Notice2022-15101
Emulsion Styrene-Butadiene Rubber (ESBR) From Czechia and Russia; Scheduling of the Final Phase of Antidumping Duty Investigations
Primary source
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Published
July 15, 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-1575 & 731-TA-1577 (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 emulsion styrene-butadiene rubber ("ESBR") from Czechia and Russia, provided for in statistical reporting numbers 4002.19.0015 and 4002.19.0019 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 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42498-42500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15101]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1575 & 731-TA-1577 (Final)]
Emulsion Styrene-Butadiene Rubber (ESBR) From Czechia and Russia;
Scheduling of the Final Phase of Antidumping 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-1575 & 731-TA-1577
(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
emulsion styrene-butadiene rubber (``ESBR'') from Czechia and Russia,
provided for in statistical reporting numbers 4002.19.0015 and
4002.19.0019 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: June 27, 2022.
FOR FURTHER INFORMATION CONTACT: Charles Cummings ((202) 708-1666),
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 ``cold-polymerized emulsion styrene-
butadiene rubber (ESBR). The scope of the investigations includes, but
is not limited to, ESBR in primary forms, bales, granules, crumbs,
pellets, powders, plates, sheets, strip, etc. ESBR consists of
nonpigmented rubbers and oil-extended nonpigmented 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
International Institute of Synthetic Rubber Producers (IISRP). The
scope of the investigations 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 the
investigations are products which are manufactured by blending ESBR
with other polymers, high styrene resin master batch, carbon black
master batch (i.e., IISRP 1600 series and 1800 series) and latex (an
intermediate product).''
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 ESBR from Czechia and Russia 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 effective November 15, 2021, by Lion
Elastomers LLC (Port Neches, Texas).
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, 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 October
14, 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 November
8, 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
November 1, 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 November 3, 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 October 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
November 15,
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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
November 15, 2022. On December 1, 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 December 5, 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.
Issued: July 11, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-15101 Filed 7-14-22; 8:45 am]
BILLING CODE 7020-02-P
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