[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7066-7067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01638]


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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; 2018-2019

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 
was sold in the United States at less than normal value during the 
period of review September 1, 2018 through August 31, 2019. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable January 26, 2021.

FOR FURTHER INFORMATION: 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 12, 2019, Commerce published in the Federal Register 
the notice of initiation of an antidumping duty administrative review 
on ESB rubber from Brazil.\1\ This administrative review covers one 
producer/exporter of the subject merchandise, ARLANXEO Brasil S.A. 
(ARLANXEO Brasil).\2\ On April 24, 2020, Commerce tolled all deadlines 
in administrative reviews by 50 days.\3\ On June 23, 2020, Commerce 
extended the deadline for the preliminary results of this review by an 
additional 119 days.\4\ On July 21, 2020, Commerce tolled all deadlines 
for preliminary and final results in administrative reviews by an 
additional 60 days until January 19, 2020.\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, 84 FR 61011 (November 12, 2019).
    \2\ Id.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Emulsion Styrene Butadiene Rubber from Brazil: Extension 
of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated June 23, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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 the Second Antidumping Duty Administrative Review: 
Emulsion Styrene Butadiene Rubber from Brazil; 2018-2019,'' 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. In addition, a complete version of the Preliminary 
Decision Memorandum is available at http://enforcement.trade.gov/frn/. 
The signed and 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 September 1, 2018 through August 
31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
ARLANXEO Brasil S.A.........................................       34.93
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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 seven 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 completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\10\ If the respondent's weighted-average dumping margin is 
above de minimis (i.e., less than 0.5 percent) in the final results of 
this review, we will calculate importer-specific ad valorem duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for an importer's examined sales and the total 
entered value of the sales, in accordance with 19 CFR 
351.212(b)(1).\11\ If a

[[Page 7067]]

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\
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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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    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. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

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 ARLANXEO Brasil 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: January 15, 2021.
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. 2021-01638 Filed 1-25-21; 8:45 am]
BILLING CODE 3510-DS-P