Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 25447 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

1See Emulsion Styrene-Butadiene Rubber from 

the Czech Republic, Italy, and the Russian 

Federation: Initiation of Less-Than-Fair-Value 

Investigations, 86 FR 70447 (December 10, 2021) 

(Initiation Notice). 

2See Memorandum, ‘‘Emulsion StyreneButadiene Rubber from Italy: Decision 

Memorandum for the Preliminary Affirmative 

Determination of Sales at Less-Than-Fair-Value,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

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

4See Initiation Notice, 86 FR at 70451. 

5See Petitioner’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Czech Republic, Italy and 

Russian Federation: Petitioner’s Comments on 

Scope and Product Characteristics,’’ dated January 

10, 2022. 

6See Versalis’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Italy: Notification of NonParticipation in Investigation,’’ dated January 7, 

2022. 

description of the scope of the Order is 

dispositive. 

Analysis of Comments Received 

All issues raised in this review are 

addressed in the Issues and Decision 

Memorandum, including the likelihood 

of continuation or recurrence of 

dumping, and the magnitude of the 

margins of dumping likely to prevail if 

this Order were revoked. The Issues and 

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. A list of topics 

discussed in the Issues and Decision 

Memorandum is included as the 

appendix to this notice. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

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

FRNoticesListLayout.aspx. 

Final Results of Sunset Review 

Pursuant to sections 751(c)(1) and 

752(c)(3) of the Act, we determine that 

revocation of the Order would be likely 

to lead to continuation or recurrence of 

dumping, and that the magnitude of the 

margins of dumping likely to prevail 

would be up to 155.89 percent. 

Administrative Protective Order (APO) 

This notice also serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act and 19 CFR 351.218. 

Dated: April 25, 2022. 

Lisa W. Wang, 

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. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margin of Dumping 

Likely to Prevail 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2022–09242 Filed 4–28–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–844] 

Emulsion Styrene-Butadiene Rubber 

From Italy: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that emulsion styrene-butadiene rubber 

(ESBR) from Italy is being, or is likely 

to be, sold in the United States at less 

than fair value (LTFV). The period of 

investigation (POI) is October 1, 2020, 

through September 30, 2021. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable April 29, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Le Vene, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0056. 

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 December 10, 2021.1 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.2 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 ESBR from Italy. For a 

complete description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,3 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).4 On January 10, 

2022, we received timely-filed 

comments from the petitioner regarding 

the scope of this investigation that 

affirmed the scope published in the 

Initiation Notice.5 We received no 

rebuttal comments regarding the scope 

of the investigation. Thus, Commerce is 

not preliminarily modifying the scope 

language as it appeared in the Initiation 

Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. The only mandatory 

respondent, Versalis S.p.A. (Veralis), 

submitted a letter of non-participation 

for this investigation on January 7, 

2022.6 As a result, pursuant to section 

776(a) and (b) of the Act, Commerce has 

preliminarily relied upon facts 

otherwise available, with adverse 

inferences for Versalis. For a full 

description of the methodology 

underlying the preliminary 

determination, 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 


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25448 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 

7See, e.g., Notice of Preliminary Determination of 

Sales at Less Than Fair Value: Sodium Nitrite from 

the Federal Republic of Germany, 73 FR 21909, 

21912 (April 23, 2008), unchanged in Notice of 

Final Determination of Sales at Less Than Fair 

Value: Sodium Nitrite from the Federal Republic of 

Germany, 73 FR 38986, 38987 (July 8, 2008), and 

accompanying Issues and Decision Memorandum at 

Comment 2; Notice of Final Determination of Sales 

at Less Than Fair Value: Raw Flexible Magnets from 

Taiwan, 73 FR 39673, 39674 (July 10, 2008); and 

Steel Threaded Rod from Thailand: Preliminary 

Determination of Sales at Less Than Fair Value and 

Affirmative Preliminary Determination of Critical 

Circumstances, 78 FR 79670, 79671 (December 31, 

2013), unchanged in Steel Threaded Rod from 

Thailand: Final Determination of Sales at Less 

Than Fair Value and Affirmative Final 

Determination of Critical Circumstances, 79 FR 

14476, 14477 (March 14, 2014). 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

9See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006 

(March 26, 2020) (Temporary Rule); see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

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. 

Pursuant to section 735(c)(5)(B) of the 

Act, if the estimated weighted-average 

dumping margins established for all 

exporters and producers individually 

examined are zero, de minimis or 

determined based entirely on facts 

otherwise available, Commerce may use 

any reasonable method to establish the 

estimated weighted-average dumping 

margin for all other producers or 

exporters. 

Commerce has preliminarily 

determined the estimated weightedaverage dumping margin for the 

individually examined respondent 

under section 776 of the Act. 

