[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55011-55012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17409]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849, A-580-890, A-201-848, A-455-805]


Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of 
Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders emulsion styrene-
butadiene rubber (ESB rubber) from Brazil, the Republic of Korea 
(Korea), Mexico, and Poland would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of these AD 
orders.

DATES: Applicable August 2, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, Commerce published in the Federal Register 
the AD orders on ESB rubber from Brazil, Korea, Mexico, and Poland.\1\ 
On August 1, 2022, the ITC instituted, and Commerce initiated, the 
first sunset review of the Orders, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ As a result of its 
reviews, Commerce determined that revocation of the Orders would likely 
lead to the continuation or recurrence of dumping, and therefore, 
notified the ITC of the magnitude of the margins of dumping likely to 
prevail should the Orders be revoked.\3\
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    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017) (Orders).
    \2\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, 
Poland, and South Korea; Institution of Five-Year Reviews, 87 FR 
47001 (August 1, 2022); and Initiation of Five-Year (Sunset) 
Reviews, 87 FR 46943 (August 1, 2022).
    \3\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Final Results of the 
Expedited First Sunset Reviews of the Antidumping Duty Orders, 87 FR 
73286 (November 29, 2022), and accompanying Issues and Decision 
Memorandum.
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    On August 2, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
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    \4\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, 
Poland, and South Korea; Determinations, 88 FR 50911 (August 2, 
2023) (ITC Final Determination).
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Scope of the Orders

    The products covered by the Orders are cold-polymerized ESB rubber. 
The scope of the Orders 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 
investigations 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 these Orders 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 these Orders 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 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 these Orders is dispositive.

[[Page 55012]]

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Orders. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be August 
2, 2023.\5\ Pursuant to section 751(c)(2) of the Act, Commerce intends 
to initiate the next five-year (sunset) reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the date of the last 
determination by the Commission.
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    \5\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction or 
conversion to judicial protective order 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 which is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17409 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-DS-P