5796 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

1See Acrylonitrile-Butadiene Rubber from 

France, the Republic of Korea, and Mexico: 

Initiation of Less-Than-Fair-Value Investigations, 86 

FR 40192 (July 27, 2021) (Initiation Notice). 

2See Acrylonitrile-Butadiene Rubber from 

France, the Republic of Korea, and Mexico: 

Postponement of Preliminary Determinations of 

Antidumping Duty Investigations, 86 FR 64185 

(November 17, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Acrylonitrile-Butadiene 

Rubber from the Republic of Korea,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See Memorandum, ‘‘Antidumping Duty 

Investigations of Acrylonitrile-Butadiene Rubber 

from France, the Republic of Korea, and Mexico: 

Preliminary Scope Decision Memorandum,’’ dated 

concurrently with this preliminary determination 

(Preliminary Scope Decision Memorandum). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–912] 

Acrylonitrile-Butadiene Rubber From 

the Republic of Korea: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Preliminary 

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 

(Commerce) preliminarily determines 

that acrylonitrile-butadiene rubber (AB 

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 April 1, 2020, 

through March 31, 2021. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable February 2, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Kinter, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1413. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on July 27, 2021.1 On November 17, 

2021, Commerce postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now January 26, 2022.2 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 https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is AB rubber from Korea. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 in the 

Initiation Notice Commerce set aside a 

period of time for parties to raise issues 

regarding product coverage (i.e., scope).5

Certain interested parties commented on 

the scope of the investigation as it 

appeared in the Initiation Notice. For a 

summary of the product coverage 

comments and rebuttal responses 

submitted to the record for this 

preliminary determination, and 

accompanying analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.6 Based 

on Commerce’s analysis of the parties’ 

comments, Commerce is preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice. See 

the revised scope in Appendix I to this 

notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export price in accordance 

with section 772(a) of the Act. Normal 

value is calculated in accordance with 

section 773 of the Act. Furthermore, 

pursuant to section 776(a) and (b) of the 

Act, Commerce has preliminarily relied 

upon facts otherwise available to assign 

the estimated weighted-average 

dumping margin to mandatory 

respondent LG Chemical, Ltd. (LG 

Chem) because it did not submit a 

response to Commerce’s antidumping 

duty questionnaire. Further, Commerce 

preliminarily determined that LG Chem 

failed to cooperate by not acting to the 

best of its ability to comply with a 

request for information and is using an 

adverse inference when selecting from 

among the facts otherwise available, in 

accordance with section 776(b) of the 

Act. For a full description of the 

methodology underlying the 

preliminary determination, 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, Commerce 

preliminarily finds that critical 

circumstances do not exist for Kumho 

Petrochemical Co., Ltd. (Kumho), but do 

exist for LG Chem and the companies 

covered by the all-others rate. For a full 

description of the methodology and 

results of Commerce’s critical 

circumstances analysis, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that in the 

preliminary determination Commerce 

shall determine an estimated all-others 

rate for all exporters and producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage 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. 

In this investigation, Commerce 

preliminarily assigned a rate based 

entirely on facts available to LG Chem. 

Therefore, the only rate that is not zero, 

de minimis or based entirely on facts 

otherwise available is the rate calculated 

for Kumho. Consequently, the rate 

calculated for Kumho is also assigned as 

the rate for all other producers and 

exporters. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Kumho Petrochemical Co., Ltd. 19.20 

LG Chemical, Ltd ........................ 35.21 

All Others .................................... 19.20 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5797 

7See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

8See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006 

(March 26, 2020) (Temporary Rule); and Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

9See 19 CFR 351.310(d). 

