42790 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 

1See Emulsion Styrene-Butadiene Rubber from 

Brazil: Final Affirmative Determination of Sales at 

Less Than Fair Value and Final Negative 

Determination of Critical Circumstances, 82 FR 

33048 (July 19, 2017) (Brazil Final); Emulsion 

Styrene-Butadiene Rubber from the Republic of 

Korea: Final Affirmative Determination of Sales at 

Less Than Fair Value, and Final Affirmative 

Determination of Critical Circumstances, in Part, 82 

FR 33045 (July 19, 2017) (Korea Final); Emulsion 

Styrene-Butadiene Rubber from Mexico: Final 

Affirmative Determination of Sales at Less Than 

Fair Value, 82 FR 33062 (July 19, 2017) (Mexico 

Final); and Emulsion Styrene-Butadiene Rubber 

from Poland: Final Affirmative Determination of 

Sales at Less Than Fair Value, 82 FR 33061 (July 

19, 2017) (Poland Final). 

2See Letter to Gary Taverman, Acting Assistant 

Secretary of Commerce for Enforcement and 

Compliance, from Rhonda K. Schmidtlein, 

Chairman of the U.S. International Trade 

Commission, regarding emulsion styrene-butadiene 

rubber from Brazil, Korea, Mexico, and Poland 

(September 1, 2017) (ITC Letter). 

3See Mexico Final. 

4See Memorandum, ‘‘Antidumping Duty 

Investigation of Emulsion Styrene-Butadiene 

Rubber from Mexico: Ministerial Error Allegations 

Memorandum,’’ dated August 22, 2017. 

5See ITC Letter. 

6See Emulsion Styrene-Butadiene Rubber from 

Brazil: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Negative 

Determination of Critical Circumstances, 

Postponement of Final Determination, and 

Extension of Provisional Measures, 82 FR 11538 

(February 24, 2017) (Brazil Preliminary 

Determination); Emulsion Styrene-Butadiene 

Rubber from the Republic of Korea: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Affirmative Determination of Critical 

Circumstances, in Part, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 82 FR 11536 (February 24, 2017) (Korea 

Preliminary Determination); Emulsion Styrenetheir responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

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

written notification of return/ 

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 sanctionable violation. 

This notice is published in 

accordance with section 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.221(b)(5). 

Dated: September 5, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the 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. Margin Calculations 

V. Discussion of Issues 

Comment 1. Differential Pricing 

Methodology 

Comment 2. Affiliation Based on a Close 

Supplier Relationship 

Comment 3. Adjusting the Cost of Certain 

Tub Assemblies 

Comment 4. Adjusting the Financial 

Expense Ratio 

VI. Recommendation 

[FR Doc. 2017–19290 Filed 9–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–849, A–580–890, A–201–848, A–455– 

805] 

Emulsion Styrene-Butadiene Rubber 

From Brazil, the Republic of Korea, 

Mexico, and Poland: Antidumping Duty 

Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (the 

ITC), the Department is issuing 

antidumping duty orders on emulsion 

styrene-butadiene rubber (ESB rubber) 

from Brazil, the Republic of Korea 

(Korea), Mexico, and Poland. 

DATES: Applicable September 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Drew Jackson at (202) 482–4406, 

(Brazil); Carrie Bethea at (202) 482– 

1491, (Korea); Julia Hancock, (202) 482– 

1394 (Mexico); Stephen Bailey at (202) 

482–0193, (Poland), AD/CVD 

Operations, Enforcement and 

Compliance, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.210(c), on July 19, 2017, the 

Department published affirmative final 

determinations in the less-than-fairvalue (LTFV) investigations of ESB 

rubber from Brazil, Korea, Mexico, and 

Poland.1 On September 1, 2017, the ITC 

notified the Department of its 

affirmative determination that an 

industry in the United States is 

materially injured within the meaning 

of section 735(b)(1)(A)(i) of the Act, by 

reason of the LTFV imports of ESB 

rubber from Brazil, Korea, Mexico, and 

Poland, and its determination that 

critical circumstances do not exist with 

respect to imports of subject 

merchandise from Korea subject to the 

Department’s affirmative critical 

circumstances determination.2

For Mexico, on July 17, 2017, we 

received comments from Industrias 

Negromex S.A. de C.V. (Negromex), the 

sole mandatory respondent in the 

Mexico investigation, that we made 

ministerial errors in our final 

determination.3 The allegations raised 

by Negromex in its comments do not 

result in a change to Negromex’s margin 

from the final determination. As such, 

we are not amending Negromex’s 

margin from the final determination.4

Scope of the Orders 

The products covered by these orders 

are cold-polymerized emulsion styrenebutadiene rubber. For a complete 

description of the scope of these orders, 

see the Appendix to this notice. 

