[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Notices]
[Pages 30589-30590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12078]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-849]
Emulsion Styrene-Butadiene Rubber From Brazil: Final Results of
Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the sole
producer and/or exporter subject to this administrative review made
sales of certain emulsion styrene-butadiene rubber (ESB rubber) from
Brazil at less than normal value during the period of review (POR),
September 1, 2018, through August 31, 2019.
DATES: Applicable June 9, 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:
Background
On January 26, 2021, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results.\2\
This review covers one mandatory respondent, ARLANXEO Brasil S.A.
(ARLANXEO Brasil). On February 25, 2021, Lion Elastomers, LLC (the
petitioner), and ARLANXEO Brasil filed case briefs,\3\ and on March 4,
2021, the petitioner filed a rebuttal brief.\4\ Commerce conducted this
review in accordance with section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Emulsion Styrene-Butadiene Rubber from Brazil:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 86 FR 7066 (January 26, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
\3\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber
(E-SBR) from Brazil, Administrative Review 2018-2019: Case Brief and
Request to Participate in Hearing,'' dated February 25, 2021; see
also ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene Rubber
from Brazil: ARLANXEO's Case Brief,'' dated February 25, 2021.
\4\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber
(E-SBR) from Brazil, Administrative Review 2018-2019: Rebuttal
Brief,'' dated March 4, 2021.
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Scope of the Order
The merchandise covered by the order is certain ESB rubber from
Brazil. The merchandise subject to this order is 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. For a full description of the scope of
the order, see the Issues and Decision Memorandum.\5\
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Order on Emulsion Styrene-Butadiene Rubber from
Brazil,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the appendix to
this notice. The Issues and Decision Memorandum 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. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
We have made no changes to the weighted-average dumping margin for
ARLANXEO Brasil. For detailed information, see the Issues and Decision
Memorandum.
Final Results of the Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period September 1,
2018, through August 31, 2019:
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Weighted-
average
Exporter/producer margin
(percent)
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ARLANXEO Brasil S.A........................................ 34.93
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Disclosure of Calculations
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of an administrative
review within five days of any public announcement or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b). However, as noted above, Commerce has made no changes
to its margin calculations since the Preliminary Results. Commerce
disclosed its preliminary margin calculations to interested parties,
and there are no additional calculations to disclose.\6\
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\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Emulsion Styrene-Butadiene Rubber from Brazil: Final Results
Analysis Memorandum for ARLANXEO Brasil S.A,'' dated concurrently
with this notice (citing Memorandum, ``Antidumping Duty
Administrative Review of Emulsion Styrene Butadiene Rubber from
Brazil: Preliminary Results Analysis Memorandum for ARLANXEO Brasil
S.A,'' dated January 15, 2021).
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of their U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. Where an importer-specific assessment
rate is de minimis (i.e., less than 0.5 percent), the entries by that
importer will be liquidated without reference to antidumping duties.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of
[[Page 30590]]
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
ARLANXEO Brasil for which it did not know the 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 intermediate
company(ies) involved in the transaction.\8\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\9\ 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).
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash 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) of the Act: (1) The cash deposit rate for ARLANXEO Brasil
S.A. will be equal to the weighted-average dumping margin established
in the final results of this review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior segment of this proceeding, 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 review or the original less-
than-fair-value (LTFV) investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recently
completed segment for the producer of the subject 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.\10\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ 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 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 double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notice to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: June 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final 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: Cost Methodology
Comment 2: Level of Trade, Constructed Export Price Offset
VI. Recommendation
[FR Doc. 2021-12078 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-DS-P