Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 7531-7532 [2021-01921]

Download as PDF Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices written description of the scope of the orders is dispositive. [FR Doc. 2021–01979 Filed 1–28–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–848] Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Industrias Negromex S.A. de C.V. (Negromex) made sales of subject merchandise at prices below normal value during the period of review (POR) September 1, 2018 through August 31, 2019. We invite interested parties to comment on these preliminary results. DATES: Applicable January 29, 2021. FOR FURTHER INFORMATION CONTACT: Annathea Cook, 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) 482–0250. SUPPLEMENTARY INFORMATION: AGENCY: Background khammond on DSKJM1Z7X2PROD with NOTICES On September 12, 2017, Commerce published the antidumping duty order on emulsion styrene-butadiene rubber (ESB rubber) from Mexico.1 On November 12, 2019, in accordance with 19 CFR 351.221(c)(i), Commerce initiated an administrative review of the Order, covering Negromex.2 For details regarding the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 1 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 FR 42790 (September 12, 2017) (Order). 2 We note that the initiation notice separately referenced several companies: ‘‘Industrias Negromex S.A. de C.V.’’; ‘‘Negromex S.A. de C.V.’’; and ‘‘Dynasol, LLC.’’ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 61011 (November 12, 2019). These names all reference Negromex or its affiliated U.S. importer. See Memorandum, ‘‘Clarification of Company Name in Review Request,’’ dated December 4, 2019; accordingly, this review covers one company, Negromex. 3 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Emulsion StyreneButadiene Rubber from Mexico; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 7531 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.4 On July 15, 2020, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), we further extended the deadline for the preliminary results of this review by 120 days.5 On July 21, 2020, Commerce tolled deadlines in administrative reviews by an additional 60 days.6 The deadline for the preliminary results of this review is now January 19, 2021. Disclosure and Public Comment We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results.7 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.8 Parties who submit case briefs or rebuttal briefs in Scope of the Order this proceeding are encouraged to The product covered by the Order is submit with each argument: (1) A ESB rubber from Mexico. For a full statement of the issue, (2) a brief description of the scope, see the summary of the argument, and (3) a Preliminary Decision Memorandum. table of authorities.9 Executive Methodology summaries should be limited to five pages total, including footnotes. Case Commerce is conducting this review briefs should be filed using in accordance with section 751(a) of the and rebuttal ACCESS.10 Note that Commerce has Act. For a full description of the temporarily modified certain of its methodology underlying these preliminary results, see the Preliminary requirements for serving documents containing business proprietary Decision Memorandum. A list of topics information, until further notice.11 included in the Preliminary Decision Pursuant to 19 CFR 351.310(c), Memorandum is included as an interested parties who wish to request a appendix to this notice. The Preliminary hearing must submit a written request to Decision Memorandum is a public the Assistant Secretary for Enforcement document and is made available to the and Compliance, within 30 days after public via Enforcement and the date of publication of this notice. Compliance’s Antidumping and Requests should contain the party’s Countervailing Duty Centralized name, address, and telephone number, Electronic Service System (ACCESS). the number of participants, whether any ACCESS is available to registered users participant is a foreign national, and a at https://access.trade.gov. In addition, a list of the issues to be discussed. If a complete version of the Preliminary request for a hearing is made, Commerce Decision Memorandum is available at will announce the date and time of the http://enforcement.trade.gov/frn/. The hearing. Parties should confirm by signed and electronic versions of the telephone the date, time, and location of Preliminary Decision Memorandum are the hearing two days before the identical in content. scheduled date. Preliminary Results of the Review Assessment Rates We preliminarily determine that the Upon completion of the final results, following weighted-average dumping Commerce shall determine, and U.S. margin exists for the period September Customs and Border Protection (CBP) 1, 2018 through August 31, 2019: shall assess, antidumping duties on all appropriate entries. If Negromex’s Weightedweighted-average dumping margin is average Exporter/producer dumping not zero or de minimis (i.e., less than 0.5 margin percent) in the final results of this (percent) review, we will calculate importerspecific ad valorem antidumping duty Industrias Negromex S.A. de C.V .................................... 21.26 7 See 19 CFR 351.224(b). 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect)’’). 9 See 19 CFR 351.303 (for general filing requirements). 10 See generally 19 CFR 351.303. 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 8 See 4 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. 5 See Memorandum, ‘‘Emulsion StyreneButadiene Rubber from Mexico: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review, 2018–2019,’’ dated July 15, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 7532 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. If Negromex’s weightedaverage dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.12 For entries of subject merchandise during the POR produced by Negromex for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.13 Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register, in accordance with 19 CFR 356.8(a). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the finals results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex in the final results of review will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a producer or exporter not covered in this 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 recentlycompleted segment of this proceeding in which it was reviewed; (3) if the exporter is not a firm covered in this review or the less-than-fair-value (LTFV) 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 merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 19.52 percent,14 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Final Results of Review section 751(a)(2)(C) of the Act. 13 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Notification to Importers This notice also serves as a preliminary 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 occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: January 19, 2021. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Product Comparisons VI. Date of Sale VII. Constructed Export Price VIII. Normal Value IX. Currency Conversion X. Recommendation VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 BILLING CODE 3510–DS–P 14 See PO 00000 Order, 82 FR at 42791. Frm 00007 Fmt 4703 Sfmt 4703 International Trade Administration [A–570–122] Certain Corrosion Inhibitors From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Unless otherwise extended, Commerce intends intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). [FR Doc. 2021–01921 Filed 1–28–21; 8:45 am] 12 See DEPARTMENT OF COMMERCE The Department of Commerce (Commerce) determines that imports of certain corrosion inhibitors (corrosion inhibitors) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2019 through December 31, 2019. SUMMARY: DATES: Applicable January 29, 2021. FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations, Office I, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2201. SUPPLEMENTARY INFORMATION: Background On September 10, 2020, Commerce published its Preliminary Determination of sales at LTFV of corrosion inhibitors from China.1 For a complete description of the events that followed the Preliminary Determination, see 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. 1 See Certain Corrosion Inhibitors from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 55825 (September 10, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Certain Corrosion Inhibitors from the People’s Republic of China: Issues and Decision Memorandum for the Final Determination of Sales at Less Than Fair Value,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7531-7532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01921]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-848]


Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Industrias Negromex S.A. de C.V. (Negromex) made sales of subject 
merchandise at prices below normal value during the period of review 
(POR) September 1, 2018 through August 31, 2019. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable January 29, 2021.

FOR FURTHER INFORMATION CONTACT: Annathea Cook, 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) 482-0250.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, Commerce published the antidumping duty 
order on emulsion styrene-butadiene rubber (ESB rubber) from Mexico.\1\ 
On November 12, 2019, in accordance with 19 CFR 351.221(c)(i), Commerce 
initiated an administrative review of the Order, covering Negromex.\2\ 
For details regarding the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017) (Order).
    \2\ We note that the initiation notice separately referenced 
several companies: ``Industrias Negromex S.A. de C.V.''; ``Negromex 
S.A. de C.V.''; and ``Dynasol, LLC.'' See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 84 FR 61011 
(November 12, 2019). These names all reference Negromex or its 
affiliated U.S. importer. See Memorandum, ``Clarification of Company 
Name in Review Request,'' dated December 4, 2019; accordingly, this 
review covers one company, Negromex.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Emulsion Styrene-
Butadiene Rubber from Mexico; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On July 15, 2020, pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), we 
further extended the deadline for the preliminary results of this 
review by 120 days.\5\ On July 21, 2020, Commerce tolled deadlines in 
administrative reviews by an additional 60 days.\6\ The deadline for 
the preliminary results of this review is now January 19, 2021.
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review, 2018-2019,'' dated July 15, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is ESB rubber from Mexico. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period September 1, 2018 through August 
31, 2019:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V........................           21.26
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\7\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\9\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS.\10\ Note that Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect)'').
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, within 30 days after the date 
of publication of this notice. Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce will 
announce the date and time of the hearing. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If Negromex's weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, we will calculate importer-
specific ad valorem antidumping duty

[[Page 7532]]

assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate 
calculated in the final results of this review is not zero or de 
minimis. If Negromex's weighted-average dumping margin is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.\12\
---------------------------------------------------------------------------

    \12\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
Negromex for which it did not know that the merchandise was destined 
for the United States, we will instruct CBP to liquidate those entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\13\ Commerce intends to issue 
assessment instructions to CBP no earlier than 41 days after the date 
of publication of the final results of this review in the Federal 
Register, in accordance with 19 CFR 356.8(a).
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex in the 
final results of review will be equal to the weighted-average dumping 
margin established in the final results of this administrative review; 
(2) for merchandise exported by a producer or exporter not covered in 
this 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 in which it 
was reviewed; (3) if the exporter is not a firm covered in this review 
or the less-than-fair-value (LTFV) 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 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 19.52 percent,\14\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \14\ See Order, 82 FR at 42791.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, Commerce intends intend to issue the 
final results of this administrative review, including the results of 
our analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary 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 occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-01921 Filed 1-28-21; 8:45 am]
BILLING CODE 3510-DS-P