Antidumping Duty Orders 

In accordance with sections 

735(b)(1)(A)(i) and 735(d) of the Act, the 

ITC notified the Department of its final 

determinations in these investigations, 

in which it found that an industry in the 

United States is materially injured by 

reason of imports of ESB rubber from 

Brazil, Korea, Mexico, and Poland. The 

ITC also notified the Department of its 

determination that critical 

circumstances do not exist with respect 

to imports of ESB rubber from Korea 

subject to the Department’s critical 

circumstances finding.5 Therefore, in 

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

Act, the Department is issuing these 

antidumping duty orders. Because the 

ITC determined that imports of ESB 

rubber from Brazil, Korea, Mexico, and 

Poland are materially injuring a U.S. 

industry, unliquidated entries of such 

merchandise from Brazil, Korea, 

Mexico, and Poland, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

As a result of the ITC’s final 

determination, in accordance with 

section 736(a)(1) of the Act, the 

Department will direct U.S. Customs 

and Border Protection (CBP) to assess, 

upon further instruction by the 

Department, antidumping duties equal 

to the amount by which the normal 

value of the merchandise exceeds the 

export price (or constructed export 

price) of the merchandise, for all 

relevant entries of ESB rubber from 

Brazil, Korea, Mexico, and Poland. 

Antidumping duties will be assessed on 

unliquidated entries of ESB rubber from 

Brazil, Korea, Mexico, and Poland 

entered, or withdrawn from warehouse, 

for consumption on or after February 24, 

2017, the date of publication of the 

preliminary determinations,6 but will 


pmangrum on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 42791 

Butadiene Rubber from Mexico: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Postponement of Final Determination, 

and Extension of Provisional Measures, 82 FR 

11534 (February 24, 2017) (Mexico Preliminary 

Determination); and Emulsion Styrene-Butadiene 

Rubber from Poland: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Postponement of Final Determination, and 

Extension of Provisional Measures, 82 FR 11531 

(February 24, 2017) (Poland Preliminary 

Determination). 

7See section 736(a)(3) of the Act. 

8See Brazil Preliminary Determination; Korea 

Preliminary Determination; Mexico Preliminary 

Determination; and Poland Preliminary 

Determination. 

not include entries occurring after the 

expiration of the provisional measures 

period and before publication of the 

ITC’s final injury determination as 

further described below. 

Suspension of Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, the Department 

will instruct CBP to continue to suspend 

liquidation on all relevant entries of 

ESB rubber from Brazil, Korea, Mexico, 

and Poland. These instructions 

suspending liquidation will remain in 

effect until further notice. 

The Department will also instruct 

CBP to require cash deposits equal to 

the amounts as indicated below. 

Accordingly, effective on the date of 

publication of the ITC’s final affirmative 

injury determinations, CBP will require, 

at the same time as importers would 

normally deposit estimated duties on 

this subject merchandise, a cash deposit 

equal to the cash deposit rates listed 

below.7 The relevant all-others rates 

apply to all producers or exporters not 

specifically listed, as appropriate. 

Provisional Measures 

Section 733(d) of the Act states that 

instructions issued pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request the Department to extend that 

four-month period to no more than six 

months. At the request of exporters that 

account for a significant proportion of 

ESB rubber from Brazil, Korea, Mexico, 

and Poland, the Department extended 

the four-month period to six months in 

each case.8 In the underlying 

investigations, the Department 

published the preliminary 

determinations on February 24, 2017. 

Therefore, the extended period, 

beginning on the date of publication of 

the preliminary determination, ended 

on August 24, 2017. Furthermore, 

section 737(b) of the Act states that the 

collection of final, estimated cash 

deposits will begin on the date of 

publication of the ITC’s final injury 

determination. 

Therefore, in accordance with section 

733(d) of the Act and our practice, the 

Department will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate, without regard to 

antidumping duties, unliquidated 

entries of ESB rubber from Brazil, Korea, 

Mexico, and Poland entered, or 

withdrawn from warehouse, for 

consumption after August 24, 2017, the 

date on which the provisional measures 

expired, until and through the day 

preceding the date of publication of the 

ITC’s final injury determinations in the 

Federal Register. Suspension of 

liquidation will resume on the date of 

publication of the ITC’s final 

determination in the Federal Register. 

Critical Circumstances 

With regard to the ITC’s negative 

critical circumstances determination on 

imports of subject merchandise from 

Korea, the Department will instruct CBP 

to lift suspension and to refund any 

cash deposits made to secure the 

payment of estimated antidumping 

duties with respect to entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after November 26, 2016 (i.e., 90 days 

prior to the date of publication of the 

preliminary determinations), but before 

February 24, 2017, (i.e., the date of 

publication of the preliminary 

determinations). 

