Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures
Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017)
Federal Register Volume 82, Number 36 (Friday, February 24, 2017)
Notices
Pages 11536-11538
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2017-03637
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DEPARTMENT OF COMMERCE
International Trade Administration
A-580-890
Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily determines that emulsion styrene-butadiene rubber (ESB rubber) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016.
DATES: Effective February 24, 2017.
FOR FURTHER INFORMATION CONTACT: Carrie Bethea or Kabir Archuletta, 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) 482-1491 or (202) 482-2593, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on August 19, 2016.\1\ The Department postponed the preliminary determination of this investigation until February 16, 2017.\2\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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 http://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version are identical in content.
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\1\ 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) (Initiation Notice).
\2\ See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Postponement of Preliminary Determination of Sales at Less Than Fair Value Investigations, 81 FR 85208 (November 25, 2016).
\3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ``Decision Memorandum for the Preliminary Determination in the Less Than Fair Value Investigation of Emulsion Styrene-Butadiene Rubber from Korea,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is ESB rubber from Korea. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for interested parties to raise issues regarding product coverage (i.e., scope).\5\ No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 773 of the Act. Normal value (NV) For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in Part
In accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily find that critical circumstances do not exist for LG Chem, Ltd. (LG Chem). However, because Daewoo International Corporation (Daewoo) and Kumho Petrochemical Co, Ltd (Kumho) did not respond to the Department's questionnaires, we have determined pursuant to sections 776(a) and (b) of the Act, that critical circumstances exist for both Daewoo and Kumho as adverse facts available (AFA). For a full description of the methodology and results of our critical circumstances analysis, see the Preliminary Decision Memorandum.
Adverse Facts Available
Daewoo and Kumho were each selected as a mandatory respondent, but each failed to respond to the Department's questionnaires. Accordingly, we preliminarily determine to based their dumping margins on AFA, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we applied the
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highest dumping margin calculated for Korean exports of subject merchandise contained in the petition,\6\ 44.30 percent. For further discussion, see the Preliminary Decision Memorandum.
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\6\ See the Petitions for the Imposition of Antidumping Duties on Emulsion Styrene Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland, dated July 21, 2016.
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All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually investigated, which shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.
The Department calculated a company-specific rate for LG Chem that is not zero, de minimis or determined entirely under section 776 of the Act. However, the Department is preliminarily applying AFA, pursuant to section 776(a) and (b) of the Act, to Daewoo and Kumho. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-average dumping margin calculated for LG Chem as the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration.
Preliminary Determination
The Department preliminarily determines that the following weighted-average dumping margins exist:
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Weighted-
average
Exporter/producer margins
(percent)
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LG Chem, Ltd................................................ 11.63
Daewoo International Corporation............................ 44.30
Kumho Petrochemical Co, Ltd................................. 44.30
All-Others.................................................. 11.63
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price. These suspension of liquidation instructions will remain in effect until further notice.
Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. The Department preliminarily finds that critical circumstances exist for imports of subject merchandise produced and exported by Daewoo and Kumho. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from the exporters identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.
Disclosure
We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination.
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional Measures
Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Section 351.210(e)(2) of the Department's regulations requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.
On January 10, 2017, pursuant to 19 CFR 351.210(e), LG Chem requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\8\ In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month
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period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination.
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\8\ See Letter to the Secretary of Commerce from LG Chem, entitled, ``LG Chem's Request for Extension of Final Determination and Provisional Measures,'' dated January 10, 2017.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we are notifying the International Trade Commission (ITC) of our preliminary affirmative determination. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
For purposes of this investigation, the product covered is 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 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 investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
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Summary
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Background
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Period of Investigation
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Scope Comments
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Discussion of the Methodology
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Determination of the Comparison Method
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Results of the Differential Pricing Analysis
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Date of Sale
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Product Comparisons
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Export Price and Constructed Export Price
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Normal Value
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Home Market Viability
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Level of Trade
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Cost of Production (COP) Analysis
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Calculation of COP
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Test of Comparison Market Sales Prices
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Results of the COP Test
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Calculation of NV Based on Comparison Market Prices
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Application of Facts Available and Use of Adverse Inference
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Application of Facts Available
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Use of Adverse Inference
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Selection and Corroboration of the AFA Rate
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Preliminary Affirmative Determination of Critical Circumstances, In Part
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Legal Framework
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Critical Circumstances Analysis
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Analysis
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Currency Conversion
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Conclusion
FR Doc. 2017-03637 Filed 2-23-17; 8:45 am
BILLING CODE 3510-DS-P
