CSMS 2181401·Trade policy·June 30, 2022·View on csms.cbp.gov ↗

Notice of final determination in the antidumping duty investigation of acrylonitrile-butadiene rubber from France (A-427-832)

Plain-English explanation

CSMS 2181401 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on June 30, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Notice of final determination in the antidumping duty investigation of acrylonitrile-butadiene rubber from France (A-427-832)". It links to 1 AD/CVD case in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(1)

Cases referenced or affected by this CSMS message

A-427-832

Message body

Full text as published by U.S. Customs and Border Protection

1. On 06/24/2022, Commerce published in the Federal Register (87 FR 37833) its final affirmative determination of sales at less-than-fair-value in the antidumping duty investigation of acrylonitrile-butadiene rubber (AB rubber) from France (A-427-832). 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. 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 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 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. 3. This proceeding has been assigned case number A-427-832. 4a. Commerce issued preliminary and final critical circumstances determinations for imports of AB rubber from the producer and/or exporter listed below. Accordingly, for imports of AB rubber from France produced and/or exported by the producer and/or exporter listed below, CBP shall continue to suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 11/04/2021 (90 days prior to the date of publication of the preliminary determination in the Federal Register). Effective 06/24/2022, CBP shall require, for such entries, a cash deposit equal to the margin listed below: All Others Case Number: A-427-832-000 Cash Deposit Rate: 81.86% 4b. Commerce issued negative preliminary and final critical circumstances determinations for imports of AB rubber from the producer and/or exporter listed below. Accordingly, for imports of AB rubber from France produced and/or exported by the producer and/or exporter listed below, CBP shall continue to suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 02/02/2022 (the date of publication of the preliminary determination in the Federal Register). Effective 06/24/2022, CBP shall require, for such entries, a cash deposit equal to the margin listed below: Producer and/or Exporter: Arlanxeo Emulsion Rubber France S.A.S. Case number: A-427-832-001 Cash deposit rate: 81.86% 5. 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 currently has its own rate or the producer is unknown, use the all-others rate of 81.86 percent to establish the cash deposit rate. 6. 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 OIII:PB.) 7. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 2181401?

CSMS 2181401 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Notice of final determination in the antidumping duty investigation of acrylonitrile-butadiene rubber from France (A-427-832)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 2181401 published?

CBP published CSMS 2181401 on June 30, 2022. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 2181401 affect?

CSMS 2181401 references 1 AD/CVD case (A-427-832). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

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