and on December 23, 2019, the petitioner, Lion Elastomers,
LLC, filed a rebuttal brief.\4\ On January 29, 2019, Commerce held a
public hearing.\5\ On February 10, 2020, Commerce extended the deadline
for issuing the final results of this review by 42 days.\6\ On April
17, 2020, Commerce extended the deadline for issuing the final results
of this review by an additional 18 days.\7\ On April 24, 2020,
[[Page 38848]]
Commerce tolled all deadlines in administrative reviews by 50 days,
thereby extending the deadline for these results until July 1, 2020.\8\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Emulsion Styrene-Butadiene Rubber from Brazil:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 61889 (November 14, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
\3\ See ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene
Rubber from Brazil: ARLANXEO's Case Brief,'' dated December 13,
2019.
\4\ Commerce rejected the petitioner's December 23, 2019
rebuttal brief because it contained untimely filed new factual
information. See Commerce's Letter, ``Antidumping Duty
Administrative Review of Emulsion Styrene-Butadiene Rubber from
Brazil: Rejection of Rebuttal Brief,'' dated January 16, 2020. On
January 17, 2020, the petitioner submitted a redacted rebuttal
brief, which Commerce also rejected because it contained additional
revisions that were not requested by Commerce. See Commerce's
Letter, ``Antidumping Duty Administrative Review of Emulsion
Styrene-Butadiene Rubber from Brazil: Rejection of Lion Elastomers,
LLC's January 17, 2020 Rebuttal Brief,'' dated January 31, 2020. On
January 31, 2020, the petitioner refiled its redacted rebuttal
brief. See Petitioner's Letter, ``Antidumping Review of Emulsion
Styrene-Butadiene Rubber (E-SBR) from Brazil: Rebuttal Brief,''
dated January 31, 2020.
\5\ See Public Hearing Transcript (undated), submitted February
5, 2020.
\6\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from
Brazil: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated February 10, 2020.
\7\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from
Brazil: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated April 17, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by the order is certain emulsion styrene-
butadiene rubber from Brazil. The merchandise subject to this order is
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 order is dispositive. For a full
description of the scope, see the Issues and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Order on Emulsion Styrene-Butadiene Rubber from
Brazil,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and an analysis of the comments
received from parties regarding the Preliminary Results, we have made
changes to the weighted-average dumping margin for ARLANXEO Brasil. For
detailed information, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period February 24, 2017
through August 31, 2018:
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Weighted-
average
Exporter/producer margin
(percent)
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ARLANXEO Brasil S.A......................................... 21.22
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Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for each importer's examined sales and the total entered
value of the sales in accordance with 19 CFR 351.212(b)(1).
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for ARLANXEO Brasil
S.A. will be equal to the weighted-average dumping margin established
in the final results of this review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of
this proceeding, the cash deposit will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review or the original investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 19.61 percent, the all-
others rate established in the less-than-fair-value investigation.\11\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\11\ 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, 2019).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations
[[Page 38849]]
and the terms of an APO is a sanctionable violation.
Notice to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Sales Occurred at Different Levels of Trade
Comment 2: Whether to Deduct Impostos Sobre Produtos
Industrializados (IPI) Taxes from Home-Market Price
Comment 3: Preliminary Margin Calculations
VI. Recommendation
[FR Doc. 2020-13945 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P