[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42352-42353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-890]
Emulsion Styrene-Butadiene Rubber From Republic of Korea: 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 the
producers/exporters subject to this administrative review made sales of
emulsion styrene-butadiene rubber (ESB rubber) from the Republic of
Korea (Korea) at less than normal value during the period of review
(POR) February 24, 2017 through August 31, 2018.
DATES: Applicable July 14, 2020.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
This review covers seven producers and/or exporters of the subject
merchandise. Commerce selected one mandatory respondent for individual
examination: LG Chem, Ltd. (LG Chem). The producers/exporters which
were not selected for individual examination are listed in the ``Final
Results of the Administrative Review'' section of this notice.
On November 15, 2018, we published our initiation of an
administrative review of the antidumping duty order on ESB rubber from
Korea.\1\ On November 26, 2019, we published the Preliminary Results of
this administrative review.\2\ On December 30, 2019, Lion Elastomers,
LLC (the petitioner) submitted a case brief.\3\ On January 6, 2020, LG
Chem submitted a rebuttal brief.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
\2\ See Emulsion Styrene-Butadiene Rubber from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 65114 (November 26, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\3\ See Petitioner's Letter, ``Case Brief,'' dated December 30,
2019.
\4\ See LG Chem's Letter, ``LG Chem's Rebuttal Brief,'' dated
January 6, 2020; see also LG Chem's Letter, ``Errata to LG Chem's
Rebuttal Brief,'' dated January 7, 2020.
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On March 2, 2020, we extended the deadline for the final results of
this review to May 21, 2020.\5\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days, thereby extending the
deadline for these final results until July 10, 2020.\6\ Commerce
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
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\5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from the
Republic of Korea: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2017-2018,'' dated March 2,
2020.
\6\ 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 this order is cold-polymerized emulsion
styrene-butadiene rubber.\7\ The subject merchandise is currently
classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the order is dispositive.
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\7\ For a full description of the scope, see Memorandum,
``Decision Memorandum for the Final Results of the Administrative
Review of the Antidumping Duty Order: Emulsion Styrene-Butadiene
Rubber from the Republic of Korea; 2017-2018,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and are addressed in the
Issues and Decision Memorandum. 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 at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes to the Preliminary Results
In the Preliminary Results, we found that LG Chem was entitled to a
constructed export price (CEP) offset.\8\ After further review, we find
that a CEP offset is not warranted for LG Chem.\9\ Additionally, we
have incorporated several minor changes in the margin program.\10\ For
a discussion of the above-referenced changes, see the ``Changes to the
Preliminary Results'' section of the Issues and Decision Memorandum.
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\8\ See PDM at VII.C.
\9\ See Issues and Decision Memorandum at Comment 1.
\10\ See Memorandum, ``Final Results Analysis Memorandum for LG
Chem, Ltd.,'' dated concurrently with this notice.
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Rates for Non-Examined Companies
As a result of this review, we calculated a weighted-average
dumping margin for LG Chem. Accordingly, Commerce has assigned to the
companies not selected for individual examination the margin calculated
for LG Chem.
Final Results of the Administrative Review
The weighted-average dumping margins for the final results of this
administrative review are as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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LG Chem, Ltd............................................... 4.19
Daewoo International Corporation \11\...................... 4.19
Kumho Petrochemical Co. Ltd................................ 4.19
Sungsan International Co, Ltd.............................. 4.19
WE International Co., Ltd.................................. 4.19
Kukje Trading Corp......................................... 4.19
Hyundai Glovis Co., Ltd.................................... 4.19
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Disclosure
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\11\ We note that in the Initiation Notice, we spelled the name
of Daewoo International Corporation as ``Daewoo International
Corporatin.'' However, the spelling should have been ``Daewoo
International Corporation.'' See Lion Elastomers LLC's Letter,
``Antidumping Duty Order on Emulsion Styrene Butadiene Rubber from
Korea (A-580-890): Request for First Administrative Review,'' dated
September 28, 2018.
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We will disclose to interested parties the calculations performed
in
[[Page 42353]]
connection with these final results within five days of the publication
of this notice, consistent with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 212(b)(1),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
For LG Chem, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
sales value associated with those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
where an importer-specific assessment rate is not zero or de minimis.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
importer-specific assessment rate is zero or de minimis.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by LG Chem, for which LG
Chem did not know that the merchandise was destined for the United
States, 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.\12\
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\12\ 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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For the companies which were not selected for individual review, we
will assign an assessment rate equal to LG Chem's dumping margin
identified above.\13\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\14\
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\13\ The Act does not specify how to calculate a dumping margin
for a respondent that is not selected for individual review in an
administrative review. Therefore, we look to section 735(c)(5)(A) of
the Act, which explains how to calculate the ``all others'' rate in
an investigation, for guidance. Consistent with how we would
calculate the ``all others'' rate in an investigation, we are basing
the dumping margin for non-selected companies on the weighted-
average dumping margin calculated for the selected respondent, LG
Chem.
\14\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review 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)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the rate established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior 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 of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 9.66 percent, the all-others rate established in the
investigation.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See 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).
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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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 the return/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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until July 17, 2020, unless extended.\16\
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\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
Dated: July 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Constructed Export Price (CEP) Offset Treatment
Comment 2: Cost of Production (COP) Adjustment
Comment 3: Value Added Tax (VAT) Adjustment
VI. Recommendation
[FR Doc. 2020-15153 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P