Emulsion Styrene-Butadiene Rubber From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value, 33062-33064 [2017-14951]
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33062
Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Synthos is the margin
assigned to all-other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its final determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
Final Determination
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
The final weighted-average dumping
domestic industry in the United States
margins are as follows:
is materially injured, or threatened with
material injury, by reason of imports of
Dumping
ESB rubber from Poland no later than 45
Exporter/producer
margin
(percent)
days after the Department’s final
determination. If the ITC determines
Synthos Dwory ...........................
25.43 that material injury or threat of material
All-Others ....................................
25.43 injury does not exist, the proceeding
will be terminated and all securities
Continuation of Suspension of
posted will be refunded or canceled. If
Liquidation
the ITC determines that such injury
does exist, the Department will issue an
In accordance with section
antidumping duty order directing CBP
735(c)(1)(B) of the Act, the Department
to assess, upon further instruction by
will instruct U.S. Customs and Border
the Department, antidumping duties on
Protection (CBP) to continue to suspend appropriate imports of the subject
liquidation of all appropriate entries of
merchandise entered, or withdrawn
ESB rubber from Poland as described in from warehouse, for consumption on or
Appendix I of this notice, which were
after the date of the suspension of
entered, or withdrawn from warehouse, liquidation.
for consumption on or after February 24,
Notification Regarding Administrative
2017, the date of publication of the
Protective Orders
Preliminary Determination of this
This notice serves as a reminder to
investigation in the Federal Register.
parties subject to an administrative
Further, pursuant to section
protective order (APO) of their
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), the Department will instruct responsibility concerning the
disposition of proprietary information
CBP to require a cash deposit equal to
disclosed under APO in accordance
the estimated weighted-average
with 19 CFR 351.305(a)(3). Timely
dumping margin or the estimated allnotification of the return or destruction
others rate, as follows: (1) The cash
of APO materials, or conversion to
deposit rate for the respondents listed
judicial protective order, is hereby
above will be equal to the respondentrequested. Failure to comply with the
specific estimated weighted-average
regulations and the terms of an APO is
dumping margin determined in this
a violation subject to sanction.
final determination; (2) if the exporter is
This determination and this notice are
not a respondent identified above, but
issued and published pursuant to
the producer is, then the cash deposit
sections 735(d) and 777(i)(1) of the Act.
rate will be equal to the respondentDated: July 10, 2017.
specific estimated weighted-average
Gary Taverman,
dumping margin established for that
Deputy Assistant Secretary for Antidumping
producer of the subject merchandise;
and Countervailing Duty Operations,
and (3) the cash deposit rate for all other performing the non-exclusive functions and
producers and exporters will be equal to duties of the Assistant Secretary for
Enforcement and Compliance.
the all-others estimated weightedaverage dumping margin.
Appendix I
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Disclosure
The Department intends to disclose to
interested parties its calculations and
analysis performed in this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
VerDate Sep<11>2014
18:49 Jul 18, 2017
Jkt 241001
Scope of the Investigation
For purposes of this investigation, the
product covered is cold-polymerized
emulsion styrene-butadiene rubber (ESB
rubber). The scope of the investigation
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
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
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
investigation 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
this investigation 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 this investigation
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
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues: Comment 1:
Selling, General and Administrative
Expenses
V. Recommendation
[FR Doc. 2017–14952 Filed 7–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–848]
Emulsion Styrene-Butadiene Rubber
From Mexico: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(Department) determines that emulsion
styrene-butadiene rubber (ESB rubber)
from Mexico is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is July 1, 2015,
through June 30, 2016.
DATES: July 19, 2017.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Javier Barrientos, AD/CVD
AGENCY:
E:\FR\FM\19JYN1.SGM
19JYN1
Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1394 or (202) 482–2243,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2017, the Department
of Commerce (Department) published
the Preliminary Determination of this
antidumping duty LTFV investigation,
as provided by section 735 of the Tariff
Act of 1930, as amended (Act), in which
the Department found that ESB rubber
from Mexico was sold at LTFV.1 A
summary of the events that have
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.2 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 to all
parties 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 accessed
directly at https://enforcement.trade.gov/
frn/.
Scope of the Investigation
The product covered by this
investigation is ESB rubber from
Mexico. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES
No interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice.3 Therefore, the
1 See Emulsion Styrene-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), and
accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determination).
2 See ‘‘Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value
Investigation of Emulsion Styrene-Butadiene
Rubber from Mexico,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico and Poland:
Initiation of Less Than Fair Value Investigations, 81
FR 55438 (August 19, 2016) (Initiation Notice).
