[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Notices]
[Pages 40192-40197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15895]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-832, A-580-912, A-201-855]


Acrylonitrile-Butadiene Rubber From France, the Republic of 
Korea, and Mexico: Initiation of Less-Than-Fair-Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable July 20, 2021.

FOR FURTHER INFORMATION CONTACT: Patrick Barton at (202) 482-0012 
(France); Andre Gziryan at (202) 482-2201 (Republic of Korea); and 
Dennis McClure at (202) 482-5973 (Mexico); AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On June 30, 2021, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of acrylonitrile-
butadiene rubber (AB Rubber) from France, the Republic of Korea 
(Korea), and Mexico filed in proper form on behalf of the 
petitioner,\1\ a domestic producer of AB Rubber.\2\
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    \1\ Zeon Chemicals L.P. and Zeon GP, LLC (collectively, Zeon) 
(the petitioner).
    \2\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties: Acrylonitrile-Butadiene Rubber from France, 
Mexico and South Korea,'' dated June 30, 2021 (the Petitions).
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    On July 2, 2021, July 6, 13, and 14, 2021, Commerce requested 
supplemental information pertaining to certain aspects of the Petitions 
in

[[Page 40193]]

separate supplemental questionnaires.\3\ The petitioner filed responses 
to the supplemental questionnaires on July 7, 12, 14, 15, 2021.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Acrylonitrile-Butadiene Rubber from 
France, Mexico, and the Republic of Korea: Supplemental Questions,'' 
dated July 2, 2021 (General Issues Supplemental); ``Petition for the 
Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from France: Supplemental Questions,'' dated July 
6, 2021 (France Supplemental); ``Petition for the Imposition of 
Antidumping Duties on Imports of Acrylonitrile-Butadiene Rubber from 
the Republic of South Korea: Supplemental Questions,'' dated July 6, 
2021; ``Petition for the Imposition of Antidumping Duties on Imports 
of Acrylonitrile-Butadiene Rubber from Mexico: Supplemental 
Questions,'' dated July 6, 2021 (Mexico Supplemental); Memorandum, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Acrylonitrile-Butadiene Rubber from France: Phone Call with Counsel 
to the Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for 
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from the Republic of Korea: Phone Call with Counsel 
to the Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for 
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from Mexico: Phone Call with Counsel to the 
Petitioner,'' dated July 13, 2021; Memorandum, ``Petition for the 
Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from France: Phone Call with Counsel to the 
Petitioner,'' dated July 14, 2021; and Memorandum, ``Petition for 
the Imposition of Antidumping Duties on Imports of Acrylonitrile-
Butadiene Rubber from Mexico: Phone Call with Counsel to 
Petitioner,'' dated July 14, 2021.
    \4\ See Petitioner's Letters, ``Zeon Chemical L.P. and Zeon GP, 
LLC's Response to General Issues Questionnaire,'' dated July 7, 2021 
(General Issues Supplement); ``Acrylonitrile Butadiene Rubber from 
France: Supplemental Questionnaire,'' dated July 12, 2021; 
``Acrylonitrile Butadiene Rubber from the Republic of South Korea: 
Supplemental Questionnaire,'' dated July 12, 2021; ``Acrylonitrile 
Butadiene Rubber from Mexico: Supplemental Questionnaire,'' dated 
July 12, 2021; ``Zeon Chemical L.P. and Zeon GP, LLC's Response to 
Questions Raised in July 13, 2021 Phone Call with Counsel to the 
Petitioner,'' dated July 14, 2021; and ``Acrylonitrile-Butadiene 
Rubber from France and Mexico: Zeon Chemical L.P. and Zeon GP, LLC's 
Response to Questions Raised in July 14, 2021 Phone Call with 
Counsel to the Petitioner,'' dated July 15, 2021.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleged that imports of AB Rubber 
from France, Korea, and Mexico are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the domestic AB 
Rubber industry in the United States. Consistent with section 732(b)(1) 
of the Act, the Petitions are accompanied by information reasonably 
available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested AD investigations.\5\
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    \5\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on June 30, 2021, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) for the France, 
Korea, and Mexico AD investigations is April 1, 2020, through March 31, 
2021.

