[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61889-61891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849]


Emulsion Styrene-Butadiene Rubber From Brazil: 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 certain emulsion styrene-butadiene rubber (ESB rubber) from Brazil 
is being, or is likely to be, sold in the United States at less than 
fair value. Interested

[[Page 61890]]

parties are invited to comment on these preliminary results.

DATES: Applicable November 14, 2019.

FOR FURTHER INFORMATION CONTACT: Drew Jackson, 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) 482-4406.

SUPPLEMENTARY INFORMATION: 

Background

    On November 15, 2018, Commerce published in the Federal Register 
the notice of initiation of an antidumping duty administrative review 
on ESB rubber from Brazil.\1\ The review covers one producer/exporter 
of the subject merchandise, ARLANXEO Brasil S.A. (ARLANXEO Brasil).\2\ 
The period of review (POR) is February 24, 2017 through August 31, 
2018.\3\ 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.\4\ As a 
result, the revised deadline for the preliminary results of this 
administrative review became July 12, 2019. On June 7, 2019, we 
extended the preliminary results until November 7, 2019.\5\ Interested 
parties are invited to comment on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018).
    \3\ Id.
    \4\ 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.
    \5\ See Memorandum, ``2017-2018 Antidumping Duty Administrative 
Review of Emulsion Styrene Butadiene Rubber: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated June 7, 2019.
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Scope of the Order

    The product covered by this review is certain emulsion styrene-
butadiene rubber from Brazil. For a full description of the scope see 
the Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Emulsion Styrene-
Butadiene Rubber from Brazil; 2017-2018,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of the 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 
made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available 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 is available at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period February 24, 2017 through August 
31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
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ARLANXEO Brasil S.A.........................................       24.97
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Disclosure

    We intend to disclose the calculations performed for these 
preliminary results to the interested parties within five days after 
public announcement of the preliminary results in accordance with 19 
CFR 351.224(b).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to the Assistant Secretary for Enforcement and Compliance not 
later than 30 days after the date of publication of this notice, unless 
the Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\7\ Parties who submit case briefs or 
rebuttal briefs in this administrative review 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\
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    \7\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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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. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\9\ 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 limited to 
those raised in the respective case briefs. Commerce intends to issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of these preliminary 
results in the Federal Register, pursuant to section 751(a)(3)(A) of 
the Act, unless extended.
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    \9\ See 19 CFR 351.310(c).
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Assessment Rate

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\10\ If a 
respondent's weighted-average dumping margin is above de minimis in the 
final results of this review, we will calculate an importer-specific 
assessment rate based on the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of the sales in accordance with 19 CFR 351.212(b)(1).\11\ If a 
respondent's weighted-average dumping margin or an importer-specific 
assessment rate is zero or de minimis in the final results of review, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties in accordance with the Final Modification 
for Reviews.\12\ The final results of this administrative review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable. We intend to issue liquidation instructions

[[Page 61891]]

to CBP 15 days after publication of the final results of this review.
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    \10\ See 19 CFR 351.212(b).
    \11\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \12\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of ESB rubber from Brazil 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2)(C) of the Act: (1) 
The cash deposit rate for company subject to this review will be equal 
to the weighted-average dumping margin established in the final results 
of the review; (2) for merchandise exported by companies not covered in 
this review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment for the producer of the merchandise; 
(4) the cash deposit rate for all other producers or exporters will 
continue to be 19.61 percent, the all-others rate established in the 
less-than-fair-value investigation.\13\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \13\ See Emulsion Styrene-Butadiene Rubber From Brazil: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances, 82 FR 33048 (July 
19, 2019).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: November 7, 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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2019-24730 Filed 11-13-19; 8:45 am]
 BILLING CODE 3510-DS-P