VerDate Sep<11>2014
18:49 Jul 18, 2017
Jkt 241001
scope of this investigation remains
unchanged for this final determination.
Exporter/producer
Verification
As provided in section 782(i) of the
Act, in March and April 2017, the
Department conducted verification of
the information reported by the
mandatory respondent Industrias
Negromex S.A. de C.V.—Planta
Altamira (Negromex) for use in the
Department’s final determination. The
Department used standard verification
procedures, including an examination of
relevant accounting and production
records and original source documents
provided by the respondent.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice as Appendix II.
Based on our analysis of the comments
received and our findings at
verification, we made certain changes to
the margin calculation for Negromex,
and also the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that in the final determination
the Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
For the final determination, the
Department calculated an individual
estimated weighted-average dumping
margin for Negromex, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Negromex is the margin
assigned to all-other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The Department determines that the
following estimated weighted-average
dumping margins exist:
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Industrias Negromex S.A. de
C.V.—Planta Altamira
(Negromex) .......................
All-Others ..............................
33063
Estimated
weightedaverage
dumping
margin
(percent)
19.52
19.52
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
ESB rubber from Mexico as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after February 24,
2017, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), the Department will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the respondentspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not a respondent identified above, but
the producer is, then the cash deposit
rate will be equal to the respondentspecific estimated weighted-average
dumping margin established for that
producer of the subject merchandise;
and (3) the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin.
Disclosure
The Department intends to disclose to
interested parties its calculations and
analysis performed in this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its final determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
E:\FR\FM\19JYN1.SGM
19JYN1
33064
Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
is materially injured, or threatened with
material injury, by reason of imports of
ESB rubber from Mexico no later than
45 days after the Department’s final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all securities
posted will be refunded or canceled. If
the ITC determines that such injury
does exist, the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
appropriate imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of the suspension of
liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or 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 violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: July 10, 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Appendix I
Scope of the Investigation
For purposes of this investigation, the
product covered is cold-polymerized
emulsion styrene-butadiene rubber (ESB
rubber). The scope of the investigation
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
investigation 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
VerDate Sep<11>2014
18:49 Jul 18, 2017
Jkt 241001
are oil-extended and thus darker in color,
and are often called ‘‘Brown Rubber.’’
Specifically excluded from the scope of
this investigation 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 this investigation
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
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Comment 1: Partial Adverse Fact Available
for Negromex’s Financial Expense Rate
Comment 2: Partial Adverse Facts
Available for Negromex’s Domestic
Brokerage and Handling Expenses, U.S.
Brokerage and Handling Expenses, and
U.S. Inland Freight From Warehouse to
Customer Expenses
Comment 3: Partial Adverse Facts
Available for Certain Unreported Sales
Comment 4: Eligibility for a CEP Offset
Comment 5: Recalculation of Negromex’s
G&A Expense Rate
Comment 6: Billing Adjustment
Comment 7: Treatment of Freight Expenses
Included in Resirene’s SG&A
Comment 8: Apply the Market Price of
Styrene to Negromex’s COM
Comment 9: Treatment of Technology
Expenses in Negromex’s G&A Ratio
Comment 10: Short-Term Interest Rate for
Negromex’s Credit Expenses
VII. Recommendation
[FR Doc. 2017–14951 Filed 7–18–17; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 150902810–7646–01]
RIN 0648–XE167
Listing Endangered or Threatened
Species; 90-Day Finding on a Petition
To List the Winter-Run Puget Sound
Chum Salmon in the Nisqually River
System and Chambers Creek as a
Threatened or Endangered
Evolutionarily Significant Unit Under
the Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 90-day petition
finding.
AGENCY:
We, NMFS, announce a 90Day finding on a petition to list the
winter-run Puget Sound chum salmon
(Oncorhynchus keta) in the Nisqually
River system and Chambers Creek as a
threatened or endangered evolutionarily
significant unit (ESU) under the
Endangered Species Act (ESA) and to
designate critical habitat concurrently
with the listing. We find that the
petition and information in our files do
not present substantial scientific or
commercial information indicating that
the winter-run chum salmon from the
Nisqually River system and Chambers
Creek qualify as an ESU under the ESA.
As such, we find that the petition does
not present substantial scientific or
commercial information indicating that
the winter-run chum salmon in the
Nisqually River system and Chambers
Creek are a ‘‘species’’ eligible for listing
under the ESA.