Scope of the Investigations

    The product covered by these investigations is AB Rubber from 
France, Korea, and Mexico. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On July 2, 2021, Commerce requested information and clarification 
from the petitioner regarding the proposed scope to ensure that the 
scope language in the Petitions is an accurate reflection of the 
products for which the domestic industry is seeking relief.\6\ On July 
7, 2021, the petitioner revised the scope.\7\ The description of 
merchandise covered by these investigations, as described in the 
appendix to this notice, reflects these clarifications.
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    \6\ See General Issues Supplemental at 3-4.
    \7\ See General Issues Supplement at 2-4.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on August 9, 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 August 19, 2021, which is 
10 calendar days from the initial comment deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during this 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 
submissions must be filed on the records of the concurrent AD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of AB Rubber to be reported 
in response to Commerce's AD questionnaires. This information will be 
used to identify the key physical characteristics of the subject 
merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe AB Rubber, it may be that only a select few product 
characteristics take into

[[Page 40194]]

account commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on August 9, 
2021, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on August 19, 2021. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of each of the AD 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\11\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\13\ Based on our analysis of the information 
submitted on the record, we have determined that AB Rubber, as defined 
in the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\14\
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    \13\ See the Petitions at Volume I at 14-25 and Exhibits I-4, I-
6, I-12, and I-13; see also General Issues Supplement at 1 and 
Exhibit GI-2.
    \14\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Antidumping Duty Investigation Initiation 
Checklists: Acrylonitrile-Butadiene Rubber from France, Mexico, and 
the Republic of Korea,'' (Country-Specific AD Initiation Checklists) 
at Attachment II, Analysis of Industry Support for the Antidumping 
Duty Petitions Covering Acrylonitrile-Butadiene Rubber from France, 
Mexico, and the Republic of Korea (Attachment II). These checklists 
are dated concurrently with this notice and on file electronically 
via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2020.\15\ The petitioner 
states that it is the only domestic producer of AB Rubber; therefore 
the Petitions are supported by 100 percent of the U.S. industry.\16\ We 
relied on data provided by the petitioner for purposes of measuring 
industry support.\17\
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    \15\ See the Petitions at Volume I at Exhibit I-17.
    \16\ See the Petitions at Volume I at 2-4 and Exhibits I-1 
through I-5; see also General Issues Supplement at 5 and Exhibits 
GI-8 and GI-9.
    \17\ See the Petitions at Volume I at 2-4 and Exhibits I-1 
through I-5; see also General Issues Supplement at 5 and Exhibits 
GI-8 and GI-9.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\18\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\22\
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    \18\ See the Petitions at Volume I at 2-4 and Exhibits I-1 
through I-5; see also General Issues Supplement at 5 and Exhibits 
GI-8 and GI-9.
    \19\ See the Petitions at Volume I at 2-4 and Exhibits I-1 
through I-5; see also General Issues Supplement at 5 and Exhibits 
GI-8 and GI-9; and section 732(c)(4)(D) of the Act.
    \20\ See the Petitions at Volume I at 2-4 and Exhibits I-1 
through I-5; see also General Issues Supplement at 5 and Exhibits 
GI-8 and GI-9. For further discussion, see Attachment II of the 
Country-Specific AD Initiation Checklists.
    \21\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility

[[Page 40195]]

threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Petitions at Volume I at 26 and Exhibit I-10; see also 
General Issues Supplement at 6 and Exhibit GI-12.
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    The petitioner contends that the industry's injured condition is 
illustrated by significant and increasing market share of subject 
imports; lost sales and revenues; underselling and price depression 
and/or suppression; increase in cost of goods sold per unit of 
production; declines in production, shipments, and capacity 
utilization, and decline in financial performance.\24\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\25\
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    \24\ See Petitions at Volume I at 25-34 and Exhibits I-9, I-10, 
I-14, I-15, and I-17 through I-19; see also General Issues 
Supplement at Exhibits GI-10 through GI-14.
    \25\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Acrylonitrile-
Butadiene Rubber from France, Mexico, and the Republic of Korea.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of AB Rubber from France, Korea, and Mexico. The sources of 
data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.

U.S. Price

    For France, Korea, and Mexico, the petitioner based export price 
(EP) on average unit values (AUVs) of imports into the United States 
during the POI, under United States Harmonized Tariff Schedule (HTSUS) 
subheading 4002.59.0000, which is discrete to AB Rubber. As the AUVs 
used for EP are stated on a free-on-board (FOB) basis, for France and 
Mexico, the petitioner deducted foreign inland freight as an adjustment 
to calculate a net ex-factory U.S. price.\26\ The petitioner was unable 
to identify a public source to approximate the average distance between 
the nearest container port and the addresses of the Korean AB Rubber 
plants identified in Volume I of the Petitions. Accordingly, the 
petitioner did not make an inland freight adjustment to the FOB per-
unit value of subject merchandise for the EP calculated for Korea.\27\
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    \26\ See Country-Specific AD Initiation Checklists.
    \27\ Id.
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Normal Value <SUP>28</SUP>
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    \28\ In accordance with section 773(b)(2) of the Act, for 
France, Korea, and Mexico investigations, Commerce will request 
information necessary to calculate the constructed value and cost of 
production (COP) to determine whether there are reasonable grounds 
to believe or suspect that sales of the foreign like product have 
been made at prices that represent less than the COP of the product.
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    For France, Korea, and Mexico, the petitioner stated it was unable 
to obtain home market or third country prices to use as a basis for 
NV.\29\ Accordingly, the petitioner based NV on constructed value 
(CV).\30\ For further discussion of CV, see the section ``Normal Value 
Based on Constructed Value.''
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    \29\ See Country-Specific AD Initiation Checklists.
    \30\ Id.
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Normal Value Based on Constructed Value

