Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2019-2020, 55579-55581 [2021-21822]

Download as PDF Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices other separate rate respondents, as that rate was based on GODACO’s rate.3 In its First Remand Redetermination, issued in July 2020, Commerce continued to apply AFA to GODACO and continued to apply GODACO’s rate (i.e., $3.87/kilogram) to the separate rate companies, including South Vina.4 In January 2021, the CIT sustained Commerce’s application of total AFA to GODACO and selection of the AFA rate as in accordance with law; however, the CIT remanded Commerce’s determination to it for a second time, instructing Commerce to reevaluate the rate assigned to the non-individually examined companies receiving separate rates who were parties to the litigation.5 In its Second Remand Redetermination, issued under protest in April 2021, Commerce recalculated the rate assigned to the separate rate companies using an average of the separate rates assigned in the four prior administrative reviews.6 On September 27, 2021, the CIT sustained Commerce’s Second Remand Redetermination.7 Timken Notice jspears on DSK121TN23PROD with NOTICES1 In its decision in Timken,8 as clarified by Diamond Sawblades,9 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 27, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is 3 See GODACO Seafood Joint Stock Co. v. United States, 435 F. Supp. 3d 1342 (CIT 2020). While interested parties challenged several aspects of Commerce’s Final Results, the Court sustained the Final Results in all other respects. 4 See Final Results of Redetermination Pursuant to Court Remand, GODACO Seafood Joint Stock Co. v. United States, Court No. 18–00063, Slip Op. 20– 42 (CIT April 1, 2020), dated July 21, 2020 (First Remand Redetermination), available at https:// access.trade.gov/resources/remands/20-42.pdf. 5 See GODACO Seafood Joint Stock Co. v. United States, 494 F. Supp. 3d 1294 (CIT 2021). 6 See Final Results of Redetermination Pursuant to Court Remand, GODACO Seafood Joint Stock Co. v. United States, Court No. 18–00063, Slip Op. 21– 3 (CIT January 6, 2021), dated April 5, 2021 (Second Remand Redetermination). 7 See GODACO Seafood Joint Stock Co. v. United States, Court No. 18–00063, Slip Op 21–131 (CIT September 27, 2021). 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 20:38 Oct 05, 2021 Jkt 256001 published in fulfillment of the publication requirements of Timken. Amended Final Results 55579 DEPARTMENT OF COMMERCE International Trade Administration [A–201–848] Because there is now a final court judgment, Commerce is amending its Final Results with respect to the dumping margin assigned to CASEAMEX, Green Farms, HVG, NTSF, South Vina, and Vinh Quang. The rate assigned to these six separate rate companies is $0.89 per kilogram. Cash Deposit Requirements Because CASEAMEX, Green Farms, HVG, NTSF, and Vinh Quang have a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate for those exporters. For South Vina, which does not have a superseding cash deposit rate, Commerce will issue revised cash deposit instructions to CBP. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were exported by CASEAMEX, GODACO, Golden Quality, Green Farms, HVG, NTSF, South Vina, or Vinh Quang, and were entered, or withdrawn from warehouse, for consumption during the period August 1, 2015, through July 31, 2016. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by CASEAMEX, GODACO, Golden Quality, Green Farms, HVG, NTSF, South Vina, and Vinh Quang in accordance with 19 CFR 351.212(b). Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Industrias Negromex S.A. de C.V. (Negromex) made sales of emulsion styrene-butadiene rubber (ESB rubber) from Mexico at less than normal value during the period of review (POR) September 1, 2019, through August 31, 2020. We invite interested parties to comment on these preliminary results. DATES: Applicable October 6, 2021. FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Christopher Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3860 or (202) 482–0213, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 30, 2020, Commerce initiated an administrative review of the antidumping duty order on ESB rubber from Mexico, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).1 This review covers one producer/exporter of the subject merchandise, Negromex. On May 18, 2021, Commerce extended the preliminary results by 120 days, until September 30, 2021.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 Scope of the Order The product covered by this order is ESB rubber from Mexico. For a full description of the scope, see the Preliminary Decision Memorandum. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: September 30, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–21789 Filed 10–5–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 68840 (October 30, 2020). 2 See Memorandum, ‘‘Emulsion StyreneButadiene Rubber: Extension of Deadline for Preliminary Results of the 2019–2020 Antidumping Duty Administrative Review,’’ dated May 18, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Emulsion StyreneButadiene Rubber from Mexico; 2019–2020,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\06OCN1.SGM 06OCN1 55580 Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 Methodology Commerce is conducting this review in accordance with section 751(a) of the Act. We have calculated constructed export price in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. 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 this review and for future deposits of estimated duties, where applicable.4 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced Negromex for which the company 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.5 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 Preliminary Results of the Review shipments of the subject merchandise We preliminarily determine that the entered, or withdrawn from warehouse, following weighted-average dumping for consumption on or after the margin exists for the respondent for the publication date of the finals results of period September 1, 2019, through this administrative review, as provided August 31, 2020: by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex will Weighted- be equal to the weighted-average average dumping margin established in the final Exporter/producer dumping results of this administrative review, margin (percent) except if the rate is less than 0.50 percent and, therefore, de minimis Industrias Negromex S.A. de within the meaning of 19 CFR C.V .......................................... 2.65 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for Assessment Rates producers or exporters not covered in Upon completion of this this review but covered in a prior administrative review, Commerce shall segment of the proceeding, the cash determine, and U.S. Customs and deposit rate will continue to be the Border Protection (CBP) shall assess, company-specific rate published for the antidumping duties on all appropriate most recently-completed segment of this entries. If Negromex’s weighted-average proceeding in which they were dumping margin is not zero or de reviewed; (3) if the exporter is not a firm minimis (i.e., less than 0.5 percent) in covered in this review, a prior review, the final results of this review, we will or the original less-than-fair-value calculate importer-specific ad valorem (LTFV) investigation, but the producer antidumping duty assessment rates is, then the cash deposit rate will be the based on the ratio of the total amount of rate established for the most recentlydumping calculated for the importer’s completed segment of this proceeding examined sales to the total entered for the producer of the merchandise; value of those same sales in accordance and (4) the cash deposit rate for all other with 19 CFR 351.212(b)(1). We will producers or exporters will continue to instruct CBP to assess antidumping be 19.52 percent,6 the all-others rate duties on all appropriate entries covered 4 See section 751(a)(2)(C) of the Act. by this review where the importer5 For a full discussion of this practice, see specific assessment rate calculated in Antidumping and Countervailing Duty Proceedings: the final results of this review is not Assessment of Antidumping Duties, 68 FR 23954 zero or de minimis. If the respondent’s (May 6, 2003). weighted-average dumping margin is 6 See Emulsion Styrene-Butadiene Rubber from zero or de minimis, we will instruct CBP Brazil, the Republic of Korea, Mexico, and Poland: VerDate Sep<11>2014 20:38 Oct 05, 2021 Jkt 256001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 Case and rebuttal briefs should be filed using ACCESS,10 and must be served on interested parties. Executive summaries should be limited to five pages total, including footnotes. