[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39534-39536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14191]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-890]
Emulsion Styrene-Butadiene Rubber From the Republic of Korea:
Preliminary Results of the Administrative Review of the Antidumping
Duty Order; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
sales of emulsion styrene butadiene rubber (ESB rubber) from the
Republic of Korea (Korea) were made at less than normal value during
the period of review (POR) September 1, 2018 through August 31, 2019.
We invite interested parties to comment on these preliminary results.
DATES: Applicable July 1, 2020.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2019, Commerce initiated the administrative review
of the antidumping duty order on ESB rubber from Korea in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\
This review covers seven producers/exporters of subject merchandise.\2\
On December 13, 2019, Commerce selected LG Chem, Ltd. (LG Chem) as the
sole mandatory respondent for this review.\3\ On January 13, 2020, LG
Chem notified Commerce that it would not participate in this
administrative review.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019).
\2\ Id., 84 FR 61014.
\3\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order of Emulsion Styrene-Butadiene Rubber from the Republic of
Korea: Respondent Selection,'' dated December 13, 2019.
\4\ See LG Chem's Letter, ``Emulsion Styrene-Butadiene Rubber
(ESBR) from Korea: LG Chem's Decision to Stop Participating in AD
Review,'' dated January 13, 2020.
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On April 24, 2020, Commerce tolled deadlines in all administrative
reviews by 50 days, thereby extending the deadline for these results
until July 21, 2020.\5\ For details regarding the events that occurred
subsequent to the initiation of the review, see the Preliminary
Decision Memorandum.\6\
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order:
Emulsion Styrene-Butadiene Rubber from the Republic of Korea; 2018-
2019,'' 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 order is emulsion styrene-butadiene
rubber from Korea. For a full description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available with
adverse inferences (AFA) for LG Chem, because this respondent notified
Commerce that it would not participate in the review.
For a full description of the methodology and analysis underlying
the preliminary application of AFA, see the Preliminary Decision
Memorandum. A list of topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice. 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 can be
accessed directly at http://enforcement.trade.gov/frn/. The signed and
the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Rates for Non-Selected Companies
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle,\7\ we are applying a rate based on the
rate preliminarily applied to LG Chem in this administrative review
(i.e., 44.30 percent) to the companies not selected
[[Page 39535]]
for individual examination. This is the only rate determined in this
review for an individual respondent, and thus, it is appropriate to
apply this rate to the non-selected companies under section
735(c)(5)(B) of the Act. For a detailed discussion, see the Preliminary
Decision Memorandum.
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\7\ See Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed.
Cir. 2016) (Albemarle).
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Preliminary Results of the Review
We preliminary determine that the following weighted-average
dumping margin exists for the period September 1, 2018 through August
31, 2019:
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Dumping
Exporter/producer margin
(percent)
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LG Chem Ltd................................................. 44.30
Daewoo International Corporation............................ 44.30
Hyundai Glovis Co........................................... 44.30
Kukje Trading Corp.......................................... 44.30
Kumho Petrochemical Co. Ltd................................. 44.30
Sungsan International Co., Ltd.............................. 44.30
WE International Co., Ltd................................... 44.30
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Assessment Rates
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.\8\ 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.\9\ If the preliminary results are unchanged
for the final results, we will instruct CBP to apply an ad valorem
assessment rate of 44.30 percent to all entries of subject merchandise
during the POR from LG Chem and the companies which were not selected
for individual examination.
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\8\ See 19 CFR 351.212(b).
\9\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
the publication date of the final results of this review.
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 each specific
company listed above will be equal to the dumping margin established in
the final results of this review; (2) for previously-investigated
companies not participating in 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 review,
or the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 9.66 percent, the all-others rate
established in the LTFV investigation.\10\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See 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 and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results within five days
of the date of publication of the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However, there
are no calculations to disclose here because, in accordance with
section 776 of the Act, Commerce preliminarily applied AFA to LG Chem,
the only mandatory respondent subject to this review.\11\
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\11\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Initiation of Less-Than-Fair-
Value Investigations, 81 FR 55438 (August 19, 2016), and
accompanying Initiation Checklist: Emulsion Styrene-Butadiene Rubber
from the Republic of Korea at 10.
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. 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.\12\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has modified certain of its requirements
for serving documents containing business proprietary information,
until July 17, 2020, unless extended.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii) and (d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR
29615 (May 18, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See Temporary Rule.
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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 through Commerce's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice. 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 and rebuttal briefs.
Final Results of Review
Unless otherwise extended, 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 this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also 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 doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: June 25, 2020.
Jeffrey I. Kessler,
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 Adverse Inferences
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V. Recommendation
[FR Doc. 2020-14191 Filed 6-30-20; 8:45 am]
BILLING CODE 3510-DS-P