    As noted above, the petitioner was not able to obtain home market 
prices or third country prices to use as a basis for NV. Accordingly, 
the petitioner based NV on CV.\31\ Pursuant to section 773(e) of the 
Act, the petitioner calculated CV as the sum of the cost of 
manufacturing, selling, general, and administrative expenses, financial 
expenses, and profit.\32\
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    \31\ Id.
    \32\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of AB Rubber from France, Korea, and Mexico are 
being, or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for AB Rubber for each of the 
countries covered by this initiation are as follows: (1) France--41.73 
percent; (2) Korea--105.38 percent; and (3) Mexico--92.70 percent.\33\
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    \33\ See Country-Specific AD Initiation Checklists for details 
of calculations.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of AB Rubber from France, Korea and Mexico are being, 
or are likely to be, sold in the United States at LTFV. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

    In the Petitions, the petitioner named one company in France (i.e., 
Arlanxeo Emulsion Rubber France), one company in Mexico (i.e., INSA 
(Dynasol Group)), and two companies in Korea (i.e., Kumho Petrochemical 
and LG Chemical, Ltd.) as producers/exporters of AB Rubber, while 
providing independent, third-party information as support.\34\ We 
currently know of no additional producers/exporters of AB Rubber from 
France, Korea, and Mexico. Accordingly, Commerce intends to 
individually examine these producers/exporters in the France, Korea, 
and Mexico investigations, respectively. We invite interested parties 
to comment on this issue. Such comments may include factual information 
within the meaning of 19 CFR 351.102(b)(21). Parties wishing to comment 
must do so within three business days of the publication of this notice 
in the Federal Register. Commerce will not accept rebuttal comments 
regarding respondent selection. Comments must be filed electronically 
using ACCESS. An electronically-filed document must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. ET on the specified deadline. Because we intend to 
examine all known producers/exporters, if no comments are received or 
if comments received further support the existence of only the above-
mentioned producers/exporters in France, Korea, and Mexico, we do not 
intend to conduct respondent selection and will proceed to issuing the 
initial antidumping questionnaires to the companies identified. 
However, if comments are received which create a need for a respondent 
selection process, we intend to finalize our decisions regarding 
respondent selection within 20 days of publication of this notice.
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    \34\ See Petitions at Volume I at 11-12 and Exhibits I-2 and I-
4; see also General Issues Supplement at 1-2 and Exhibits GI-3 and 
GI-4.
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    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at http://enforcement.trade.gov/apo.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of France, Korea, and

[[Page 40196]]

Mexico via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the AD Petitions to each 
exporter named in the AD Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of AB Rubber from France, Korea, and/or Mexico 
are materially injuring, or threatening material injury to, a U.S. 
industry.\35\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\36\ 
Otherwise, these AD investigations will proceed according to statutory 
and regulatory time limits.
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    \35\ See section 733(a) of the Act.
    \36\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \37\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\38\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD proceeding must 
certify to the accuracy and completeness of that information.\39\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\40\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \39\ See section 782(b) of the Act.
    \40\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\41\
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    \41\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The product covered by these investigations 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 non-aqueous liquid 
form. The scope also includes carboxylated AB Rubber.
    Excluded from the scope of these investigations 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.

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    Also excluded from the scope of these investigations is: (a) AB 
Rubber containing additives (e.g., nitrile rubber further compounded 
with fillers, reinforcement agents, vulcanization agents, etc.; by 
example, products classified under HTSUS subheading 4005); (b) AB 
Rubber containing rubber processing chemicals, AB Rubber containing 
other materials used for further processing beyond the 
polymerization process; (c) hydrogenated AB Rubber (commonly 
referred to as HNBR) 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 investigations if performed in the 
country of manufacture of the AB Rubber.
    The merchandise subject to these investigations 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.

[FR Doc. 2021-15895 Filed 7-26-21; 8:45 am]
BILLING CODE 3510-DS-P