10See Kumho’s Letter, ‘‘Request to Postpone the 

Final Determination,’’ dated January 14, 2022. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) The cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margins determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

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 subject 

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. Commerce preliminarily 

finds that critical circumstances exist 

for imports of subject merchandise 

produced or exported by LG Chem and 

the companies covered by the all-others 

rate. In accordance with section 

733(e)(2)(A) of the Act, the suspension 

of liquidation shall apply to 

unliquidated entries of shipments of 

subject merchandise from the producers 

or 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. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination 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). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this investigation. Accordingly, we 

intend to verify the information relied 

upon in making the final determination 

through alternative means in lieu of an 

on-site verification. 

Public Comment 

The deadlines for the submission of 

case and rebuttal briefs with respect to 

scope issues are specified in the 

Preliminary Scope Decision 

Memorandum. Interested parties will be 

notified of the deadline for the 

submission of case briefs with respect to 

non-scope issues at a later date. Rebuttal 

briefs, limited to issues raised in nonscope-related case briefs, may be 

submitted no later than seven days after 

the deadline date for case briefs.7 Note 

that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.8 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation 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. 

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, parties 

will be notified of the time and date for 

the hearing.9

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 no 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 petitioner. 

Section 351.210(e)(2) of Commerce’s 

regulations requires that a request by 

exporters for postponement of the final 

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 14, 2022, pursuant to 19 

CFR 351.210(e), Kumho requested that 

Commerce postpone the final 

determination and that provisional 

measures be extended to a period not to 

exceed six months.10 In accordance with 

section 735(a)(2)(A) of the Act and 19 

CFR 351.210(b)(2)(ii), because: (1) The 

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, Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its preliminary determination. If the 

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 the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 


jspears on DSK121TN23PROD with NOTICES1
5798 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

Notification to Interested Parties 

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: January 26, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I—Scope of the Investigation 

The product covered by this investigation 

is commonly referred to as acrylonitrile 

butadiene rubber or nitrile rubber (AB 

Rubber). AB Rubber is a synthetic rubber 

produced by the emulsion polymerization of 

butadiene and acrylonitrile with or without 

the incorporation of a third component 

selected from methacrylic acid or isoprene. 

This scope covers AB Rubber in solid or nonaqueous liquid form. The scope also includes 

carboxylated AB Rubber. 

Excluded from the scope of this 

investigation is AB Rubber in latex form 

(commonly classified under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheading 4002.51.0000). Latex AB Rubber 

is commonly either (a) acrylonitrile/ 

butadiene polymer in latex form or (b) 

acrylonitrile/butadiene/methacrylic acid 

polymer in latex form. The broader definition 

of latex refers to a water emulsion of a 

synthetic rubber obtained by polymerization. 

Also excluded from the scope of this 

investigation is: (a) AB Rubber containing 

additives incorporated during the 

compounding, mixing, molding, or use of AB 

Rubber comprising greater than twenty 

percent of the total weight of the product. 

Additives would include, but are not limited 

to, fillers (e.g. carbon black, silica, clay); 

reinforcement agents (e.g. fibers, carbon 

black, silica); vulcanization agents (e.g. 

sulfur, sulfur complexes, peroxide); or AB 

Rubber containing extension oils making up 

greater than forty percent of the total weight 

of the product. Such products would be 

generally classified under HTSUS 

subheading 4005; (b) AB Rubber containing 

polyvinyl chloride (PVC) making up greater 

than twenty percent of total weight of the 

product; (c) hydrogenated AB Rubber 

(commonly referred to as AB Rubber) 

produced by subsequent dissolution and 

hydrogenation of AB Rubber; (d) reactive 

liquid polymers containing acrylonitrile and 

butadiene with amine, epoxy, carboxyl or 

methacrylate vinyl chemical functionality. 

Subject merchandise includes material 

matching the above description that has been 

finished, packaged, or otherwise processed in 

a third country, including by modifying 

physical form or packaging with another 

product, or performing any other finishing, 

packaging, or processing that would not 

otherwise remove the merchandise from the 

scope of the investigation if performed in the 

country of manufacture of the AB Rubber. 