Estimated Weighted-Average Dumping 

Margins 

The weighted-average antidumping 

duty margin percentages and cash 

deposit rates are as follows: 

Exporter or producer 

Weightedaverage 

dumping 

margin 

(percent) 

Brazil 

ARLANXEO Brasil S.A ............... 19.61 

All-Others .................................... 19.61 

Korea 

LG Chem, Ltd ............................. 9.66 

Daewoo International Corporation .......................................... ** 44.30 

Kumho Petrochemical Co, Ltd ... ** 44.30 

All-Others .................................... 9.66 

Mexico 

Industrias Negromex S.A. de 

C.V.—Planta Altamira 

(Negromex) ............................. 19.52 

All-Others .................................... 19.52 

Exporter or producer 

Weightedaverage 

dumping 

margin 

(percent) 

Poland 

Synthos Dwory ........................... 25.43 

All-Others .................................... 25.43 

** (AFA). 

This notice constitutes the 

antidumping duty orders with respect to 

ESB rubber from Brazil, Korea, Mexico, 

and Poland pursuant to section 736(a) of 

the Act. Interested parties can find a list 

of antidumping duty orders currently in 

effect at http://enforcement.trade.gov/ 

stats/iastats1.html. 

These orders are published in 

accordance with section 736(a) of the 

Act and 19 CFR 351.211(b). 

Dated: September 6, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Orders 

The products covered by these orders are 

cold-polymerized emulsion styrenebutadiene rubber. The scope of the orders 

includes, but is not limited to, ESB rubber in 

primary forms, bales, granules, crumbs, 

pellets, powders, plates, sheets, strip, etc. 

ESB rubber consists of non-pigmented 

rubbers and oil-extended non-pigmented 

rubbers, both of which contain at least one 

percent of organic acids from the emulsion 

polymerization process. 

ESB rubber is produced and sold in 

accordance with a generally accepted set of 

product specifications issued by the 

International Institute of Synthetic Rubber 

Producers (IISRP). The scope of the 

investigations covers grades of ESB rubber 

included in the IISRP 1500 and 1700 series 

of synthetic rubbers. The 1500 grades are 

light in color and are often described as 

‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades 

are oil-extended and thus darker in color, 

and are often called ‘‘Brown Rubber.’’ 

Specifically excluded from the scope of 

these orders are products which are 

manufactured by blending ESB rubber with 

other polymers, high styrene resin master 

batch, carbon black master batch (i.e., IISRP 

1600 series and 1800 series) and latex (an 

intermediate product). 

The products subject to these orders are 

currently classifiable under subheadings 

4002.19.0015 and 4002.19.0019 of the 

Harmonized Tariff Schedule of the United 

States (HTSUS). ESB rubber is described by 

Chemical Abstract 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 


pmangrum on DSK3GDR082PROD with NOTICES1
42792 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 

1See Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: 

Preliminary Results of Countervailing Duty 

Administrative Review and Preliminary Intent To 

Rescind, in Part; 2014–2015, 82 FR 12562 (March 

6, 2017) (Preliminary Results). 

2See Petitioner’s Case Brief, ‘‘Certain Crystalline 

Silicon Photovoltaic Products from the People’s 

Republic of China: Case Brief of SolarWorld 

Americas, Inc.,’’ dated June 8, 2017; GOC’s Case 

Brief, ‘‘GOC’s Case Brief: Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China,’’ dated June 8, 2017; Trina Solar’s Case Brief, 

‘‘Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China: Case Brief,’’ dated June 

8, 2017; BYD’s Case Brief, ‘‘Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: BYD’s Case Brief’’ dated June 8, 2017; SNJ’s 

Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: Case 

Brief,’’ dated June 8, 2017. 

3See Petitioner’s Rebuttal Brief, ‘‘Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China: Rebuttal Brief of 

SolarWorld Americas, Inc.,’’ dated June 15, 2017; 

GOC’s Rebuttal Brief, ‘‘GOC’s Rebuttal Brief Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China,’’ dated June 15, 2017; 

Trina Solar’s Rebuttal Brief, ‘‘Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Rebuttal Brief,’’ dated June 15, 2017. 

4See Memorandum, ‘‘Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Extension of the Deadline for Issuing the 

Final Results of the 2014–2015 Countervailing Duty 

Administrative Review,’’ dated June 8, 2017. 

5See Memorandum, ‘‘Decision Memorandum for 

Final Results and Partial Rescission of 

Countervailing Duty Administrative Review: 

Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled Into Modules, from the People’s 

Republic of China; 2014,’’ dated concurrently with 

this notice (Issues and Decision Memorandum). 

