[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38847-38849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13945]


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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; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that ARLANXEO 
Brasil S.A. (ARLANXEO Brasil) made sales of certain emulsion styrene-
butadiene rubber (ESB rubber) from Brazil at less than normal value 
during the period of review (POR) February 24, 2017 through August 31, 
2018.

DATES: Applicable June 29, 2020.

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 November 14, 2019, Commerce published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results.\2\ This review covers one respondent, ARLANXEO Brasil S.A. 
(ARLANXEO Brasil). On December 13, 2019, ARLANXEO Brasil filed a case 
brief \3\ and on December 23, 2019, the petitioner, Lion Elastomers, 
LLC, filed a rebuttal brief.\4\ On January 29, 2019, Commerce held a 
public hearing.\5\ On February 10, 2020, Commerce extended the deadline 
for issuing the final results of this review by 42 days.\6\ On April 
17, 2020, Commerce extended the deadline for issuing the final results 
of this review by an additional 18 days.\7\ On April 24, 2020,

[[Page 38848]]

Commerce tolled all deadlines in administrative reviews by 50 days, 
thereby extending the deadline for these results until July 1, 2020.\8\ 
Commerce conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 61889 (November 14, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id.
    \3\ See ARLANXEO Brasil's Letter, ``Emulsion Styrene-Butadiene 
Rubber from Brazil: ARLANXEO's Case Brief,'' dated December 13, 
2019.
    \4\ Commerce rejected the petitioner's December 23, 2019 
rebuttal brief because it contained untimely filed new factual 
information. See Commerce's Letter, ``Antidumping Duty 
Administrative Review of Emulsion Styrene-Butadiene Rubber from 
Brazil: Rejection of Rebuttal Brief,'' dated January 16, 2020. On 
January 17, 2020, the petitioner submitted a redacted rebuttal 
brief, which Commerce also rejected because it contained additional 
revisions that were not requested by Commerce. See Commerce's 
Letter, ``Antidumping Duty Administrative Review of Emulsion 
Styrene-Butadiene Rubber from Brazil: Rejection of Lion Elastomers, 
LLC's January 17, 2020 Rebuttal Brief,'' dated January 31, 2020. On 
January 31, 2020, the petitioner refiled its redacted rebuttal 
brief. See Petitioner's Letter, ``Antidumping Review of Emulsion 
Styrene-Butadiene Rubber (E-SBR) from Brazil: Rebuttal Brief,'' 
dated January 31, 2020.
    \5\ See Public Hearing Transcript (undated), submitted February 
5, 2020.
    \6\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from 
Brazil: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2017-2018,'' dated February 10, 2020.
    \7\ See Memorandum, ``Emulsion Styrene Butadiene Rubber from 
Brazil: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2017-2018,'' dated April 17, 2020.
    \8\ 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.
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Scope of the Order

    The merchandise covered by the order is certain emulsion styrene-
butadiene rubber from Brazil. 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. For a full 
description of the scope, see the Issues and Decision Memorandum.\9\
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    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Order on Emulsion Styrene-Butadiene Rubber from 
Brazil,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. 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 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and an analysis of the comments 
received from parties regarding the Preliminary Results, we have made 
changes to the weighted-average dumping margin for ARLANXEO Brasil. For 
detailed information, see the Issues and Decision Memorandum.

Final Results of the Review

    As a result of this review, Commerce determines that the following 
weighted-average dumping margin exists for the period February 24, 2017 
through August 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
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ARLANXEO Brasil S.A.........................................       21.22
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Disclosure of Calculations

    We intend to disclose the calculations performed for these final 
results within five days of the date of publication of this notice to 
parties in this proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protections (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of antidumping duties 
calculated for each importer's examined sales and the total entered 
value of the sales in accordance with 19 CFR 351.212(b)(1).
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication 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) of the Act: (1) The cash deposit rate for ARLANXEO Brasil 
S.A. will be equal to the weighted-average dumping margin established 
in the final results of this review; (2) for merchandise exported by 
companies 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 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, the all-
others rate established in the less-than-fair-value investigation.\11\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \11\ 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 review period. 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.

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to 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

[[Page 38849]]

and the terms of an APO is a sanctionable violation.

Notice to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Sales Occurred at Different Levels of Trade
    Comment 2: Whether to Deduct Impostos Sobre Produtos 
Industrializados (IPI) Taxes from Home-Market Price
    Comment 3: Preliminary Margin Calculations
VI. Recommendation

[FR Doc. 2020-13945 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P