The merchandise subject to this 

investigation is classified in the HTSUS at 

subheading 4002.59.0000. While the HTSUS 

subheading numbers are provided for 

convenience and customs purposes, the 

written description of the merchandise under 

investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Application of Facts Available and Use of 

Adverse Inferences 

V. Discussion of the Methodology 

VI. Date of Sale 

VII. Product Comparisons 

VIII. Export Price 

IX. Normal Value 

X. Preliminary Determination of Critical 

Circumstances 

XI. Currency Conversion 

XII. Recommendation 

[FR Doc. 2022–02113 Filed 2–1–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Open Meeting of the Information 

Security and Privacy Advisory Board 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: The Information Security and 

Privacy Advisory Board (ISPAB) will 

meet Wednesday, March 09, 2022 and 

Thursday, March 10, 2022 from 10:00 

a.m. until 4:30 p.m., Eastern Time. All 

sessions will be open to the public. 

DATES: The meeting will be held on 

Wednesday, March 09, 2022 and 

Thursday, March 10, 2022 from 10:00 

a.m. until 4:30 p.m., Eastern Time. 

ADDRESSES: The meeting will be a 

virtual meeting via webinar. Please note 

admittance instructions under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Brewer, Information Technology 

Laboratory, National Institute of 

Standards and Technology, Telephone: 

(301) 975–2489, Email address: 

jeffrey.brewer@nist.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

as amended, 5 U.S.C. App., notice is 

hereby given that the ISPAB will hold 

an open meeting Wednesday, March 09, 

2022 and Thursday, March 10, 2022 

from 10:00 a.m. until 4:30 p.m., Eastern 

Time. All sessions will be open to the 

public. The ISPAB is authorized by 15 

U.S.C. 278g–4, as amended, and advises 

the National Institute of Standards and 

Technology (NIST), the Secretary of 

Homeland Security, and the Director of 

the Office of Management and Budget 

(OMB) on information security and 

privacy issues pertaining to Federal 

government information systems, 

including through review of proposed 

standards and guidelines developed by 

NIST. Details regarding the ISPAB’s 

activities are available at https://

csrc.nist.gov/projects/ispab. 

The agenda is expected to include the 

following items: 

—Briefing from NIST on recent 

activities from the Information 

Technology Laboratory, 

—Presentation from NIST on the 

Artificial Intelligence Risk 

Management Framework, 

—Discussion on Cryptographic 

Brittleness and issues in 

implementations, 

—Presentation from NIST on Open 

Source Cybersecurity Assessment 

Language (OSCAL), 

—Discussion on the United States 

Government participation in National 

and International Standards 

Development Organizations, 

—Briefing on NIST Cybersecurity 

Updates, 

—Public Comments. 

Note that agenda items may change 

without notice. The final agenda will be 

posted on the ISPAB event page at: 

https://csrc.nist.gov/Events/2022/ispabmarch-2022-meeting. 

Public Participation: Written 

questions or comments from the public 

are invited and may be submitted 

electronically by email to Jeff Brewer at 

the contact information indicated in the 

FOR FURTHER INFORMATION CONTACT

section of this notice by 5 p.m. on 

Tuesday, March 08, 2022. 

The ISPAB agenda will include a 

period, not to exceed thirty minutes, for 

submitted questions or comments from 

the public between 3:30 p.m. and 4:00 

p.m. on Wednesday, March 09, 2022. 

Submitted questions or comments from 

the public will be selected on a firstcome, first-served basis and limited to 

five minutes per person. 

Members of the public who wish to 

expand upon their submitted 

statements, those who had wished to 

submit a question or comment but could 

not be accommodated on the agenda, 

and those who were unable to attend the 

meeting via webinar are invited to 

submit written statements. In addition, 

written statements are invited and may 

be submitted to the ISPAB at any time. 

All written statements should be 

directed to the ISPAB Secretariat, 

Information Technology Laboratory by 

email to: Jeffrey.Brewer@nist.gov. 

Admittance Instructions: All 

participants will be attending via 

webinar and must register via the 


jspears on DSK121TN23PROD with NOTICES1