Notice2022-04252
Acrylonitrile-Butadiene Rubber (NBR) From France, Mexico, and South Korea; Scheduling of the Final Phase of Anti-Dumping Duty Investigations
Primary source
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Published
March 1, 2022
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1567-1569 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of acrylonitrile- butadiene rubber (NBR) from France, Mexico, and South Korea, provided for in subheading 4002.59.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11481-11482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04252]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1567-1569 (Final)]
Acrylonitrile-Butadiene Rubber (NBR) From France, Mexico, and
South Korea; Scheduling of the Final Phase of Anti-Dumping Duty
Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation Nos. 731-TA-1567-1569 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of acrylonitrile-
butadiene rubber (NBR) from France, Mexico, and South Korea, provided
for in subheading 4002.59.00 of the Harmonized Tariff Schedule of the
United States, preliminarily determined by the Department of Commerce
(``Commerce'') to be sold at less-than-fair-value.
DATES: February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Kristina Lara ((202) 205-3386), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``acrylonitrile butadiene rubber or nitrile
rubber (AB Rubber). AB Rubber is a synthetic rubber produced by the
emulsion polymerization of butadiene and acrylonitrile with or without
the incorporation of a third component selected from methacrylic acid
or isoprene.
This scope covers AB Rubber in solid or nonaqueous liquid form. The
scope also includes carboxylated AB Rubber.
Excluded from the scope of this investigation is AB Rubber in latex
form (commonly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheading 4002.51.0000). Latex AB Rubber is
commonly either (a) acrylonitrile/butadiene polymer in latex form or
(b) acrylonitrile/butadiene/methacrylic acid polymer in latex form. The
broader definition of latex refers to a water emulsion of a synthetic
rubber obtained by polymerization.
Also excluded from the scope of this investigation is: (a) AB
Rubber containing additives incorporated during the compounding,
mixing, molding, or use of AB Rubber comprising greater than twenty
percent of the total weight of the product. Additives would include,
but are not limited to, fillers (e.g., carbon black, silica, clay);
reinforcement agents (e.g., fibers, carbon black, silica);
vulcanization agents (e.g., sulfur, sulfur complexes, peroxide); or AB
Rubber containing extension oils making up greater than forty percent
of the total weight of the product. Such products would be generally
classified under HTSUS subheading 4005; (b) AB Rubber containing
polyvinyl chloride (PVC) making up greater than twenty percent of total
weight of the product; (c) hydrogenated AB Rubber (commonly referred to
as AB Rubber) produced by subsequent dissolution and hydrogenation of
AB Rubber; and (d) reactive liquid polymers containing acrylonitrile
and butadiene with amine, epoxy, carboxyl or methacrylate vinyl
chemical functionality.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise processed in
a third country, including by modifying physical form or packaging with
another product, or performing any other finishing, packaging, or
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of manufacture
of the AB Rubber.
The merchandise subject to this investigation is classified in the
HTSUS at subheading 4002.59.0000. While the HTSUS subheading numbers
are provided for convenience and customs purposes, the written
description of the merchandise under investigation is dispositive.''
Background.--The final phase of these investigations is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of affirmative preliminary determinations
by Commerce that imports of acrylonitrile-butadiene rubber (NBR) from
France, Korea and Mexico are being sold in the United States at less
than fair value within the meaning of Sec. 733 of the Act (19 U.S.C.
1673b). The investigations were requested in a petition filed on June
30, 2021, by Zeon Chemicals L.P. and Zeon GP, LLC (collectively
``Zeon''), Louisville, Kentucky.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons,
[[Page 11482]]
or their representatives, who are parties to the investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 17,
2022, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
June 1, 2022. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Interested parties should check the
Commission's website periodically for updates. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before Thursday, May 26, 2022. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on Tuesday, May 30, 2022. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is May 24, 2022. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is June
8, 2022. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations, including
statements of support or opposition to the petition, on or before June
8, 2022. Parties may submit supplemental comments on Commerce's final
antidumping duty determinations on or before June 23, 2022.
Supplemental party comments may address only Commerce's final
determinations and may not exceed five (5) pages in length. On June 30,
2022, the Commission will make available to parties all information on
which they have not had an opportunity to comment. Parties may submit
final comments on this information on or before July 6, 2022, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: February 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-04252 Filed 2-28-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 1, 2022.
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