Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 37833 

(CBP) to continue the suspension of 

liquidation of all appropriate entries of 

UAN, as described in Appendix I of this 

notice, which were entered, or 

withdrawn from warehouse, for 

consumption on or after February 2, 

2022, the date of publication of the 

Preliminary Determination in this 

investigation in the Federal Register. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act, we will instruct CBP to require 

a cash deposit equal to the estimated 

amount by which the normal value 

exceeds the U.S. price in this final 

determination, as follows: (1) the cash 

deposit rate for each of the respondents 

listed in the table above is the companyspecific cash deposit rate listed for the 

respondent in the table; (2) if the 

exporter is not a respondent listed in the 

table above, but the producer is, then 

the cash deposit rate is the companyspecific cash deposit rate listed for the 

producer of the subject merchandise in 

the table above; and (3) the cash deposit 

rate for all other producers and 

exporters is the ‘‘All Others’’ cash 

deposit rate listed in the table above. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

In the event that a countervailing duty 

(CVD) order is issued, and suspension of 

liquidation is resumed in the 

companion CVD investigation of UAN 

from Russia, Commerce will instruct 

CBP to require, for this antidumping 

duty investigation, cash deposits 

adjusted by the amount of export 

subsidies, as appropriate. These 

adjustments are reflected in the final 

column of the rate table, above. Until 

such suspension of liquidation is 

resumed in the companion CVD 

investigation, and so long as suspension 

of liquidation continues under this 

antidumping duty investigation, the 

cash deposit rates for this antidumping 

duty investigation will be the rates 

identified in the estimated weightedaverage dumping margin column in the 

rate table, above. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its final affirmative determination of 

sales at LTFV. Because the final 

determination in this proceeding is 

affirmative, in accordance with section 

735(b)(2) of the Act, the ITC will make 

its final determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, no later than 45 days 

after our final determination. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated, and all 

cash deposits will be refunded. If the 

ITC determines that material injury or 

threat of material injury does exist, 

Commerce will issue an antidumping 

duty order directing CBP to assess, upon 

further instruction by Commerce, 

antidumping duties on all imports of the 

subject merchandise, entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding Administrative 

Protective Orders 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

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 violation subject to sanction. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: June 17, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is all mixtures of urea and 

ammonium nitrate in aqueous or ammonia 

solution, regardless of nitrogen concentration 

by weight, and regardless of the presence of 

additives, such as corrosion inhibiters and 

soluble micro or macronutrients (UAN). 

Subject merchandise includes merchandise 

matching the above description that has been 

processed in a third country, including by 

commingling, diluting, adding or removing 

additives, or performing any other processing 

that would not otherwise remove the 

merchandise from the scope of the 

investigations if performed in the subject 

country. 

The scope also includes UAN that is 

commingled with UAN from sources not 

subject to this investigation. Only the subject 

component of such commingled products is 

covered by the scope of this investigation. 

The covered merchandise is currently 

classified in the Harmonized Tariff Schedule 

of the United States (HTSUS) at subheading 

3102.80.0000. Although the HTSUS 

subheading is provided for convenience and 

customs purposes, the written description of 

the scope is dispositive. 

Appendix II 

List of Sections in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

Comment 1: Whether to Reconsider 

Russia’s Status as a Market Economy 

Country 

Comment 2: Whether to Base Acron’s 

Dumping Margin on Adverse Facts 

Available 

Comment 3: Whether Commerce Made 

Certain Ministerial Errors 

Comment 4: Whether to Base EuroChem’s 

Dumping Margin on Adverse Facts 

Available (AFA) 

Comment 5: Whether Commerce Should 

Grant EuroChem a Difference in Quantity 

Adjustment 

Comment 6: Whether Commerce Should 

Grant EuroChem a Constructed Export 

Price (CEP) Offset 

Comment 7: Whether to Apply the Cohen’s 

d Test to EuroChem’s Sales 

Comment 8: Proper Enforcement of 

Antidumping Duty Laws 

VI. Recommendation 

[FR Doc. 2022–13566 Filed 6–23–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–427–832] 

Acrylonitrile-Butadiene Rubber From 

France: Final Affirmative 

Determination of Sales at Less Than 

Fair Value, and Final Affirmative 

Determination of Critical 

Circumstances, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

acrylonitrile-butadiene rubber (AB 

rubber) from France is being, or is likely 

to be, sold in the United States at less 

than fair value (LTFV). The period of 

investigation is April 1, 2020, through 

March 31, 2021. 

