[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 68998-68999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-851-805]


Emulsion Styrene-Butadiene Rubber From the Czech Republic: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of emulsion styrene-butadiene rubber (ESBR) from the Czech 
Republic are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) for the period of investigation (POI) 
October 1, 2020, through September 30, 2021.

DATES: Applicable November 17, 2022.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    On June 27, 2022, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of ESBR 
from the Czech Republic, in which it also postponed the final 
determination until November 9, 2022.\1\ We invited interested parties 
to comment on the Preliminary Determination. A summary of the events 
that occurred since Commerce published the Preliminary Determination 
may be found in the Issues and Decision Memorandum.\2\
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    \1\ See Emulsion Styrene-Butadiene Rubber from the Russian 
Federation: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination and Extension 
of Provisional Measures, 87 FR 38060 (June 27, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Determination in the Less-Than-Fair-Value Investigation of Emulsion 
Styrene-Butadiene Rubber from the Czech Republic,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is ESBR from the Czech 
Republic. For a complete description of the scope of this 
investigation, see Appendix I.

Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation with respect to 
Synthos Kralupy a.s. (Synthos), in accordance with section 782(i) of 
the Tariff Act of 1930, as amended (the Act).\3\ Specifically, Commerce 
conducted on-site verifications of the home market sales, U.S. sales, 
and cost of production responses submitted by Synthos.
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    \3\ See Memoranda, ``Verification of the Cost Responses of 
Synthos Kralupy a.s. in the Antidumping Duty Investigation of 
Emulsion Styrene-Butadiene Rubber from the Czech Republic,'' dated 
August 1, 2022; and ``Less-Than-Fair-Value Investigation of Emulsion 
Styrene-Butadiene Rubber from the Czech Republic: Verification of 
Sales Responses of Synthos Kralupy a.s.,'' dated September 20, 2022.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations for Synthos. For a 
discussion of these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act (i.e., facts otherwise available).
    Commerce calculated an individual estimated weighted-average 
dumping margin for Synthos, the only individually-examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for Synthos is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period October 1, 2020, through September 
30, 2021:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Synthos Kralupy a.s.........................................        8.04
All Others..................................................        8.04
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend the liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, entered, or 
withdrawn from warehouse, for consumption on or after June 27, 2022, 
the date of publication of the affirmative Preliminary Determination in 
the Federal Register. These suspension of liquidation instructions will 
remain in effect until further notice.

[[Page 68999]]

    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, we will instruct CBP to 
require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for Synthos is the 
company-specific estimated weighted-average dumping margin determined 
in this final determination; (2) if the exporter is not a company 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
the all-others estimated weighted-average dumping margin listed above.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of the final 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of ESBR no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

Administrative Protective Order

    This notice will serve as the only reminder to the parties subject 
to an 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). 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

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: November 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are cold-polymerized 
emulsion styrene-butadiene rubber (ESB rubber). The scope of the 
investigation includes, but is not limited to, ESB rubber in primary 
forms, bales, granules, crumbs, pellets, powders, plates, sheets, 
strip, etc. ESB rubber consists of non-pigmented rubbers and oil-
extended non-pigmented rubbers, both of which contain at least one 
percent of organic acids from the emulsion polymerization process.
    ESB rubber is produced and sold in accordance with a generally 
accepted set of product specifications issued by the International 
Institute of Synthetic Rubber Producers (IISRP). The scope of the 
investigation covers grades of ESB rubber included in the IISRP 1500 
and 1700 series of synthetic rubbers. The 1500 grades are light in 
color and are often described as ``Clear'' or ``White Rubber.'' The 
1700 grades are oil-extended and thus darker in color, and are often 
called ``Brown Rubber.''
    Specifically excluded from the scope of this investigation are 
products which are manufactured by blending ESB rubber with other 
polymers, high styrene resin master batch, carbon black master batch 
(i.e., IISRP 1600 series and 1800 series) and latex (an intermediate 
product).
    The products subject to this investigation are 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 Abstracts 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 investigation is 
dispositive.

Appendix II

    List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Affiliation
VII. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available (AFA) to 
Synthos
    Comment 2: Synthos' Reported Date of Sale
    Comment 3: Whether to Cap Freight Revenue in the U.S. and Home 
Markets
    Comment 4: Whether to Use Synthos' Actual Short-Term Borrowing 
Rate
VIII. Recommendation

[FR Doc. 2022-25049 Filed 11-16-22; 8:45 am]
BILLING CODE 3510-DS-P