Cargo System Messaging Service Announcement of

Initiation of Antidumping Duty Investigations:

Emulsion Styrene-Butadiene Rubber from the Czech Republic, Italy, and the Russian Federation

On December 6, 2021, the Department of Commerce (Commerce) initiated its less-than-fair-value duty investigations on “Emulsion Styrene-Butadiene Rubber from the Czech Republic, Italy, and the Russian Federation” (Initiation Notices).  These investigations have been assigned the following case numbers: A-851-805 (Czech Republic) A-475-844 (Italy) A-821-835 (Russia).

The Scope of Merchandise covered by these investigations reads as follows:

The products covered by these investigations are cold-polymerized emulsion styrene-butadiene rubber (ESB rubber).  The scope of the investigations 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 investigations 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 these investigations 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 these investigations 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 Abstracts 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 these investigations is dispositive.

Requirements For Submitting Comments On The Scope Of The Investigations: 

Please be sure to comply with all three requirements established below.

Deadline for Submitting Comments:

As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope).  The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate.  If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information.  Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on December 27, 2021, which is 20 calendar days from the signature date of this notice.  Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on January 6, 2022, which is 10 calendar days after the initial comments deadline.  Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period.  However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information.  All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.

Required Entry of Appearance:

Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance.  Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access).  Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.  If you have an E-Filer account for Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), you may also enter your appearance by logging into ACCESS at https://access.trade.gov and clicking on “Manage Entry of Appearance” and then “Create New Entry of Appearance.”

All submissions to Commerce must be filed electronically using ACCESS.  An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due.  Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.¹

For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:

ACCESS:  Help Link 

https://access.trade.gov/help.aspx

ACCESS:  External User Guide https://access.trade.gov/help/ACCESS_User_Guide.pdf

ACCESS:  Handbook on Electronic Filing Procedures

https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf

Federal Register notice:  Antidumping and Countervailing Duty Proceedings:  Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)

http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf

Enforcement and Compliance:  Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)

http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf

Enforcement and Compliance:  General Filing Requirements https://enforcement.trade.gov/filing/index.html

Required Certifications 

Understanding Critical Circumstances for Antidumping and Countervailing Duties

Critical circumstances is a provision in both the antidumping and countervailing Duty (AD/CVD) laws that allows for the limited retroactive imposition of duties if certain conditions are met.  Importers should be aware that entries of subject merchandise made after the initiation of an AD/CVD investigation may retroactively be subject to AD/CVD.  

A finding of critical circumstances is an important tool for Commerce and the U.S. International Trade Commission (ITC) to offset possible import surges during the early period of an AD/CVD investigation.  The petitioner in an AD/CVD investigation may allege critical circumstances during an investigation up to 21 days before the date of Commerce’s final determination.  If Commerce makes a determination that critical circumstances exist, it has the statutory authority to order the retroactive suspension of liquidation and posting of a cash deposit for entries made before the issuance of a Preliminary and/or Final AD/CVD determination.   

Commerce’s authority to suspend entries retroactively for AD/CVD is limited to those entries made on or after the later of: (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register.  In either case, AD/CVD cash deposits are due on entries subject to critical circumstances determinations. 

If, following a preliminary determination by Commerce that critical circumstances exist, both Commerce and the ITC reach a final affirmative determination of dumping or subsidization, but either agency makes a negative final determination of critical circumstances, Commerce will instruct U.S. Customs and Border Protection (CBP) to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries.  Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case. 

AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230: 

Leo Ayala at (202) 482-3945 (Antidumping Duty Investigation from Czech Republic);

Zachary Le Vene at (202) 482-0056 (Antidumping Duty Investigation from Italy);

Caitlin Monks at (202) 482-2670 (Antidumping Duty Investigation from the Russian Federation (Russia)).

Determinations related to these proceedings, issued by Commerce and the ITC, will be published in the Federal Register.  Parties may also view Commerce’s public AD/CVD instructions to CBP in ACE and “ADD CVD Search” at https://aceservices.cbp.dhs.gov/adcvdweb.

1.       See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).