Acrylonitrile-Butadiene Rubber From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 5790-5792 [2022-02114]

Download as PDF 5790 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices produced by subsequent dissolution and hydrogenation of AB Rubber; and (d) reactive liquid polymers containing acrylonitrile and butadiene with amine, epoxy, carboxyl or methacrylate vinyl chemical functionality. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by modifying physical form or packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the AB Rubber. The merchandise subject to this investigation is classified in the HTSUS at subheading 4002.59.0000. While the HTSUS subheading numbers are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Date of Sale VI. Product Comparisons VII. Constructed Export Price VIII. Normal Value IX. Preliminary Determination of Critical Circumstances X. Currency Conversion XI. Recommendation [FR Doc. 2022–02112 Filed 2–1–22; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–201–855] Acrylonitrile-Butadiene Rubber From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that acrylonitrile-butadiene rubber (AB rubber) from Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES: Applicable February 2, 2022. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Faris Montgomery, AD/CVD Operations, Office VIII, Enforcement and Compliance, jspears on DSK121TN23PROD with NOTICES1 VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 27, 2021.1 On November 17, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 26, 2022.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is AB rubber from Mexico. For a complete description of the scope of this investigation, see Appendix I. DEPARTMENT OF COMMERCE AGENCY: International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5973 or (202) 482–1537, respectively. SUPPLEMENTARY INFORMATION: Scope Comments In accordance with the preamble to Commerce’s regulations,4 in the Initiation Notice Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a 1 See Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Initiation of Less-Than-Fair-Value Investigations, 86 FR 40192 (July 27, 2021) (Initiation Notice). 2 See Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 86 FR 64185 (November 17, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Acrylonitrile-Butadiene Rubber from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Based on Commerce’s analysis of the parties’ comments, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Industrias Negromex S.A. de C.V. (Negromex), the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Negromex is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: 6 See Memorandum, ‘‘Antidumping Duty Investigations of Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, and Mexico: Preliminary Scope Decision Memorandum,’’ dated concurrently with this preliminary determination (Preliminary Scope Decision Memorandum). E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices jspears on DSK121TN23PROD with NOTICES1 Exporter/producer Estimated weightedaverage dumping margin (percent) intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment The deadlines for the submission of Industrias Negromex S.A. de C.V. ......................................... 18.43 case and rebuttal briefs with respect to All Others .................................... 18.43 scope issues are specified in the Preliminary Scope Decision Suspension of Liquidation Memorandum. Interested parties will be notified of the deadline for the In accordance with section 733(d)(2) submission of case briefs with respect to of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to non-scope issues at a later date. Rebuttal suspend liquidation of entries of subject briefs, limited to issues raised in nonmerchandise, as described in Appendix scope-related case briefs, may be submitted no later than seven days after I, entered, or withdrawn from the deadline date for case briefs.7 Note warehouse, for consumption on or after that Commerce has temporarily the date of publication of this notice in modified certain of its requirements for the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 serving documents containing business CFR 351.205(d), Commerce will instruct proprietary information, until further notice.8 Pursuant to 19 CFR CBP to require a cash deposit equal to 351.309(c)(2) and (d)(2), parties who the estimated weighted-average submit case briefs or rebuttal briefs in dumping margin or the estimated allthis investigation are encouraged to others rate, as follows: (1) The cash submit with each argument: (1) A deposit rate for the respondent listed statement of the issue; (2) a brief above will be equal to the companysummary of the argument; and (3) a specific estimated weighted-average table of authorities. dumping margin determined in this Pursuant to 19 CFR 351.310(c), preliminary determination; (2) if the interested parties who wish to request a exporter is not a respondent identified above, but the producer is, then the cash hearing, limited to issues raised in the case and rebuttal briefs, must submit a deposit rate will be equal to the written request to the Assistant company-specific estimated weightedaverage dumping margin established for Secretary for Enforcement and Compliance, U.S. Department of that producer of the subject Commerce, within 30 days after the date merchandise; and (3) the cash deposit of publication of this notice. Requests rate for all other producers and should contain the party’s name, exporters will be equal to the all-others address, and telephone number, the estimated weighted-average dumping margin. These suspension of liquidation number of participants, whether any participant is a foreign national, and a instructions will remain in effect until further notice. list of the issues to be discussed. If a request for a hearing is made, Commerce Disclosure intends to hold the hearing at a time and Commerce intends to disclose its date to be determined. Parties should calculations and analysis performed to confirm by telephone the date, time, and interested parties in this preliminary location of the hearing two days before determination within five days of any the scheduled date. public announcement or, if there is no Postponement of Final Determination public announcement, within five days and Extension of Provisional Measures of the date of publication of this notice in accordance with 19 CFR 351.224(b). Section 735(a)(2) of the Act provides that a final determination may be Verification postponed until not later than 135 days As provided in section 782(i)(1) of the after the date of the publication of the Act, Commerce intends to verify the preliminary determination if, in the information relied upon in making its event of an affirmative preliminary final determination. Normally, determination, a request for such Commerce verifies information using postponement is made by exporters who standard procedures, including an onsite examination of original accounting, 7 See 19 CFR 351.309; see also 19 CFR 351.303 financial, and sales documentation. (for general filing requirements). 