[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34858-34860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15408]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-455-805]


Emulsion Styrene-Butadiene Rubber From Poland: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of emulsion styrene-butadiene rubber (ESB rubber) from 
Poland were made at less than normal value during the period of review 
(POR) February 24, 2017 through August 31, 2018. We invite interested 
parties comment on these preliminary results.

DATES: Applicable July 19, 2019.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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) 482-0193.

[[Page 34859]]


SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2018, Commerce notified interested parties of the 
opportunity to request an administrative review of orders, findings, or 
suspended investigations with anniversaries in September 2018, 
including the antidumping duty (AD) order on ESB rubber from Poland.\1\ 
Commerce received a request from Lion Elastomers LLC (the petitioner) 
to conduct an administrative review of Synthos Dwory.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 45888 (September 11, 2018).
    \2\ See Petitioner's Letter, ``Antidumping Duty Order on 
Emulsion Styrene Butadiene Rubber from Poland (A-455-805): Request 
for First Administrative Review,'' dated September 28, 2018.
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    On November 15, 2018, Commerce published a notice initiating an AD 
administrative review of ESB rubber from Poland covering one company, 
Synthos Dwory, for the POR.\3\ On November 15, 2018, we issued the AD 
questionnaire to Synthos Dwory.\4\ On December 17, 2018, Synthos Dwory 
informed Commerce that it would not participate as a mandatory 
respondent in this administrative review.\5\ Commerce exercised its 
discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018 through the resumption of 
operations on January 29, 2019.\6\ If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. Accordingly, the revised deadline for the 
preliminary results of this administrative review is July 12, 2019.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411, 57413 (November 15, 2018) 
(Initiation Notice). The Initiation Notice inadvertently lists the 
company as ``Synthos Dwory 7 Spolka z Orgraniczona 
Odpowiedzialnoscia Spolka Jawna (SP.ZO.O.S.J.)'', but in the company 
name there should not be an ``r'' between ``O'' and ``g'' in the 
word ``Orgraniczona''. This error was corrected in the initiation 
notice published on December 11, 2018. See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 83 FR 63615, 63617-
18 (December 11, 2018).
    \4\ See Commerce's Letter, ``Request for Information Antidumping 
Duty Administrative Review,'' dated November 15, 2018.
    \5\ See Synthos Dwory's Letter, ``Emulsion Styrene-Butadiene 
Rubber from Poland: Notification of Inability to Participate as 
Mandatory Respondent,'' dated December 17, 2018.
    \6\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Scope of the Order

    The merchandise subject to the order is cold-polymerized emulsion 
styrene-butadiene rubber (ESB rubber).\7\ The products subject to this 
order 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 this order is dispositive.
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    \7\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for Preliminary Results of the 
2017-2018 Antidumping Duty Administrative Review of Emulsion 
Styrene-Butadiene Rubber from Poland'', dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce has conducted this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
In conducting our preliminary results, we have relied on facts 
available and, because the respondent withdrew from participation in 
the administrative review and failed to respond to Commerce's 
questionnaire, we have preliminarily applied an adverse inference to 
this respondent (i.e., Synthos Dwory), in accordance with sections 
776(a) and (b) of the Act and 19 CFR 351.308. For a full discussion of 
the rationale underlying our preliminary results, see the Preliminary 
Decision Memorandum.
    A list of topics included in the Preliminary Decision Memorandum is 
included as an Appendix 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 http://access.trade.gov and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily find that the 
following dumping margin exists for Synthos Dwory for the period 
February 24, 2017 through August 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Synthos Dwory 7 Spolka z Ograniczona Odpowiedzialnoscia            44.54
 Spolka Jawna (SP.ZO.O.S.J.)................................
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Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the date of publication of the notice of preliminary results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because Commerce preliminarily applied AFA to Synthos Dwory, the only 
individually examined company in this administrative review, in 
accordance with section 776 of the Act, there are no calculations to 
disclose.
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\8\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the deadline for filing case briefs.\9\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
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.\10\ Case and rebuttal briefs should be filed 
electronically using ACCESS.\11\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. The electronically-filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\12\ Hearing requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be

[[Page 34860]]

limited to issues raised in the briefs. If a request for a hearing is 
made, Commerce intends to notify parties of the time and date and for 
the hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined.\13\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(c).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\14\ An electronically filed document must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time, on the due dates established above (or, where applicable, to be 
established by Commerce at a later date). Documents excepted from the 
electronic submission requirements must be filed manually, (i.e., in 
paper form) with the APO/Dockets Unit in Room 18022 and stamped with 
the date and time of receipt by on the due date.\15\
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    \14\ See 19 CFR 351.303.
    \15\ Id.
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    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis 
raised in any written briefs, not later than 120 days after the 
publication date of this notice.\16\
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    \16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Commerce intends to issue assessment 
instructions to CBP 15 days after the publication of the final results 
of this review. Where assessments are based upon facts available, 
including adverse facts available, we intend to instruct CBP to assess 
duties at the adverse facts available margin rate. If these preliminary 
results are unchanged in the final results, then Commerce intends to 
instruct CBP to assess antidumping duties on POR entries of the subject 
merchandise produced or exported by Synthos Dwory at the rate of 44.54 
percent of the entered value. The final results of this review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of ESB rubber from Poland entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for Synthos Dwory will 
be the rate established in the final results of this administrative 
review; (2) for previously reviewed or investigated companies not 
participating in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review or the original less-than-fair-value 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
25.43 percent, the all-others rate established in the less-than-fair 
value investigation.\17\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \17\ See Emulsion Styrene-Butadiene Rubber from Poland: Final 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
33061 (July 19, 2017); see also Emulsion Styrene-Butadiene Rubber 
from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping 
Duty Orders, 82 FR 42790 (September 12, 2017).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and section 19 CFR 
351.221(b)(4).

    Dated: July 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Recommendation

[FR Doc. 2019-15408 Filed 7-18-19; 8:45 am]
BILLING CODE 3510-DS-P