Consequently, pursuant to section 

735(c)(5)(B) of the Act, Commerce’s 

normal practice under these 

circumstances has been to calculate the 

all-others rate as a simple average of the 

alleged dumping margin(s) from the 

petition.7 For a full description of the 

methodology underlying Commerce’s 

analysis, see the Preliminary Decision 

Memorandum. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Versalis S.p.A ....................... * 28.97 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

All Others .............................. * 28.97 

* (AFA). 

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 respondent listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margin 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. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

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 the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied AFA to the sole 

individually examined company, 

Versalis, in this investigation, in 

accordance with section 776 of the Act, 

and the applied AFA rate is based solely 

on the petition, there are no calculations 

to disclose. 

Verification 

Because the examined respondent in 

this investigation did not provide 

information requested by Commerce, 

and Commerce preliminarily determines 

the sole examined respondent to have 

been uncooperative, we will not 

conduct verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the date of publication of the 

preliminary determination, unless the 

Secretary alters the time limit. Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

seven days after the deadline date for 

case briefs.8 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.9

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, Commerce 

intends to hold the hearing 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. 

Final Determination 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that 

Commerce will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, Commerce will make its 

final determination no later than 75 

days after the signature date of this 

preliminary determination. 


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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 25449 

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. 

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: April 25, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The products covered by this investigation 

are cold-plymerized emulsion styrenebutadiene rubber (ESBR). The scope of the 

investigation includes, but is not limited to, 

ESBR in primary forms, bales, granules, 

crumbs, pellets, powders, plates, sheets, 

strip, etc. ESBR 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. 

ESBR is produced and sold in accordance 

with a generally accepted set of product 

specifications issued by the Intenrnational 

Institute of Synthetic Rubber Producers 

(IISRP). The scope of the investigation covers 

grades of ESBR 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 ESBR with other 

polymers, high styrene resin master batch, 

carbon clack 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). ESBR 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 this investigation 

is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Use of Facts Available with Adverse 

Inferences 

VII. All-Others Rate 

VIII. Verification 

IX. Recommendation 

[FR Doc. 2022–09246 Filed 4–28–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB943] 

Fisheries of the South Atlantic; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 82 South 

Atlantic Gray Triggerfish data scoping 

webinar. 

SUMMARY: The SEDAR 82 assessment of 

the South Atlantic stock of gray 

triggerfish will consist of a data 

workshop, a series of assessment 

webinars, and a review workshop. A 

SEDAR 82 Data Scoping Webinar is 

scheduled for May 27, 2022. See 

SUPPLEMENTARY INFORMATION. 

DATES: The SEDAR 82 South Atlantic 

Gray Triggerfish Data Scoping Webinar 

will be held on May 27, 2022, from 10 

a.m. to 1 p.m. Eastern. The established 

times may be adjusted as necessary to 

accommodate the timely completion of 

discussion relevant to the assessment 

process. Such adjustments may result in 

the meeting being extended from or 

completed prior to the time established 

by this notice. 

ADDRESSES: The meeting will be held 

via webinar. The webinar is open to 

members of the public. Registration for 

the webinar is available by contacting 

the SEDAR coordinator via email at 

Kathleen.Howington@safmc.net. 

SEDAR address: South Atlantic 

Fishery Management Council, 4055 

Faber Place Drive, Suite 201, 

N Charleston, SC 29405; 

www.sedarweb.org. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Howington, SEDAR 

Coordinator, 4055 Faber Place Drive, 

Suite 201, North Charleston, SC 29405; 

phone: (843) 571–4371; email: 

Kathleen.Howington@safmc.net. 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions, 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a threestep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses. The product of the Assessment 

Process is a stock assessment report 

which describes the fisheries, evaluates 

the status of the stock, estimates 

biological benchmarks, projects future 

population conditions, and recommends 

research and monitoring needs. The 

assessment is independently peer 

reviewed at the Review Workshop. The 

product of the Review Workshop is a 

Summary documenting panel opinions 

regarding the strengths and weaknesses 

of the stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office, 

Highly Migratory Species Management 

Division, and Southeast Fisheries 

Science Center. Participants include: 

Data collectors and database managers; 

stock assessment scientists, biologists, 

and researchers; constituency 

representatives including fishermen, 

environmentalists, and nongovernmental organizations (NGOs); 

international experts; and staff of 

Councils, Commissions, and state and 

federal agencies. 

The items of discussion at the SEDAR 

82 South Atlantic Gray Triggerfish Data 

Scoping Webinar are as follows: Discuss 

available data resources; points of 

contact; data delivery deadlines; 

potential new data sources; and any 

known data issues. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 


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