Notice of preliminary determination for acrylonitrile-butadiene rubber from the Republic of Korea (A-580-912) and critical circumstances for A-580-912-000 and A-580-912-002

1. On 02/02/2022, Commerce published in the Federal Register (87 FR 5796) its affirmative preliminary determination of sales at less than fair value and critical circumstances, in part, and postponement of the final determination in the antidumping investigation of acrylonitrile-butadiene rubber from the Republic of Korea. 2. The product covered by this investigation is commonly referred to as acrylonitrile butadiene rubber or nitrile rubber (AB Rubber). AB Rubber is a synthetic rubber produced by the emulsion polymerization of butadiene and acrylonitrile with or without the incorporation of a third component selected from methacrylic acid or isoprene. This scope covers AB Rubber in solid or non-aqueous liquid form. The scope also includes carboxylated AB Rubber. Excluded from the scope of this investigation is AB Rubber in latex form (commonly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 4002.51.0000). Latex AB Rubber is commonly either (a) acrylonitrile/butadiene polymer in latex form or (b) acrylonitrile/butadiene/methacrylic acid polymer in latex form. The broader definition of latex refers to a water emulsion of a synthetic rubber obtained by polymerization. Also excluded from the scope of this investigation is: (a) AB Rubber containing additives incorporated during the compounding, mixing, molding, or use of AB Rubber comprising greater than twenty percent of the total weight of the product. Additives would include, but are not limited to, fillers (e.g. carbon black, silica, clay); reinforcement agents (e.g. fibers, carbon black, silica); vulcanization agents (e.g. sulfur, sulfur complexes, peroxide); or AB Rubber containing extension oils making up greater than forty percent of the total weight of the product. Such products would be generally classified under HTSUS subheading 4005; (b) AB Rubber containing polyvinyl chloride (PVC) making up greater than twenty percent of total weight of the product; (c) hydrogenated AB Rubber (commonly referred to as AB Rubber) produced by subsequent dissolution and hydrogenation of AB Rubber; (d) reactive liquid polymers containing acrylonitrile and butadiene with amine, epoxy, carboxyl or methacrylate vinyl chemical functionality. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by modifying physical form or packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the AB Rubber. The merchandise subject to this investigation is classified in the HTSUS at subheading 4002.59.0000. While the HTSUS subheading numbers are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. 3. This proceeding has been assigned case number A-580-912. 4. Because Commerce determined that critical circumstances exist for imports of acrylonitrile-butadiene rubber from the Republic of Korea from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of acrylonitrile-butadiene rubber from the Republic of Korea that are entered, or withdrawn from warehouse, for consumption on or after 11/04/2021, which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective 11/04/2021, for entries of acrylonitrile-butadiene rubber from the Republic of Korea from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins: Producer and/or Exporter: LG Chemical, Ltd. Case number: A-580-912-002 Cash deposit rate: 35.21% Producer and/or Exporter: All Others Case number: A-580-912-000 Cash deposit rate: 19.20% 5. Commerce found that critical circumstances do not exist for imports of acrylonitrile-butadiene rubber from the Republic of Korea from the producer and/or exporter listed below. For imports of acrylonitrile-butadiene rubber from the Republic of Korea from the producer and/or exporter listed below, CBP shall suspend liquidation of such entries which were entered, or withdrawn from warehouse, for consumption on or after 02/02/2022. Effective 02/02/2022, for entries of acrylonitrile-butadiene rubber from the Republic of Korea from the producer and/or exporter listed below, CBP shall require a cash deposit equal to the following dumping margin: Producer and/or Exporter: Kumho Petrochemical Co., Ltd. Case number: A-580-912-001 Cash deposit rate: 19.20% 6. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply: A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the producer's rate. B. Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 19.20 percent to establish the cash deposit. 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OII:TM.) 8. There are no restrictions on the release of this information. Alexander Amdur