Notice2021-20748
Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) has continued to base the dumping margin for the sole respondent under review, ARLANXEO Brasil S.A. (ARLANXEO Brasil), on total adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). The period of review (POR) is September 1, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 183 (Friday, September 24, 2021)</title>
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[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53033-53034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20748]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has continued to base
the dumping margin for the sole respondent under review, ARLANXEO
Brasil S.A. (ARLANXEO Brasil), on total adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act). The period of review (POR) is September 1, 2019,
through August 31, 2020.
DATES: Applicable September 24, 2021.
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 June 8, 2021, Commerce published the Preliminary Results.\1\
This administrative review covers one producer/exporter of subject
merchandise, ARLANXEO Brasil. We invited interested parties to comment
on the Preliminary Results.\2\ No party submitted comments on the
Preliminary Results. Accordingly, the final results remain unchanged
from the Preliminary Results.
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\1\ See Emulsion Styrene-Butadiene Rubber From Brazil:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 30401 (June 8, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Id.
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On August 9, 2021, after the issuance of the Preliminary Results,
Commerce invited interested parties to comment on emulsion styrene-
butadiene rubber (ESB rubber) grading, an issue raised by interested
parties in the 2019-2020 administrative review of ESB rubber from
Mexico.\3\ Between August 19 and 20, 2021, interested parties submitted
comments on product grading.\4\ However, Commerce has applied total AFA
in determining ARLANXEO Brasil's weighted-average dumping margin in the
instant administrative review. As such, the issue of product grading,
which affects model matching in margin calculations, is moot because
Commerce performed no margin calculations in this review.\5\ Therefore,
Commerce has not addressed the issue of product grading in these final
results of review.
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\3\ Commerce placed on the record of this proceeding excerpts of
the questionnaire response of Industrias Negromex S.A. de C.V.
(Negromex), a respondent in the 2019-2020 administrative review
emulsion styrene-butadiene rubber from Mexico. The excerpts of the
questionnaire response related to Negromex's claim that its
merchandise classified as ``Grade E1778R'' is equivalent to the
International Institute of Synthetic Rubber Producers Grade E1763
merchandise. See Memorandum, ``Soliciting Comments on Product
Grading,'' dated August 9, 2021.
\4\ See Lion Elastomers, LLC (the petitioner)'s Letter,
``Antidumping Review of the Antidumping Duty Order on Emulsion
Styrene Butadiene Rubber (E-SBR) from Brazil and Mexico: Lion
Elastomers, LLC's Comments on Product Grading,'' dated August 19,
2021; see also Negromex and its affiliated U.S. importer, Dynasol,
LLC's Letter, ``Emulsion Styrene Butadiene Rubber from Brazil and
Mexico Comments on Product Grading,'' dated August 20, 2021.
\5\ See Preliminary Results, 86 FR 30401, and accompanying PDM
at 2-6.
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Commerce conducted this review in accordance with section
751(a)(1)(B) and (2) of the Act.
Scope of the Order
The merchandise covered by the Order is certain ESB rubber from
[[Page 53034]]
Brazil.\6\ 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.\7\
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\6\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82
FR 42790 (September 12, 2017) (Order).
\7\ For a full description of the scope of the Order, see the
Preliminary Results PDM at 2.
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Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Act, Commerce continues
to base ARLANXEO Brasil's dumping margin on total AFA, because it
withheld requested information by declining to respond to our initial
questionnaire.\8\ We have continued to use an AFA rate of 67.99
percent, which is the highest dumping margin alleged in the
petition.\9\
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\8\ See Preliminary Results PDM at 2-6.
\9\ Id. at 5-6.
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Final Results of Review
As noted above, Commerce received no comments concerning the
Preliminary Results. As there are no changes from, or comments upon,
the Preliminary Results, Commerce finds that there is no reason to
modify its analysis and calculations. Accordingly, we adopt the
analysis and explanation in our Preliminary Results for the purposes of
these final results of review and we have not prepared an Issues and
Decision Memorandum to accompany this Federal Register notice.
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period September 1,
2019, through August 31, 2020:
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Weighted-
Exporter/producer average margin
(percent)
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ARLANXEO Brasil S.A.................................... 67.99
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of an administrative
review within five days of its public announcement or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce applied total AFA to the
mandatory respondent under review in accordance with section 776 of the
Act, there are no calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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)(C) of the Act: (1) The cash deposit rate for ARLANXEO Brasil
S.A. will be equal to the rate listed for ARLANXEO Brasil in the table
above; (2) for merchandise exported by producers or exporters 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 less-than-fair-value
(LTFV) 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 ad valorem, the all-others cash deposit rate established in the
LTFV investigation.\10\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ 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 POR. 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.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), 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 and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: September 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-20748 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 24, 2021.
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