ESB Rubber: New AD Investigations Deadlines & Scope

The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigations on emulsion-styrene butadiene rubber from the Czech Republic (A-851-805), Italy (A-475-844) and Russia (A-821-835). The agency will determine whether imports of ESB rubber are being sold in the U.S. at less than fair value. The investigations cover entries during the period Oct. 1, 2020, through Sept. 30, 2021.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped ESB rubber from the Czech Republic, Italy and Russia are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determinations, due Dec. 30, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, due in April, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.

AD Respondent Selection

Commerce will in the AD duty investigation examine the only known exporters of ESB rubber from the Czech Republic (Synthos Kralupy A.S.) and Italy (Eni Versalis S.p.A.). The agency intends to use CBP data to pick respondents to its AD duty investigation on ESB rubber from Russia.

Scope of the AD/CVD Investigations

The products covered by these investigations are cold-polymerized emulsion styrene-butadiene rubber (ESB rubber). The scope of the investigations 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 investigations 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 investigations 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 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 these investigations is dispositive.

Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by 5 p.m. EDT on Dec. 27.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2111190027 for a summary of the petition requesting these investigations.