8 See Temporary Rule Modifying AD/CVD Service However, due to current travel Requirements Due to COVID–19, 85 FR 17006 restrictions in response to the global (March 26, 2020); and Temporary Rule Modifying COVID–19 pandemic, Commerce is AD/CVD Service Requirements Due to COVID–19; unable to conduct on-site verification in Extension of Effective Period, 85 FR 41363 (July 10, this investigation. Accordingly, we 2020). VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 5791 account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On January 7, 2022, pursuant to 19 CFR 351.210(e), Negromex requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.9 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: January 26, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The product covered by this investigation is commonly referred to as acrylonitrile butadiene rubber or nitrile rubber (AB 9 See Negromex’s Letter, ‘‘Request to Postpone Final Determination,’’ dated January 7, 2022. E:\FR\FM\02FEN1.SGM 02FEN1 5792 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices Rubber). AB Rubber is a synthetic rubber produced by the emulsion polymerization of butadiene and acrylonitrile with or without the incorporation of a third component selected from methacrylic acid or isoprene. This scope covers AB Rubber in solid or nonaqueous liquid form. The scope also includes carboxylated AB Rubber. Excluded from the scope of this investigation is AB Rubber in latex form (commonly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 4002.51.0000). Latex AB Rubber is commonly either (a) acrylonitrile/ butadiene polymer in latex form or (b) acrylonitrile/butadiene/methacrylic acid polymer in latex form. The broader definition of latex refers to a water emulsion of a synthetic rubber obtained by polymerization. Also excluded from the scope of this investigation is: (a) AB Rubber containing additives incorporated during the compounding, mixing, molding, or use of AB Rubber comprising greater than twenty percent of the total weight of the product. Additives would include, but are not limited to, fillers (e.g. carbon black, silica, clay); reinforcement agents (e.g. fibers, carbon black, silica); vulcanization agents (e.g. sulfur, sulfur complexes, peroxide); or AB Rubber containing extension oils making up greater than forty percent of the total weight of the product. Such products would be generally classified under HTSUS subheading 4005; (b) AB Rubber containing polyvinyl chloride (PVC) making up greater than twenty percent of total weight of the product; (c) hydrogenated AB Rubber (commonly referred to as AB Rubber) produced by subsequent dissolution and hydrogenation of AB Rubber; (d) reactive liquid polymers containing acrylonitrile and butadiene with amine, epoxy, carboxyl or methacrylate vinyl chemical functionality. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by modifying physical form or packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the AB Rubber. The merchandise subject to this investigation is classified in the HTSUS at subheading 4002.59.0000. While the HTSUS subheading numbers are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II jspears on DSK121TN23PROD with NOTICES1 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Date of Sale VI. Product Comparisons VII. Constructed Export Price VIII. Normal Value IX. Currency Conversion VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 X. Recommendation [FR Doc. 2022–02114 Filed 2–1–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–891] Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that POSCO, the sole producer and exporter subject to this review, made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020. DATES: Applicable February 2, 2022. FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2316. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 4, 2021, Commerce published the Preliminary Results 1 of this administrative review. POSCO is the sole producer and exporter subject to the review. For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.2 Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 3 The scope of the Order includes certain hot-rolled products of carbon 1 See Carbon and Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019– 2020, 86 FR 41951 (August 4, 2021) (Preliminary Results). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Administrative Review of the Antidumping Duty Order on Carbon and Alloy Steel Wire Rod from the Republic of Korea; 2019–2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey, 83 FR 23417 (May 21, 2018) (Order). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid crosssectional diameter. On April 8, 2019, Commerce excluded from the scope of the Order grade 1078 and higher tire cord quality wire rod used in the production of tire cord wire.4 On June 13, 2019, Commerce excluded from the scope of the Order valve spring quality steel products defined as wire rod.5 For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. A list of these issues is attached in an appendix to this notice. 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 https://access.trade.gov/ public/FRNoticesListLayout.aspx. Change Since the Preliminary Results Based on our analysis of the comments received from interested parties, a review of the record, and for the reasons explained in the Issues and Decision Memorandum, we revised the general and administrative expenses ratio and changed the preliminary margin calculation. Final Results of the Review We determine that the following weighted-average dumping margin exists for the period May 1, 2019, through April 30, 2020: Producer and/or Exporter POSCO ....................................... WeightedAverage Dumping Margin (percent) 7.46 Disclosure We intend to disclose the calculations performed for the final results within five days of the publication date of this notice in the Federal Register, in 4 See Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019). 5 See Carbon and Alloy Steel Wire Rod from the Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 27582 (June 13, 2019). E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5790-5792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02114]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-855]


