[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53033-53034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20748]


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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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has continued to base 
the dumping margin for the sole respondent under review, ARLANXEO 
Brasil S.A. (ARLANXEO Brasil), on total adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act). The period of review (POR) is September 1, 2019, 
through August 31, 2020.

DATES: Applicable September 24, 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 June 8, 2021, Commerce published the Preliminary Results.\1\ 
This administrative review covers one producer/exporter of subject 
merchandise, ARLANXEO Brasil. We invited interested parties to comment 
on the Preliminary Results.\2\ No party submitted comments on the 
Preliminary Results. Accordingly, the final results remain unchanged 
from the Preliminary Results.
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    \1\ See Emulsion Styrene-Butadiene Rubber From Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 30401 (June 8, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id.
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    On August 9, 2021, after the issuance of the Preliminary Results, 
Commerce invited interested parties to comment on emulsion styrene-
butadiene rubber (ESB rubber) grading, an issue raised by interested 
parties in the 2019-2020 administrative review of ESB rubber from 
Mexico.\3\ Between August 19 and 20, 2021, interested parties submitted 
comments on product grading.\4\ However, Commerce has applied total AFA 
in determining ARLANXEO Brasil's weighted-average dumping margin in the 
instant administrative review. As such, the issue of product grading, 
which affects model matching in margin calculations, is moot because 
Commerce performed no margin calculations in this review.\5\ Therefore, 
Commerce has not addressed the issue of product grading in these final 
results of review.
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    \3\ Commerce placed on the record of this proceeding excerpts of 
the questionnaire response of Industrias Negromex S.A. de C.V. 
(Negromex), a respondent in the 2019-2020 administrative review 
emulsion styrene-butadiene rubber from Mexico. The excerpts of the 
questionnaire response related to Negromex's claim that its 
merchandise classified as ``Grade E1778R'' is equivalent to the 
International Institute of Synthetic Rubber Producers Grade E1763 
merchandise. See Memorandum, ``Soliciting Comments on Product 
Grading,'' dated August 9, 2021.
    \4\ See Lion Elastomers, LLC (the petitioner)'s Letter, 
``Antidumping Review of the Antidumping Duty Order on Emulsion 
Styrene Butadiene Rubber (E-SBR) from Brazil and Mexico: Lion 
Elastomers, LLC's Comments on Product Grading,'' dated August 19, 
2021; see also Negromex and its affiliated U.S. importer, Dynasol, 
LLC's Letter, ``Emulsion Styrene Butadiene Rubber from Brazil and 
Mexico Comments on Product Grading,'' dated August 20, 2021.
    \5\ See Preliminary Results, 86 FR 30401, and accompanying PDM 
at 2-6.
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    Commerce conducted this review in accordance with section 
751(a)(1)(B) and (2) of the Act.

Scope of the Order

    The merchandise covered by the Order is certain ESB rubber from

[[Page 53034]]

Brazil.\6\ 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.\7\
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    \6\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017) (Order).
    \7\ For a full description of the scope of the Order, see the 
Preliminary Results PDM at 2.
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Use of Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce continues 
to base ARLANXEO Brasil's dumping margin on total AFA, because it 
withheld requested information by declining to respond to our initial 
questionnaire.\8\ We have continued to use an AFA rate of 67.99 
percent, which is the highest dumping margin alleged in the 
petition.\9\
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    \8\ See Preliminary Results PDM at 2-6.
    \9\ Id. at 5-6.
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Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, Commerce finds that there is no reason to 
modify its analysis and calculations. Accordingly, we adopt the 
analysis and explanation in our Preliminary Results for the purposes of 
these final results of review and we have not prepared an Issues and 
Decision Memorandum to accompany this Federal Register notice.
    As a result of this review, Commerce determines that the following 
weighted-average dumping margin exists for the period September 1, 
2019, through August 31, 2020:

------------------------------------------------------------------------
                                                            Weighted-
                   Exporter/producer                      average margin
                                                            (percent)
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ARLANXEO Brasil S.A....................................           67.99
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of an administrative 
review within five days of its 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, because Commerce applied total AFA to the 
mandatory respondent under review in accordance with section 776 of the 
Act, there are no calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. 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 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 
S.A. will be equal to the rate listed for ARLANXEO Brasil in the table 
above; (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 ad valorem, the all-others cash deposit 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 serves as the only reminder to parties subject to 
administrative protective order (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/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 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: September 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-20748 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-DS-P