Notice2022-09246
Emulsion Styrene-Butadiene Rubber From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value
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
April 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that emulsion styrene-butadiene rubber (ESBR) from Italy is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25447-25449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09246]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-844]
Emulsion Styrene-Butadiene Rubber From Italy: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that emulsion styrene-butadiene rubber (ESBR) from Italy is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is October 1, 2020, through
September 30, 2021. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable April 29, 2022.
FOR FURTHER INFORMATION CONTACT: Zachary Le Vene, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0056.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on December
10, 2021.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from the Czech
Republic, Italy, and the Russian Federation: Initiation of Less-
Than-Fair-Value Investigations, 86 FR 70447 (December 10, 2021)
(Initiation Notice).
\2\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from
Italy: Decision Memorandum for the Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ESBR from Italy. For a
complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ On January 10,
2022, we received timely-filed comments from the petitioner regarding
the scope of this investigation that affirmed the scope published in
the Initiation Notice.\5\ We received no rebuttal comments regarding
the scope of the investigation. Thus, Commerce is not preliminarily
modifying the scope language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 86 FR at 70451.
\5\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber
from Czech Republic, Italy and Russian Federation: Petitioner's
Comments on Scope and Product Characteristics,'' dated January 10,
2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. The only mandatory respondent, Versalis S.p.A.
(Veralis), submitted a letter of non-participation for this
investigation on January 7, 2022.\6\ As a result, pursuant to section
776(a) and (b) of the Act, Commerce has preliminarily relied upon facts
otherwise available, with adverse inferences for Versalis. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Versalis's Letter, ``Emulsion Styrene-Butadiene Rubber
from Italy: Notification of Non-Participation in Investigation,''
dated January 7, 2022.
---------------------------------------------------------------------------
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the
[[Page 25448]]
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
This rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Commerce has preliminarily determined the estimated weighted-
average dumping margin for the individually examined respondent under
section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B)
of the Act, Commerce's normal practice under these circumstances has
been to calculate the all-others rate as a simple average of the
alleged dumping margin(s) from the petition.\7\ For a full description
of the methodology underlying Commerce's analysis, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
Notice of Final Determination of Sales at Less Than Fair Value: Raw
Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008);
and Steel Threaded Rod from Thailand: Preliminary Determination of
Sales at Less Than Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR 79670, 79671
(December 31, 2013), unchanged in Steel Threaded Rod from Thailand:
Final Determination of Sales at Less Than Fair Value and Affirmative
Final Determination of Critical Circumstances, 79 FR 14476, 14477
(March 14, 2014).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Versalis S.p.A.......................................... * 28.97
All Others.............................................. * 28.97
------------------------------------------------------------------------
* (AFA).
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the sole individually examined company, Versalis, in this
investigation, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the petition, there are no
calculations to disclose.
Verification
Because the examined respondent in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines the sole examined respondent to have been uncooperative, we
will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\8\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\9\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
[[Page 25449]]
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: April 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are cold-plymerized
emulsion styrene-butadiene rubber (ESBR). The scope of the
investigation includes, but is not limited to, ESBR in primary
forms, bales, granules, crumbs, pellets, powders, plates, sheets,
strip, etc. ESBR 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.
ESBR is produced and sold in accordance with a generally
accepted set of product specifications issued by the Intenrnational
Institute of Synthetic Rubber Producers (IISRP). The scope of the
investigation covers grades of ESBR 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 this investigation are
products which are manufactured by blending ESBR with other
polymers, high styrene resin master batch, carbon clack master batch
(i.e., IISRP 1600 series and 1800 series) and latex (an intermediate
product).
The products subject to this investigation are currently
classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United States (HTSUS). ESBR is
described by Chemical Abstracts 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 investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Use of Facts Available with Adverse Inferences
VII. All-Others Rate
VIII. Verification
IX. Recommendation
[FR Doc. 2022-09246 Filed 4-28-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 29, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.