Emulsion Styrene-Butadiene Rubber From Poland: Final Results of Antidumping Duty Administrative Review; 2017-2018
| Citation | 84 FR 64261 |
| Record Number | 2019-25261 |
| Published date | 21 November 2019 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 225 (Thursday, November 21, 2019)
[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64261-64263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25261]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-805]
Emulsion Styrene-Butadiene Rubber From Poland: 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) determines that emulsion
styrene-butadiene rubber (ESB rubber) from Poland is being sold at less
than normal value during the period of review (POR) February 24, 2017
through August 31, 2018.
DATES: Applicable November 21, 2019.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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) 482-0193.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2019, we published the Preliminary Results of this
administrative review.\1\ We invited interested parties to comment on
the
[[Page 64262]]
Preliminary Results.2 On August 19, 2019, we received a case
brief from Lion Elastomers, LLC. (the petitioner).\3\ No other
interested party submitted comments. A hearing was not requested.
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\1\ See Emulsion Styrene-Butadiene Rubber From Poland:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 34858 (July 19, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
\3\ See Petitioner's Letter, ``Antidumping Review of Emulsion
Styrene-Butadiene Rubber (ESBR) from Poland: Case Brief,'' dated
August 19, 2019 (Case Brief).
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Scope of the Order
The merchandise subject to the order is cold-polymerized emulsion
styrene-butadiene rubber (ESB rubber).\4\ The products subject to this
order 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 order is dispositive.
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\4\ For a complete description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the 2017-2018 Administrative Review of the Antidumping Duty Order
on Emulsion Styrene-Butadiene Rubber from Poland,'' dated
concurrently with, and hereby adopted by, this notice (IDM).
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Analysis of Comments Received
All issues raised in the case brief by the petitioner to this
administrative review are addressed in the IDM. A list of the issues
raised is attached to this notice as an appendix. The IDM 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 in the Central Records Unit, room B8024 of the
main Commerce building. In addition, a complete version of the IDM can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed IDM and the electronic versions of the IDM are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the record and comments received from the
petitioner regarding the Preliminary Results, Commerce has made no
changes to the Preliminary Results. As stated in the Preliminary
Results, we found that the application of facts otherwise available
with adverse inferences, for Synthos Dwory 7 Spolka z Ograniczona
Odpowiedzialnoscia Spolka Jawna's (SP.ZO.O.S.J.) (Synthos Dwory's)
dumping margin, pursuant to sections 776(a) and (b) of the Tariff Act
of 1930, as amended (the Act), was warranted. For further discussion,
see the IDM.
Final Results of the Administrative Review
We determined that the following weighted-average dumping margin
exists for the period February 24, 2017 through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Synthos Dwory 7 Spolka z Ograniczona Odpowiedzialnoscia 44.54
Spolka Jawna's (SP.ZO.O.S.J.).............................
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (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).
For entries of subject merchandise during the POR exported/produced
by each respondent for which it did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
company(ies) involved in the transaction. 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 upon
publication of this notice of final results of administrative review
for all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
the respondent noted above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers 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 in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior 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 producers or
exporters will continue to be 25.43 percent, the all-others rate
established in the investigation.\5\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\5\ See Emulsion Styrene-Butadiene Rubber from Poland: Final
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
33061 (July 19, 2017); see also 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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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
[[Page 64263]]
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the 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: Application of Adverse Facts Available (AFA) to
Synthos Dwory
VI. Recommendation
[FR Doc. 2019-25261 Filed 11-20-19; 8:45 am]
BILLING CODE 3510-DS-P
