Notice2023-17409
Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders
Primary source
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Published
August 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders emulsion styrene- butadiene rubber (ESB rubber) from Brazil, the Republic of Korea (Korea), Mexico, and Poland would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55011-55012]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17409]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849, A-580-890, A-201-848, A-455-805]
Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of
Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders emulsion styrene-
butadiene rubber (ESB rubber) from Brazil, the Republic of Korea
(Korea), Mexico, and Poland would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, Commerce is publishing a notice of continuation of these AD
orders.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2017, Commerce published in the Federal Register
the AD orders on ESB rubber from Brazil, Korea, Mexico, and Poland.\1\
On August 1, 2022, the ITC instituted, and Commerce initiated, the
first sunset review of the Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ As a result of its
reviews, Commerce determined that revocation of the Orders would likely
lead to the continuation or recurrence of dumping, and therefore,
notified the ITC of the magnitude of the margins of dumping likely to
prevail should the Orders be revoked.\3\
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\1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82
FR 42790 (September 12, 2017) (Orders).
\2\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico,
Poland, and South Korea; Institution of Five-Year Reviews, 87 FR
47001 (August 1, 2022); and Initiation of Five-Year (Sunset)
Reviews, 87 FR 46943 (August 1, 2022).
\3\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Final Results of the
Expedited First Sunset Reviews of the Antidumping Duty Orders, 87 FR
73286 (November 29, 2022), and accompanying Issues and Decision
Memorandum.
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On August 2, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\4\
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\4\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico,
Poland, and South Korea; Determinations, 88 FR 50911 (August 2,
2023) (ITC Final Determination).
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Scope of the Orders
The products covered by the Orders are cold-polymerized ESB rubber.
The scope of the Orders 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
investigations 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 these Orders 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 these Orders 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 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 these Orders is dispositive.
[[Page 55012]]
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be August
2, 2023.\5\ Pursuant to section 751(c)(2) of the Act, Commerce intends
to initiate the next five-year (sunset) reviews of the Orders not later
than 30 days prior to the fifth anniversary of the date of the last
determination by the Commission.
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\5\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction or
conversion to judicial protective order 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 the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17409 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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