[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47342-47343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17030]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849]


Emulsion Styrene-Butadiene Rubber From Brazil: Amended 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) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on emulsion styrene-butadiene rubber (ESB rubber) from Brazil to 
correct two ministerial errors.

DATES: Applicable August 5, 2020.

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 June 29, 2020, Commerce published its Final Results of the 2017-
2018 administrative review of the AD order on ESB rubber from 
Brazil.\1\ On June 30, 2020, ARLANXEO Brasil S.A. (ARLANXEO Brasil), 
the sole respondent in this administrative review, timely submitted 
ministerial error comments regarding Commerce's Final Results.\2\ On 
July 6, 2020, the petitioner \3\ filed timely ministerial error 
rebuttal comments.\4\ Commerce is amending its Final Results to correct 
two ministerial errors raised by ARLANXEO Brasil.
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    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil: Final 
Results of Antidumping Duty Administrative Review; 2017-2018, 85 FR 
38847 (June 29, 2020) (Final Results).
    \2\ See ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene 
Rubber from Brazil: Ministerial Error Comments on the Final Results 
Margin Calculation for ARLANXEO,'' dated June 30, 2020.
    \3\ The petitioner is Lion Elastomers, LLC.
    \4\ See Petitioner's Letter, ``Antidumping Review of Emulsion 
Styrene-Butadiene Rubber (E-SBR) from Brazil: Reply to ARLANXEO's 
Ministerial Error Comments,'' dated July 6, 2020.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \5\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review. . . .''
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    \5\ See 19 CFR 351.224(f).
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Ministerial Error

    Commerce committed two errors within the meaning of section 751(h) 
of the Act and 19 CFR 351.224(f). First, Commerce committed a clerical 
error with respect to setting the window period established by 19 CFR 
351.414 for the matching of sales, which impacted the matching of U.S. 
sales to home-market sales by the month in which the sale occurred. 
Specifically, contrary to our intent, in the margin calculation program 
we set the beginning of the window period at February 1, 2017 rather 
than November 1, 2016. Second, Commerce committed a calculation error 
in analyzing the data related to an alleged sample sale. Specifically, 
Commerce made an arithmetical error, and as a result, incorrectly 
concluded that the sale was made for consideration such that it should 
be included in the margin calculation. As clerical and arithmetic 
errors, these constitute ministerial errors within the meaning of 19 
CFR 351.224(f). Accordingly, Commerce determines that, in accordance 
with section 751(h) of the Act and 19 CFR 351.224(f), it made 
ministerial errors in the Final Results. Pursuant to 19 CFR 351.224(e), 
Commerce is amending the Final Results to reflect the correction of 
these ministerial errors in the calculation of the final weighted-
average dumping margin assigned to ARLANXEO Brasil, which changes from 
21.22 percent to 18.38 percent.\6\
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    \6\ See Memorandum, ``Ministerial Error Memorandum for the Final 
Results of the 2017-2018 Antidumping Duty Administrative Review of 
Emulsion Styrene-Butadiene Rubber from Brazil,'' dated concurrently 
with, and hereby adopted by, this notice.
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Amended Final Results of the Review

    As a result of correcting these ministerial errors described above, 
Commerce determines that, for the period of review (POR) February 24, 
2017 through August 31, 2018, the following weighted-average dumping 
margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
ARLANXEO Brasil S.A........................................       18.38
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculation performed for these amended 
final results in accordance with 19 CFR 351.224(b).

Antidumping Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protections (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the amended 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).
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these amended final results of review for which the reviewed companies 
did not know that the merchandise they sold to

[[Page 47343]]

the intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\7\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
withdrawn from warehouse, for consumption on or after June 29, 2020, 
the date of publication of the Final Results of this administrative 
review, as provided for by section 751(a)(2)(C) of the Act: (1) The 
cash deposit rate for ARLANXEO Brasil will be equal to the weighted-
average dumping margin established in these amended final results of 
review; (2) for producers or exporters not covered 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; (3) if the exporter is 
not a firm covered in this review or another completed segment of this 
proceeding, but the producer is, then the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) if neither the 
exporter nor the producer is a firm covered in this or any previously 
completed segment of this proceeding, then the cash deposit rate will 
be the all-others rate of 19.61 percent established in the less-than-
fair-value investigation.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ 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 also serves as a final 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 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 disposition 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 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

    These amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17030 Filed 8-4-20; 8:45 am]
BILLING CODE 3510-DS-P