[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)] [Notices] [Pages 65219-65221] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-31519] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigations Nos. 731-TA-794-796 (Final)] Certain Emulsion Styrene-Butadiene Rubber From Brazil, Korea, and Mexico AGENCY: United States International Trade Commission. ACTION: Scheduling of the final phase of antidumping investigations. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigations Nos. 731-TA-794-796 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of less-than-fair-value imports from Brazil, Korea, and Mexico of certain emulsion styrene-butadiene rubber (``ESBR''), provided for in subheading 4002.19.00 of the Harmonized Tariff Schedule of the United States.1 --------------------------------------------------------------------------- \1\ The imported product subject to these investigations, ESBR, is a synthetic polymer made via free radical cold emulsion copolymerization of styrene and butadiene monomers in reactors. The reaction process involves combining styrene and butadiene monomers in water, with an initiator system, an emulsifier system, and molecular weight modifiers. ESBR consists of cold non-pigmented rubbers and cold oil extended non-pigmented rubbers that contain at least 1 percent of organic acids from the emulsion polymerization process. ESBR is produced and sold, both inside the United States and internationally, in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The universe of products subject to these investigations are grades of ESBR included in the IISRP 1500 series and IISRP 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.'' ESBR is used primarily in the production of tires. It is also used in a variety of other products, including conveyor belts, shoe soles, some kinds of hoses, roller coverings, and flooring. Imported products manufactured by blending ESBR 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) are not included within the scope of these investigations. --------------------------------------------------------------------------- [[Page 65220]] For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's rules of practice and procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C --------------------------------------------------------------------------- (19 CFR part 207). EFFECTIVE DATE: November 2, 1998. FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). SUPPLEMENTARY INFORMATION: Background.--The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that imports of certain emulsion styrene- butadiene rubber from Brazil, Korea, and Mexico are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on April 1, 1998, by Ameripol Synpol Corp., Akron, OH, and DSM Copolymer, Baton Rouge, LA. Participation in the investigations and public service list.-- Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in Sec. 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.-- Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.--The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 17, 1999, and a public version will be issued thereafter, pursuant to Sec. 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on March 30, 1999, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before March 23, 1999. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on March 25, 1999, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by Secs. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 days prior to the date of the hearing . Written submissions.--Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of Sec. 207.23 of the Commission's rules; the deadline for filing is March 24, 1999. Parties may also file written testimony in connection with their presentation at the hearing, as provided in Sec. 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of Sec. 207.25 of the Commission's rules. The deadline for filing posthearing briefs is April 6, 1999; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations on or before April 16, 1999. On April 16, 1999, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before April 20, 1999, but such final comments must not contain new factual information and must otherwise comply with Sec. 207.30 of the Commission's rules. All written submissions must conform with the provisions of Sec. 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of Secs. 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means. In accordance with Secs. 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. 4Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to Sec. 207.21 of the Commission's rules. Issued: November 19, 1998. [[Page 65221]] By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 98-31519 Filed 11-24-98; 8:45 am] BILLING CODE 7020-02-P