DATES: Applicable June 24, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Barton, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0012. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 2, 2022, Commerce 

published its Preliminary 


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37834 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 

1See Acrylonitrile-Butadiene Rubber from 

France: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value and Partial 

Affirmative Determination of Critical 

Circumstances, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 87 FR 5787 (February 2, 2022) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination of the 

Less-Than-Fair-Value Investigation of AcrylonitrileButadiene Rubber from France,’’ dated concurrently 

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

Decision Memorandum). 

3See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated January 26, 2022 

(Preliminary Scope Decision Memorandum). 

4See ARLANXEO Emulsion Rubber France 

S.A.S.’s Letter, ‘‘Scope Brief,’’ dated February 25, 

2022; see also Zeon Chemicals L.P. and Zeon GP, 

LLC (collectively, the petitioner)’s Letter, 

‘‘Petitioner’s Rebuttal Scope Brief,’’ dated March 4, 

2022. 5See Memorandum, ‘‘Antidumping Duty 

Investigations of Acrylonitrile-Butadiene Rubber 

from France, the Republic of Korea, and Mexico: 

Final Scope Decision Memorandum,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Final Scope Memorandum). 

6See Preliminary Determination, 87 FR at 5792. 

Specifically, we added language to the scope that 

clarified that AB rubber products that include a 

third component that is not methacrylic acid or 

isoprene are not covered by the scope. See Final 

Scope Memorandum. 

7See Commerce’s Letter, ‘‘In Lieu of Verification 

Questionnaire,’’ dated March 17, 2022; see also 

Arlanxeo France’s Letter, ‘‘Acrylonitrile-Butadiene 

Rubber from France, Case No. A–427–832: 

Arlanxeo’s In Lieu of On Site Verification 

Questionnaire Response,’’ dated March 25, 2022. 

Determination.1 Commerce invited 

interested parties to comment on the 

Preliminary Determination. 

For a complete description of the 

events that followed the Preliminary 

Determination, see the Issues and 

Decision Memorandum.2 The Issues and 

Decision Memorandum is a public 

document and is available 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 Issues and Decision 

Memorandum can be accessed directly 

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

FRNoticesListLayout.aspx. 

Final Affirmative Determination of 

Critical Circumstances, in Part 

In the Preliminary Determination, 

Commerce preliminarily determined, 

pursuant to section 733(e) of the Tariff 

Act of 1930, as amended (the Act), and 

19 CFR 351.206, that critical 

circumstances do not exist with respect 

to imports of AB rubber produced and 

exported by Arlanxeo Emulsion Rubber 

France S.A.S. (Arlanxeo France). 

However, we preliminarily determined 

that critical circumstances exist with 

respect to imports of AB rubber 

produced and exported by all other 

producers and exporters from France. 

For this final determination, we 

continue to find that critical 

circumstances do not exist for Arlanxeo 

France and do exist for all other 

producers and exporters from France, 

pursuant to section 735(a)(3) of the Act 

and 19 CFR 351.206. For a full 

description of methodology and results 

of Commerce’s final affirmative critical 

circumstances analyses, see Issues and 

Decision Memorandum. 

Scope Comments 

On January 26, 2022, we issued the 

Preliminary Scope Decision 

Memorandum.3 Interested parties 

submitted case and rebuttal briefs 

concerning the scope of this 

investigation.4 For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record of this investigation, and 

accompanying analysis of all comments 

timely received, see the Final Scope 

Memorandum.5 Based on the comments 

received from interested parties, we are 

revising the scope of this investigation 

as it appeared in the Preliminary 

Determination.6 The scope in the 

Appendix I reflects these changes. 

Scope of the Investigation 

The product covered by this 

investigation is AB rubber from France. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Act.7

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in this 

investigation are discussed in the Issues 

and Decision Memorandum. A list of 

the issues raised in the Issues and 

Decision Memorandum is attached to 

this notice as Appendix II. 