ADDRESSES: Electronic copies of the
petition and other materials are
available on the NMFS West Coast
Region Web site at
www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Gary
Rule, NMFS West Coast Region, at
gary.rule@noaa.gov, (503) 230–5424; or
Maggie Miller, NMFS Office of
Protected Resources, at
margaret.h.miller@noaa.gov, (301) 427–
8457.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 29, 2015, we received a
petition from Mr. Sam Wright (Olympia,
Washington) to list the winter-run Puget
Sound chum salmon (Oncorhynchus
keta) in the Nisqually River system and
Chambers Creek as a threatened or
endangered ESU under the ESA and to
Frm 00025
Fmt 4703
Sfmt 4703
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33062-33064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-848]
Emulsion Styrene-Butadiene Rubber From Mexico: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (Department) determines that
emulsion styrene-butadiene rubber (ESB rubber) from Mexico is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is July 1, 2015, through June
30, 2016.
DATES: July 19, 2017.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos,
AD/CVD
[[Page 33063]]
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-2243,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2017, the Department of Commerce (Department)
published the Preliminary Determination of this antidumping duty LTFV
investigation, as provided by section 735 of the Tariff Act of 1930, as
amended (Act), in which the Department found that ESB rubber from
Mexico was sold at LTFV.\1\ A summary of the events that have occurred
since the Department published the Preliminary Determination, as well
as a full discussion of the issues raised by interested parties for
this final determination, may be found in the Issues and Decision
Memorandum.\2\ 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 to all parties 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 accessed
directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-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), and
accompanying Preliminary Decision Memorandum (collectively,
Preliminary Determination).
\2\ See ``Issues and Decision Memorandum for the Final
Determination in the Less-Than-Fair-Value Investigation of Emulsion
Styrene-Butadiene Rubber from Mexico,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ESB rubber from
Mexico. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Initiation Notice.\3\ Therefore, the scope of this
investigation remains unchanged for this final determination.
---------------------------------------------------------------------------
\3\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico and Poland: Initiation of Less Than Fair
Value Investigations, 81 FR 55438 (August 19, 2016) (Initiation
Notice).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in March and April 2017,
the Department conducted verification of the information reported by
the mandatory respondent Industrias Negromex S.A. de C.V.--Planta
Altamira (Negromex) for use in the Department's final determination.
The Department used standard verification procedures, including an
examination of relevant accounting and production records and original
source documents provided by the respondent.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice as Appendix II. Based on our analysis of the comments received
and our findings at verification, we made certain changes to the margin
calculation for Negromex, and also the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that in the final
determination the Department shall determine an estimated all-others
rate for all exporters and producers not individually examined. This
rate shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
For the final determination, the Department calculated an
individual estimated weighted-average dumping margin for Negromex, the
only individually examined exporter/producer in this investigation.
Because the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for Negromex is the margin
assigned to all-other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The Department determines that the following estimated weighted-
average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.--Planta Altamira 19.52
(Negromex).............................................
All-Others.............................................. 19.52
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of ESB rubber from
Mexico as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after February 24,
2017, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), the Department will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the respondent-specific estimated weighted-average dumping
margin determined in this final determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the respondent-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Disclosure
The Department intends to disclose to interested parties its
calculations and analysis performed in this final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department will
notify the International Trade Commission (ITC) of its final
determination. Because the final determination in this proceeding is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States
[[Page 33064]]
is materially injured, or threatened with material injury, by reason of
imports of ESB rubber from Mexico no later than 45 days after the
Department's final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all securities posted will be refunded or canceled.
If the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on appropriate
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or 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 violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: July 10, 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 I
Scope of the Investigation
For purposes of this investigation, the product covered is cold-
polymerized emulsion styrene-butadiene rubber (ESB rubber). The
scope of the investigation 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
investigation 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 this investigation 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 this investigation 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 description of the scope of this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
Comment 1: Partial Adverse Fact Available for Negromex's
Financial Expense Rate
Comment 2: Partial Adverse Facts Available for Negromex's
Domestic Brokerage and Handling Expenses, U.S. Brokerage and
Handling Expenses, and U.S. Inland Freight From Warehouse to
Customer Expenses
Comment 3: Partial Adverse Facts Available for Certain
Unreported Sales
Comment 4: Eligibility for a CEP Offset
Comment 5: Recalculation of Negromex's G&A Expense Rate
Comment 6: Billing Adjustment
Comment 7: Treatment of Freight Expenses Included in Resirene's
SG&A
Comment 8: Apply the Market Price of Styrene to Negromex's COM
Comment 9: Treatment of Technology Expenses in Negromex's G&A
Ratio
Comment 10: Short-Term Interest Rate for Negromex's Credit
Expenses
VII. Recommendation
[FR Doc. 2017-14951 Filed 7-18-17; 8:45 am]
BILLING CODE 3510-DS-P
