[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64261-64263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25261]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-455-805]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that emulsion 
styrene-butadiene rubber (ESB rubber) from Poland is being sold at less 
than normal value during the period of review (POR) February 24, 2017 
through August 31, 2018.

DATES: Applicable November 21, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 19, 2019, we published the Preliminary Results of this 
administrative review.\1\ We invited interested parties to comment on 
the

[[Page 64262]]

Preliminary Results.2 On August 19, 2019, we received a case 
brief from Lion Elastomers, LLC. (the petitioner).\3\ No other 
interested party submitted comments. A hearing was not requested.
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    \1\ See Emulsion Styrene-Butadiene Rubber From Poland: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 34858 (July 19, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id.
    \3\ See Petitioner's Letter, ``Antidumping Review of Emulsion 
Styrene-Butadiene Rubber (ESBR) from Poland: Case Brief,'' dated 
August 19, 2019 (Case Brief).
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Scope of the Order

    The merchandise subject to the order is cold-polymerized emulsion 
styrene-butadiene rubber (ESB rubber).\4\ 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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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the 2017-2018 Administrative Review of the Antidumping Duty Order 
on Emulsion Styrene-Butadiene Rubber from Poland,'' dated 
concurrently with, and hereby adopted by, this notice (IDM).
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Analysis of Comments Received

    All issues raised in the case brief by the petitioner to this 
administrative review are addressed in the IDM. A list of the issues 
raised is attached to this notice as an appendix. The IDM 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 https://access.trade.gov and in the Central Records Unit, room B8024 of the 
main Commerce building. In addition, a complete version of the IDM can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed IDM and the electronic versions of the IDM are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the record and comments received from the 
petitioner regarding the Preliminary Results, Commerce has made no 
changes to the Preliminary Results. As stated in the Preliminary 
Results, we found that the application of facts otherwise available 
with adverse inferences, for Synthos Dwory 7 Spolka z Ograniczona 
Odpowiedzialnoscia Spolka Jawna's (SP.ZO.O.S.J.) (Synthos Dwory's) 
dumping margin, pursuant to sections 776(a) and (b) of the Tariff Act 
of 1930, as amended (the Act), was warranted. For further discussion, 
see the IDM.

Final Results of the Administrative Review

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

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

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. We 
will calculate importer-specific assessment rates on the basis of the 
ratio of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1).
    For entries of subject merchandise during the POR exported/produced 
by each respondent for which it did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
company(ies) involved in the transaction. We intend to issue 
liquidation instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
the respondent noted above will be the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this administrative 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 was 
reviewed; (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 of this proceeding for the producer of the subject 
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 investigation.\5\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \5\ 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 Regarding the Reimbursement of Duties

    This notice also serves as a final 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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).


[[Page 64263]]


    Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Application of Adverse Facts Available (AFA) to 
Synthos Dwory
VI. Recommendation

[FR Doc. 2019-25261 Filed 11-20-19; 8:45 am]
BILLING CODE 3510-DS-P