Notice2022-25049
Emulsion Styrene-Butadiene Rubber From the Czech Republic: Final 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
November 17, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of emulsion styrene-butadiene rubber (ESBR) from the Czech Republic are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2020, through September 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 68998-68999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-805]
Emulsion Styrene-Butadiene Rubber From the Czech Republic: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of emulsion styrene-butadiene rubber (ESBR) from the Czech
Republic are being, or are likely to be, sold in the United States at
less than fair value (LTFV) for the period of investigation (POI)
October 1, 2020, through September 30, 2021.
DATES: Applicable November 17, 2022.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, 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) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
On June 27, 2022, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of ESBR
from the Czech Republic, in which it also postponed the final
determination until November 9, 2022.\1\ We invited interested parties
to comment on the Preliminary Determination. A summary of the events
that occurred since Commerce published the Preliminary Determination
may be found in the Issues and Decision Memorandum.\2\
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\1\ See Emulsion Styrene-Butadiene Rubber from the Russian
Federation: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination and Extension
of Provisional Measures, 87 FR 38060 (June 27, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Less-Than-Fair-Value Investigation of Emulsion
Styrene-Butadiene Rubber from the Czech Republic,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is ESBR from the Czech
Republic. For a complete description of the scope of this
investigation, see Appendix I.
Analysis of Comments Received
All the issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation with respect to
Synthos Kralupy a.s. (Synthos), in accordance with section 782(i) of
the Tariff Act of 1930, as amended (the Act).\3\ Specifically, Commerce
conducted on-site verifications of the home market sales, U.S. sales,
and cost of production responses submitted by Synthos.
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\3\ See Memoranda, ``Verification of the Cost Responses of
Synthos Kralupy a.s. in the Antidumping Duty Investigation of
Emulsion Styrene-Butadiene Rubber from the Czech Republic,'' dated
August 1, 2022; and ``Less-Than-Fair-Value Investigation of Emulsion
Styrene-Butadiene Rubber from the Czech Republic: Verification of
Sales Responses of Synthos Kralupy a.s.,'' dated September 20, 2022.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we have made
certain changes to the margin calculations for Synthos. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act (i.e., facts otherwise available).
Commerce calculated an individual estimated weighted-average
dumping margin for Synthos, the only individually-examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for Synthos is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Synthos Kralupy a.s......................................... 8.04
All Others.................................................. 8.04
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in this final determination within five days of
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend the liquidation of all appropriate entries of subject
merchandise, as described in Appendix I of this notice, entered, or
withdrawn from warehouse, for consumption on or after June 27, 2022,
the date of publication of the affirmative Preliminary Determination in
the Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
[[Page 68999]]
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon publication of this notice, we will instruct CBP to
require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for Synthos is the
company-specific estimated weighted-average dumping margin determined
in this final determination; (2) if the exporter is not a company
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
the all-others estimated weighted-average dumping margin listed above.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of the final
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of ESBR no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice will serve as the only reminder to the parties subject
to an 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). Timely written
notification of return or 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
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: November 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are cold-polymerized
emulsion styrene-butadiene rubber (ESB rubber). The scope of the
investigation includes, but is not limited to, ESB rubber in primary
forms, bales, granules, crumbs, pellets, powders, plates, sheets,
strip, etc. ESB rubber 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.
ESB rubber 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
investigation covers grades of ESB rubber 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 ESB rubber 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).
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). ESB rubber
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Affiliation
VII. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to
Synthos
Comment 2: Synthos' Reported Date of Sale
Comment 3: Whether to Cap Freight Revenue in the U.S. and Home
Markets
Comment 4: Whether to Use Synthos' Actual Short-Term Borrowing
Rate
VIII. Recommendation
[FR Doc. 2022-25049 Filed 11-16-22; 8:45 am]
BILLING CODE 3510-DS-P
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