Changes From the Preliminary 

Determination 

Based on our analysis of the 

comments received, we made certain 

changes to the margin calculation for 

Arlanxeo France since the Preliminary 

Determination. See the Issues and 

Decision Memorandum for a discussion 

of these changes. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers or exporters not individually 

investigated shall be equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated excluding 

rates that are zero, de minimis, or 

determined entirely under section 776 

of the Act. In this investigation, 

Commerce calculated an individual 

estimated weighted-average dumping 

margin for Arlanxeo France, the sole 

mandatory respondent, that is not zero, 

de minimis, or based entirely on facts 

otherwise available. Consequently, the 

rate calculated for Arlanxeo France is 

assigned as the rate for all other 

producers or exporters, pursuant to 

section 735(c)(5)(A) of the Act. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Arlanxeo Emulsion Rubber 

France S.A.S ........................... 81.86 

All Others .................................... 81.86 

Disclosure 

Commerce intends to disclose the 

calculations performed in this final 

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). 

Continuation of Suspension of 

Liquidation 

Consistent with the Preliminary 

Determination, Commerce will instruct 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all appropriate entries of 

AB rubber from France, as described in 

Appendix I of this notice, which were 

entered or withdrawn from warehouse 

for consumption on or after February 2, 

2022, the date of publication of the 

Preliminary Determination of this 

investigation in the Federal Register. 

Section 735(c)(4) of the Act provides 

that if there is 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 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 37835 

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. As noted above, Commerce 

finds that critical circumstances exist 

for imports of subject merchandise 

produced and/or exported by all other 

producers and exporters of AB rubber 

from France. Therefore, in accordance 

with section 735(c)(4) of the Act, 

suspension of liquidation shall continue 

to apply to unliquidated entries of 

subject merchandise produced or 

exported by all other producers or 

exporters that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date which 

is 90 days before the date of publication 

of the Preliminary Determination in the 

Federal Register. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), upon 

the publication of this notice, we will 

instruct CBP to require a cash deposit 

for such entries of merchandise equal to 

the following: (1) the cash deposit rate 

for the individual companies listed in 

the table above will be equal to the 

company-specific estimated weightedaverage dumping margin determined in 

this final determination; (2) if the 

exporter is not a company 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 or exporters 

will be equal to the all-others estimated 

weighted-average dumping margin 

listed in the table above. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of our final 

affirmative determination of sales at 

LTFV. We will allow the ITC access to 

all privileged and business proprietary 

information in our files, provided the 

ITC confirms it will not disclose such 

information, either publicly or under an 

administrative protective order (APO), 

without the written consent of the 

Assistant Secretary for Enforcement and 

Compliance. 

Because the final determination in 

this investigation is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

AB rubber from France no later than 45 

days after this final determination. If the 

ITC determines that such injury does 

not exist, this proceeding will be 

terminated, and all cash deposits posted 

will be refunded. If the ITC determines 

that such injury does exist, Commerce 

will issue an antidumping duty order 

directing CBP to assess, upon further 

instruction by Commerce, antidumping 

duties on all imports of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the effective date of the suspension 

of liquidation, as discussed above in the 

‘‘Continuation of Suspension of 

Liquidation’’ section. 

Notification Regarding Administrative 

Protective Order 

This notice will serve as the only 

reminder to the parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition 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 terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act, and 19 

CFR 351.210(c). 

Dated: June 17, 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. 

AB Rubber products that include a third 

component that is not methacrylic acid or 

isoprene are not covered by the scope. 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 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 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 Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Final Affirmative Determination of 

Critical Circumstances, in Part 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

Comment 1: Whether to Include Stabilizer 

Type as a Physical Characteristic 

Comment 2: Whether Certain Home Market 

Sales are Outside of the Ordinary Course 

of Trade 

Comment 3: Whether to Include Further 

Manufactured Sales in the Margin 

Calculations 

Comment 4: Whether to Exclude Fixed 

Overhead Volume Variance Costs from 

the Margin Calculations 

Comment 5: Whether to Use the Quarterly 

Cost Methodology 

VI. Recommendation 

[FR Doc. 2022–13560 Filed 6–23–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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