[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30401-30403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11954]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has preliminarily
assigned ARLANXEO Brasil S.A. (ARLANXEO Brasil), the sole respondent
subject to this antidumping duty (AD) administrative review, an AD
margin based on the application of adverse facts available (AFA). We
invite interested parties to comment on these preliminary results.
DATES: Applicable June 8, 2021.
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:
[[Page 30402]]
Background
On October 30, 2020, Commerce published in the Federal Register the
notice of initiation of an antidumping duty administrative review on
emulsion styrene-butadiene rubber (ESB rubber) from Brazil, covering
ARLANXEO Brasil for the period of review (POR) September 1, 2019,
through August 31, 2020.\1\ On November 19, 2020, Commerce issued the
AD questionnaire to the sole mandatory respondent, ARLANXEO Brasil.\2\
ARLANXEO Brasil did not respond to the AD questionnaire.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020).
\2\ See Commerce's Letter, Initial AD Questionniare, dated
November 19, 2020 (AD Questionnaire).
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
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/.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Third Antidumping Duty Administrative Review:
Emulsion Styrene Butadiene Rubber from Brazil; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by this review is certain ESB rubber from
Brazil. For a full description of the scope see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Commerce is preliminarily relying upon facts otherwise available to
determine a weighted-average dumping margin for ARLANXEO Brasil in this
review. Commerce preliminarily finds that necessary information is not
available on the record, and that ARLANXEO Brasil withheld information
requested by Commerce, failed to provide the requested information in
the form and manner requested, and significantly impeded the
proceeding, warranting a determination on the basis of the facts
available under sections 776(a)(1) and (2)(A)-(C) of the Act. Further,
Commerce preliminarily determines that ARLANXEO Brasil failed to
cooperate to the best of its ability, and thus, Commerce is applying
AFA in determining a margin for ARLANXEO Brasil, in accordance with
section 776(b) of the Act. For a full description of the methodology
underlying our conclusions regarding the application of AFA, see the
Preliminary Decision Memorandum.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period September 1, 2019 through August
31, 2020:
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Weighted-
average
Exporter/producer margin
(percent)
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ARLANXEO Brasil S.A........................................ 67.99
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Assessment Rate
Upon completion of the 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.
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.\4\ If the preliminary results are unchanged for the
final results, we will instruct CBP to apply an ad valorem assessment
rate equal to ARLANXEO Brasil's weighted-average dumping margin in the
final results of this review to all entries of subject merchandise
during the POR from ARLANXEO Brasil.
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\4\ See section 751(a)(2)(C) of the Act.
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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 deposit requirements will be effective for all
shipments of the subject merchandise 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)(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 this review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated or reviewed companies not subject to this
review, the cash deposit 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 or a previously completed review, or in the original
less-than-fair-value (LTFV) investigation, but the producer is, the
cash deposit rate will be the rate established for the most recent
segment for the producer of the merchandise; and (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 LTFV 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 Brazil: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances, 82 FR 33048 (July
19, 2019); 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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Disclosure
Normally, Commerce discloses the calculations performed in
connection with preliminary results to interested parties within five
days after the date of public announcement or publication of this
notice.\6\ Because Commerce preliminarily applied a rate based entirely
on AFA in accordance with section 776 of the Act, to the only mandatory
respondent in this review, there are no calculations to disclose.
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\6\ See 19 CFR 351.224(b).
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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
[[Page 30403]]
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 Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
\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. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined.\10\
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\9\ See 19 CFR 351.310(c).
\10\ Id.
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Final Results of Review
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.
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 POR. 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: June 2, 2021.
Christian Marsh,
Acting 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 Use of Adverse Inferences
V. Recommendation
[FR Doc. 2021-11954 Filed 6-7-21; 8:45 am]
BILLING CODE 3510-DS-P