[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65114-65115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25654]
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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 Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
emulsion styrene-butadiene (ESB rubber) from the Republic of Korea
(Korea) is being, or is likely to be, sold, at less than normal value
in the United States during the period of review (POR) February 24,
2017 through August 31, 2018. We invite all interested parties to
comment on these preliminary results.
DATES: Applicable November 26, 2019.
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
Commerce is conducting an administrative review of the antidumping
duty order on ESB rubber from Korea in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).\1\ On
November 15, 2018, in accordance with 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of the Order covering seven
companies.\2\ On December 3, 2018, Commerce selected LG Chem, Ltd. (LG
Chem) as the mandatory respondent for this review.\3\ Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018, through the
resumption of operations on January 28, 2019.\4\ On June 20, 2019,
Commerce postponed the preliminary results of this review. The revised
deadline for the preliminary results is November 7, 2019.\5\
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\1\ See Emulsion Styrene-Butadiene Rubber from the Republic of
Korea: Final Affirmative Determination of Sales at Less Than Fair
Value, and Final Affirmative Determination of Critical
Circumstances, in Part, 82 FR 33045, July 19, 2017 (Order).
\2\ See Initiation of Antidumping or Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\3\ See Memorandum, ``Administrative Review of Emulsion Styrene-
Butadiene Rubber from the Republic of Korea: Respondent Selection,''
dated December 3, 2018.
\4\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties to the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in the segment of the proceeding
have been extended by 40 days.
\5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from the
Republic of Korea: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review, 2017-2018,'' dated June 20,
2019.
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Scope of the Order
The product covered by this Order is ESB rubber from Korea. For a
full description of the scope, see the Preliminary Decision
Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Emulsion Styrene-
Butadiene Rubber from the Republic of Korea; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with 751 of the
Act. Export price and constructed export price are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of our
methodology underlying the preliminary results, see the Preliminary
Decision Memorandum. A list of topics included in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
The Preliminary 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,
and to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. 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-Examined Companies
As a result of this review, we calculated a preliminary weighted-
average dumping margin for LG Chem. Accordingly, Commerce has
preliminarily assigned to the companies not selected for individual
examination the margin calculated for LG Chem.
Preliminary Results of Review
We preliminarily determine that the following weighted average
dumping margins exist, for the period of February 24, 2017 through
August 31, 2018:
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\7\ We note that in the Initiation Notice, we spelled Daewoo
International Corporation as ``Daewoo International Corporatin.''
However, the spelling should have been ``Daewoo International
Corporation.'' See Lion Elastomers LLC's Letter, ``Antidumping Duty
Order on Emulsion Styrene Butadiene Rubber From Korea (A-580-890):
Request for First Administrative Review,'' dated September 28, 2018.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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LG Chem, Ltd................................................ 2.83
Daewoo International Corporation \7\........................ 2.83
Kumho Petrochemical Co. Ltd................................. 2.83
Sungsan International Co, Ltd............................... 2.83
WE International Co., Ltd................................... 2.83
Kukje Trading Corp.......................................... 2.83
Hyundai Glovis Co., Ltd..................................... 2.83
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If LG Chem's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate an importer-specific ad valorem antidumping duty assessment
rate based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. If LG Chem's
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of
[[Page 65115]]
antidumping duties on entries of merchandise covered by this review
where applicable.
In accordance with our practice, for entries of subject merchandise
during the POR produced by LG Chem for which the company did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate those entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction. We intend to issue 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 the companies
under review will be the rate established in the final results of this
review (except, if the ad valorem rate is de minimis, then the cash
deposit rate will be zero); (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
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 investigation.\8\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\8\ See Order.
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties in these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs not 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 five days after the date for filing case briefs. 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. Case and
rebuttal briefs should be filed using ACCESS.
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 by 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; (3) whether any
participant is a foreign national; and (4) a list of issues parties
intend to discuss. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined.\9\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\9\ See 19 CFR 351.310(c).
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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 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of the antidumping duties by the amount of the
antidumping duties reimbursement.
Notification to Interested Parties
The preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: November 6, 2019.
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. Companies Note Selected for Individual Examination
V. Comparisons to Normal Value
VI. Date of Sale
VII. U.S. Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2019-25654 Filed 11-25-19; 8:45 am]
BILLING CODE 3510-DS-P