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 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, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to Antidumping Duty Orders, 82 FR 42790 (September 12, 2017). 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; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 9 See 19 CFR 351.309 (c)(2) and (d)(2). 10 See 19 CFR 351.303. 11 See Temporary Rule. E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a 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 351.221(b)(4). Dated: September 30, 2021. Christian Marsh, Acting 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. 2021–21822 Filed 10–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–863; A–475–832; A–570–026; A– 580–878; A–583–856] Corrosion-Resistant Steel Products From India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: Final Results of Expedited Sunset Reviews of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on corrosion-resistant steel products (CORE) from India, Italy, the People’s Republic of China (China), the Republic of Korea (Korea), and Taiwan would likely lead to a continuation or jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 20:38 Oct 05, 2021 Jkt 256001 recurrence of dumping at the levels identified in the ‘‘Final Results of Sunset Reviews’’ section of this notice. DATES: Applicable October 6, 2021. FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3640 or (202) 482–1766, respectively. SUPPLEMENTARY INFORMATION: Background On July 25, 2016, Commerce published the AD orders on CORE from India, Italy, China, Korea, and Taiwan in the Federal Register.1 On June 1, 2021, Commerce published the initiation of the first sunset reviews of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On June 14 and 16, 2021, Commerce received timely and complete notices of intent to participate in these sunset reviews from Nucor Corporation (Nucor), California Steel Industries (CSI), Cleveland-Cliffs Inc. (Cleveland-Cliffs), Steel Dynamics Inc. (SDI), and United States Steel Corporation (US Steel) (collectively, domestic interested parties),3 within the 1 See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (collectively, Orders); see also Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81 FR 58475 (August 25, 2016). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239 (June 1, 2021). 3 See Domestic Interested Parties’ Letters, ‘‘FiveYear (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from India: Notice of Intent to Participate in Sunset Review’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from Italy: Notice of Intent to Participate in Sunset Review’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from the People’s Republic of China: Notice of Intent to Participate in Sunset Review’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Intent to Participate in Sunset Review’’; and ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from Taiwan: Notice of Intent to Participate in Sunset Review,’’ each dated June 14, 2021 (Cleveland Cliffs’ Letters); ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Corrosion-Resistant Steel Products from India: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Corrosion-Resistant Steel Products from Italy: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Corrosion-Resistant PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 55581 deadline specified in 19 CFR 351.218(d)(1)(i).4 The domestic interested parties claimed interested party status within the meaning of section 771(9)(C) of the Act as U.S. producers in the United States of the domestic like product.5 On July 1, the domestic interested parties filed timely and adequate substantive responses, within the deadline specified in 19 CFR 351.218(d)(3)(i).6 Commerce did not Steel Products from the People’s Republic of China: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Intent to Participate’’; and ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Corrosion-Resistant Steel Products from Taiwan: Notice of Intent to Participate,’’ each dated June 16, 2021 (CSI’s and SDI’s Letters); ‘‘Five-Year (‘Sunset’) Review Of Antidumping Duty Order on Corrosion-Resistant Steel Products from India: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from Italy: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from the People’s Republic of China: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Intent to Participate’’; ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on CorrosionResistant Steel Products from Taiwan: Notice of Intent to Participate,’’ each dated June 16, 2021 (US Steel’s Letters); and ‘‘Certain Corrosion-Resistant Products from India: Notice of Intent to Participate in Sunset Review’’; ‘‘Certain Corrosion-Resistant Products from Italy: Notice of Intent to Participate in Sunset Review’’; ‘‘Certain Corrosion-Resistant Products from the People’s Republic of China: Notice of Intent to Participate in Sunset Review’’; ‘‘Certain Corrosion-Resistant Products from the Republic of Korea: Notice of Intent to Participate in Sunset Review’’; and ‘‘Certain Corrosion-Resistant Products from Taiwan: Notice of Intent to Participate in Sunset Review,’’ each dated June 16, 2021 (Nucor’s Letters) (collectively, Notice of Intent to Participate Letters). 4 The domestic interested parties include Nucor; CSI; Cleveland-Cliffs (AK Steel Corporation and ArcelorMittal USA LLC were both part of the group of domestic producers that filed the petitions and participated in the original investigations. In 2020, Cleveland-Cliffs acquired AK Steel and the majority of ArcelorMittal USA’s operations); SDI.; and US Steel. 5 See Notice of Intent to Participate Letters. 6 See Domestic Interested Parties’ Letters, ‘‘First Five-Year (‘Sunset’) Review of Antidumping Order on Corrosion-Resistant Steel Products from India: Domestic Industry’s Substantive Response to Notice of Initiation’’; ‘‘First Five-Year (‘Sunset’) Review of Antidumping Order on Corrosion-Resistant Steel Products from Italy: Domestic Industry’s Substantive Response to Notice of Initiation’’; ‘‘First Five-Year (‘Sunset’) Review of Antidumping Order on Corrosion-Resistant Steel Products from the People’s Republic of China: Domestic Industry’s Substantive Response to Notice of Initiation’’; ‘‘First Five-Year (‘Sunset’) Review of Antidumping Order on Corrosion-Resistant Steel Products from the Republic of Korea: Domestic Industry’s Substantive Response to Notice of Initiation’’; and ‘‘First FiveYear (‘Sunset’) Review of Antidumping Order on Corrosion-Resistant Steel Products from Taiwan: Domestic Industry’s Substantive Response to Notice of Initiation,’’ each dated July 1, 2021. E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55579-55581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21822]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-848]


Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary 
Results of the Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Industrias Negromex S.A. de C.V. (Negromex) made sales of emulsion 
styrene-butadiene rubber (ESB rubber) from Mexico at less than normal 
value during the period of review (POR) September 1, 2019, through 
August 31, 2020. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable October 6, 2021.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Christopher Maciuba, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3860 or (202) 482-0213, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 30, 2020, Commerce initiated an administrative review of 
the antidumping duty order on ESB rubber from Mexico, in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ 
This review covers one producer/exporter of the subject merchandise, 
Negromex.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020).
---------------------------------------------------------------------------

    On May 18, 2021, Commerce extended the preliminary results by 120 
days, until September 30, 2021.\2\ For a complete description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber: 
Extension of Deadline for Preliminary Results of the 2019-2020 
Antidumping Duty Administrative Review,'' dated May 18, 2021.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Emulsion 
Styrene-Butadiene Rubber from Mexico; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

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

[[Page 55580]]

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. We have calculated constructed export price in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 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 
http://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the respondent for the period September 1, 
2019, through August 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.............................        2.65
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, 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 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 
where the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. If the respondent'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 
this review and for future deposits of estimated duties, where 
applicable.\4\
---------------------------------------------------------------------------

    \4\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced Negromex for 
which the company 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.\5\
---------------------------------------------------------------------------

    \5\ 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 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 will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review, except if the rate is less than 
0.50 percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for producers or exporters 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 they were reviewed; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original 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; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 19.52 percent,\6\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \6\ 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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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\ Case and rebuttal briefs should be filed using 
ACCESS,\10\ and must be served on interested parties. Executive 
summaries should be limited to five pages total, including footnotes. 
Note that Commerce has 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; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309 (c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
    \11\ See Temporary Rule.
---------------------------------------------------------------------------

    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, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice. Requests should contain: (1) The party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to

[[Page 55581]]

section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a 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 351.221(b)(4).

    Dated: September 30, 2021.
Christian Marsh,
Acting 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. 2021-21822 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-DS-P