Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of Antidumping Duty Administrative Review; 2018-2019, 41815-41816 [2021-16473]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41815-41816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16473]


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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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) 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.

DATES: Applicable August 3, 2021.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers one producer/exporter of the subject 
merchandise: Negromex. On January 29, 2021, Commerce published the 
Preliminary Results.\1\ On March 22, 2021, we received case briefs from 
the petitioner \2\ and Negromex.\3\ On March 29, 2021, we received a 
rebuttal brief from the petitioner.\4\ On May 14, 2021, we extended the 
deadline for issuance of the final results of this review to July 28, 
2021.\5\
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    \1\ See Emulsion Styrene-Butadiene Rubber from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 86 FR 7531 (January 29, 2021) (Preliminary Results).
    \2\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber 
(E-SBR) from Mexico, Administrative Review 2018-2019: Case Brief and 
Request to Participate in Hearing,'' dated March 22, 2021.
    \3\ See Negromex's Letter, ``Emulsion Styrene-Butadiene Rubber 
from Mexico--Case Brief,'' dated March 22, 2021.
    \4\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber 
(E-SBR) from Mexico, Administrative Review 2018-2019: Rebuttal 
Brief,'' dated March 29, 2021.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2018-2019,'' dated May 14, 
2021.
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    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 product covered by the order is emulsion styrene-butadiene 
rubber from Mexico. For a complete description of the scope of this 
order, see the Issues and Decision Memorandum.\6\
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    \6\ 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 2018-2019 Antidumping Duty 
Administrative Review,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed by interested parties in the Issues and Decision Memorandum. 
Attached to this notice, in the Appendix, is a list of the issues which 
parties raised. 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 directlyat https://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the margin calculation for Negromex.\7\
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    \7\ See Issues and Decision Memorandum.
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Final Results of Administrative Review

    We are assigning the following dumping margin to the firm listed 
below for the POR, September 1, 2018, through August 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                    dumping margin
                                                             (percent)
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Industrias Negromex S.A. de C.V.........................           23.26
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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 Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise, 
in accordance with the final results of this review. Commerce

[[Page 41816]]

intends to issue appropriate 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).
    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 antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales to that 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.\8\
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    \8\ 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 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) For Negromex, the cash deposit rate will be the rate 
established in the final results of this 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 previous review, or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recent period for the producer of the 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 LTFV 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017).
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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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: July 27, 2021.
Christian Marsh,
Acting 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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Rejection of Unsolicited New Factual Information 
(NFI)
    Comment 2: Correction of a Calculation Error
VI. Recommendation

[FR Doc. 2021-16473 Filed 8-2-21; 8:45 am]
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