6See Trina Solar’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Creditworthiness Questionnaire Response,’’ 

dated April 20, 2017. 

7See Issues and Decision Memorandum. 

8See Appendix II. 

9See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 81 FR 

20324, 20348–20349 (April 7, 2016) (Initiation 

Notice). 

10See Preliminary Results 82 FR at 12562–12563. 

description of the scope of these 

investigations is dispositive. 

[FR Doc. 2017–19287 Filed 9–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–011] 

Certain Crystalline Silicon Photovoltaic 

Products From the People’s Republic 

of China: Final Results of 

Countervailing Duty Administrative 

Review, and Partial Rescission of 

Countervailing Duty Administrative 

Review; 2014–2015 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has completed its 

administrative review of the 

countervailing duty order (CVD) on 

crystalline silicon photovoltaic products 

(solar products) from the People’s 

Republic of China (PRC) for the June 10, 

2014, through December 31, 2015, 

period of review (POR). We have 

determined that the mandatory 

respondent Changzhou Trina Solar 

Energy Co., Ltd. and its cross-owned 

affiliates (collectively, Trina Solar) 

received countervailable subsidies 

during the POR. The final net subsidy 

rates are listed below in the section, 

‘‘Final Results of Administrative 

Review.’’ We are also rescinding the 

review for 22 companies for which all 

review requests were timely withdrawn 

or for which we have concluded that 

there were no entries, exports, or sales 

of the subject merchandise during the 

POR. 

DATES: Applicable September 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Traw, 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) 482–6079. 

Background 

The Department published the 

Preliminary Results of this 

administrative review in the Federal 

Register on March 6, 2017.1 We invited 

interested parties to comment on the 

Preliminary Results. On June 8, 2017, 

we received timely case briefs from the 

following interested parties: SolarWorld 

Americas, Inc. (the petitioner); the 

Government of China (GOC); Trina 

Solar; BYD (Shangluo) Industrial Co., 

Ltd. (BYD); and SNJ Enterprises, LLC, 

Dba Zamp Solar (SNJ).2 On June 15, 

2017, we received timely rebuttal 

comments from the petitioner, the GOC, 

and Trina Solar.3

On June 8, 2017, in accordance with 

section 751(a)(3)(A) of the Act, the 

Department extended the period for 

issuing the final results of this review by 

60 days, to September 2, 2017. As 

September 2, 2017 is a Saturday and 

September 4, 2017 is Labor Day, the 

final results were extended until 

September 5, 2017.4

Scope of the Order 

The merchandise covered by this 

order are modules, laminates and/or 

panels consisting of crystalline silicon 

photovoltaic cells, whether or not 

partially or fully assembled into other 

products, including building integrated 

materials. The product is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

item numbers 8501.61.0000, 

8507.20.8030, 8507.20.8040, 

8507.20.8060, 8507.20.8090, 

8541.40.6020, 8541.40.6030 and 

8501.31.8000. These HTSUS 

subheadings are provided for 

convenience and customs purposes; the 

written description of the scope of this 

order is dispositive. A full description 

of the scope of the order is contained in 

the Issues and Decision Memorandum, 

which is hereby adopted by this notice.5

Analysis of Comments Received 

All issues raised in interested parties’ 

briefs are addressed in the Issues and 

Decision Memorandum accompanying 

this notice. A list of the issues raised by 

interested parties and to which we 

responded in the Issues and Decision 

Memorandum is provided in Appendix 

I to this notice. 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 and in the 

Central Records Unit, Room B8024 of 

the main Department of Commerce 

building. In addition, a complete 

version of the Issues and Decision 

Memorandum can be access directly at 

http://enforcement.trade.gov/frn/. The 

signed and electronic versions of the 

Issues and Decision Memorandum are 

identical in content. 

Changes Since the Preliminary Results 

Based on case briefs, rebuttal briefs, 

and all supporting documentation, we 

made changes from the Preliminary 

Results. The Department has modified 

its creditworthiness findings for Trina 

Solar. In the Preliminary Results, the 

Department found Trina Solar to be 

uncreditworthy during the 2012–2015 

period. After reviewing Trina Solar’s 

response to the Department’s 

creditworthiness questionnaire,6 the 

Department finds that Trina Solar was 

uncreditworthy from 2012 to 2013 and 

creditworthy during 2014 and 2015.7

Partial Rescission of Review 

We are rescinding this administrative 

review for 22 companies 8 named in the 

Initiation Notice.9 In the Preliminary 

Results, we made a preliminary 

determination to rescind the review of 

companies for which all review requests 

were timely withdrawn.10 With the 


pmangrum on DSK3GDR082PROD with NOTICES1