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

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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\
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    \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).
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    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.
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    \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.
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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 https://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)
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Industrias Negromex S.A. de C.V........................           21.26
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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\
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    \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).
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    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\
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    \12\ See section 751(a)(2)(C) of the Act.
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    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).
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    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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.
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    \14\ See Order, 82 FR at 42791.
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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