Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of Antidumping Duty Administrative Review; 2017-2018, 43536-43537 [2020-15478]

Download as PDF 43536 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices Submission of Comments All comments must be submitted to one of the addresses indicated in this notice. The Department requires that all comments be submitted in written form. BIS will consider all comments received on or before September 15, 2020. All comments, including those comments containing any personally identifying information or information for which a claim of confidentiality is asserted in the comments or their transmittal emails, will be made available for public inspection and copying. Parties who wish to comment anonymously may do so by submitting their comments via Regulations.gov, leaving the fields that would identify the commenter blank and including no identifying information in the comment itself. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2020–15416 Filed 7–16–20; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–848] Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that the producer/ exporter subject to this administrative review made sales of emulsion styrenebutadiene rubber (ESB rubber) from Mexico at less than normal value during the period of review (POR) February 24, 2017 through August 31, 2018. DATES: Applicable July 17, 2020. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2243. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background This review covers one producer/ exporter of the subject merchandise: Industrias Negromex S.A. de C.V. (Negromex). On November 15, 2018, we published our initiation of an administrative review of the antidumping duty order VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 on ESB rubber from Mexico.1 On November 21, 2019, we published the Preliminary Results of this administrative review.2 On January 6, 2020, Lion Elastomers LLC (the petitioner) submitted a case brief.3 On January 13, 2020, Negromex submitted a rebuttal brief.4 On March 12, 2020, we extended the deadline for the final results of this review to May 19, 2020.5 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these final results to July 8, 2020.6 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise covered by this order is cold-polymerized emulsion styrene-butadiene rubber.7 The subject merchandise is currently classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised by the parties in their case and rebuttal briefs are listed in the appendix to this notice and are addressed in the Issues and Decision Memorandum.8 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 57411 (November 15, 2018). 2 See Emulsion Styrene-Butadiene Rubber from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 64274 (November 21, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 3 See Petitioner’s Letter, ‘‘Antidumping Review of Emulsion Styrene-Butadiene Rubber (E–SBR) from Mexico: Case Brief,’’ dated January 6, 2020. 4 See Negromex’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Mexico—First Antidumping Duty Administrative Review: Rebuttal Case Brief,’’ dated January 13, 2020. 5 See Memorandum, ‘‘Emulsion StyreneButadiene Rubber from Mexico: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated March 12, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 7 For a full description of the scope, see Memorandum, ‘‘Emulsion Styrene-Butadiene Rubber from Mexico: Issues and Decision Memorandum for the Final Results of the 2017– 2018 Antidumping Duty Administrative Review,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 8 See Issues and Decision Memorandum. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes to the Preliminary Results In the Preliminary Results, we found that Negromex was entitled to a constructed export price (CEP) offset.9 After further review of the record and review of interested party comments, we find that a CEP offset is not warranted for Negromex.10 Accordingly, we incorporated this change in the margin program.11 For a discussion of the above-referenced change, see the ‘‘Changes to the Preliminary Results’’ section of the Issues and Decision Memorandum. Final Results of the Administrative Review The weighted-average dumping margin for the final results of this administrative review is as follows: Exporter/producer Industrias Negromex S.A. de C.V .......................................... Weightedaverage dumping margin (percent) 2.68 Disclosure We will disclose to interested parties the calculations performed in connection with these final results within five days of the publication of this notice, consistent with 19 CFR 351.224(b). Assessment Rate Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For Negromex, because its weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent), Commerce has calculated importerspecific antidumping duty assessment rates. We calculated importer-specific 9 See Preliminary Results PDM at VII.C. Issues and Decision Memorandum at Comment 1. 11 See Memorandum, ‘‘Final Results Analysis Memorandum for Industrias Negromex S.A de C.V.,’’ dated concurrently with this notice. 10 See E:\FR\FM\17JYN1.SGM 17JYN1 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total sales value associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importerspecific assessment rate is not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Consistent with Commerce’s assessment practice, for entries of subject merchandise during the POR produced by Negromex, for which Negromex did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.12 Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex will be equal to the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 19.52 percent, the all-others rate established a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). in the investigation.13 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: July 8, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes to the Preliminary Results V. Discussion of the Issues Comment 1: Whether To Grant Negromex a Constructed Export Price (CEP) Offset VI. Recommendation [FR Doc. 2020–15478 Filed 7–16–20; 8:45 am] BILLING CODE 3510–DS–P 12 For VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 13 See Emulsion Styrene-Butadiene Rubber from Mexico: Final Affirmative Determination of Sales at Less Than Fair Value, 82 FR 33062 (July 19, 2017). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 43537 DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Enforcement and Compliance, International Trade Administration Department of Commerce. DATES: Applicable July 17, 2020. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: On May 4, 2020, the Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period October 1, 2019 through December 31, 2019.1 In the Fourth Quarter 2019 Update, we requested that any party that has information on foreign government subsidy programs that benefit articles of cheese subject to an in-quote rate of duty submit such information to Commerce.2 We received no comments, information, or requests for consultation from any party. Pursuant to section 702(h) of the Act, we hereby provide Commerce’s update of subsidies on articles of cheese that were imported during the period January 1, 2020, through March 31, 2020. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. Commerce will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. Commerce encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230. AGENCY: 1 See Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 85 FR 26441 (May 4, 2020) (Fourth Quarter 2019 Update). 2 Id. E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43536-43537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15478]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-848]


Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of 
Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that the producer/
exporter subject to this administrative review made sales of emulsion 
styrene-butadiene rubber (ESB rubber) from Mexico at less than normal 
value during the period of review (POR) February 24, 2017 through 
August 31, 2018.

DATES: Applicable July 17, 2020.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    This review covers one producer/exporter of the subject 
merchandise: Industrias Negromex S.A. de C.V. (Negromex).
    On November 15, 2018, we published our initiation of an 
administrative review of the antidumping duty order on ESB rubber from 
Mexico.\1\ On November 21, 2019, we published the Preliminary Results 
of this administrative review.\2\ On January 6, 2020, Lion Elastomers 
LLC (the petitioner) submitted a case brief.\3\ On January 13, 2020, 
Negromex submitted a rebuttal brief.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018).
    \2\ See Emulsion Styrene-Butadiene Rubber from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 64274 (November 21, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Petitioner's Letter, ``Antidumping Review of Emulsion 
Styrene-Butadiene Rubber (E-SBR) from Mexico: Case Brief,'' dated 
January 6, 2020.
    \4\ See Negromex's Letter, ``Emulsion Styrene-Butadiene Rubber 
from Mexico--First Antidumping Duty Administrative Review: Rebuttal 
Case Brief,'' dated January 13, 2020.
---------------------------------------------------------------------------

    On March 12, 2020, we extended the deadline for the final results 
of this review to May 19, 2020.\5\ On April 24, 2020, Commerce tolled 
all deadlines in administrative reviews by 50 days, thereby extending 
the deadline for these final results to July 8, 2020.\6\ Commerce 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from 
Mexico: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated March 12, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is cold-polymerized emulsion 
styrene-butadiene rubber.\7\ The subject merchandise is currently 
classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \7\ For a full description of the scope, see Memorandum, 
``Emulsion Styrene-Butadiene Rubber from Mexico: Issues and Decision 
Memorandum for the Final Results of the 2017-2018 Antidumping Duty 
Administrative Review,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are listed in the appendix to this notice and are addressed in the 
Issues and Decision Memorandum.\8\ 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. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Changes to the Preliminary Results

    In the Preliminary Results, we found that Negromex was entitled to 
a constructed export price (CEP) offset.\9\ After further review of the 
record and review of interested party comments, we find that a CEP 
offset is not warranted for Negromex.\10\ Accordingly, we incorporated 
this change in the margin program.\11\ For a discussion of the above-
referenced change, see the ``Changes to the Preliminary Results'' 
section of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See Preliminary Results PDM at VII.C.
    \10\ See Issues and Decision Memorandum at Comment 1.
    \11\ See Memorandum, ``Final Results Analysis Memorandum for 
Industrias Negromex S.A de C.V.,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

Final Results of the Administrative Review

    The weighted-average dumping margin for the final results of this 
administrative review is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.............................        2.68
------------------------------------------------------------------------

Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 212(b)(1), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review.
    For Negromex, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific

[[Page 43537]]

antidumping duty assessment rates by aggregating the total amount of 
dumping calculated for the examined sales of each importer and dividing 
each of these amounts by the total sales value associated with those 
sales. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review where an importer-specific 
assessment rate is not zero or de minimis. Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the importer-specific 
assessment rate is zero or de minimis.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Negromex, for which 
Negromex did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\12\
---------------------------------------------------------------------------

    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex will be 
equal to the rate established in the final results of this 
administrative review; (2) for merchandise exported by producers or 
exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently-completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently-completed segment of this proceeding for the 
producer of the subject merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 19.52 percent, the 
all-others rate established in the investigation.\13\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \13\ See Emulsion Styrene-Butadiene Rubber from Mexico: Final 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
33062 (July 19, 2017).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether To Grant Negromex a Constructed Export Price 
(CEP) Offset
VI. Recommendation

[FR Doc. 2020-15478 Filed 7-16-20; 8:45 am]
BILLING CODE 3510-DS-P