Acrylonitrile-Butadiene Rubber From Mexico: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that acrylonitrile-butadiene rubber (AB rubber) from Mexico is being, 
or is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is April 1, 2020, through 
March 31, 2021. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Faris Montgomery, 
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) 482-5973 
or (202) 482-1537, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 27, 
2021.\1\ On November 17, 2021, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 26, 2022.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Acrylonitrile-Butadiene Rubber from France, the Republic 
of Korea, and Mexico: Initiation of Less-Than-Fair-Value 
Investigations, 86 FR 40192 (July 27, 2021) (Initiation Notice).
    \2\ See Acrylonitrile-Butadiene Rubber from France, the Republic 
of Korea, and Mexico: Postponement of Preliminary Determinations in 
the Less-Than-Fair-Value Investigations, 86 FR 64185 (November 17, 
2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Acrylonitrile-Butadiene Rubber from Mexico,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is AB rubber from Mexico. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ in 
the Initiation Notice Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this preliminary determination, and accompanying analysis of all 
comments timely received, see the Preliminary Scope Decision 
Memorandum.\6\ Based on Commerce's analysis of the parties' comments, 
Commerce is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Antidumping Duty Investigations of 
Acrylonitrile-Butadiene Rubber from France, the Republic of Korea, 
and Mexico: Preliminary Scope Decision Memorandum,'' dated 
concurrently with this preliminary determination (Preliminary Scope 
Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Industrias Negromex S.A. de C.V. (Negromex), the 
only individually examined exporter/producer in this investigation. 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Negromex is the margin 
assigned to all other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

[[Page 5791]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V.............................       18.43
All Others..................................................       18.43
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    The deadlines for the submission of case and rebuttal briefs with 
respect to scope issues are specified in the Preliminary Scope Decision 
Memorandum. Interested parties will be notified of the deadline for the 
submission of case briefs with respect to non-scope issues at a later 
date. Rebuttal briefs, limited to issues raised in non-scope-related 
case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\7\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation 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.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and 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, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, 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 intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 7, 2022, pursuant to 19 CFR 351.210(e), Negromex 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\9\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \9\ See Negromex's Letter, ``Request to Postpone Final 
Determination,'' dated January 7, 2022.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation is commonly referred 
to as acrylonitrile butadiene rubber or nitrile rubber (AB

[[Page 5792]]

Rubber). AB Rubber is a synthetic rubber produced by the emulsion 
polymerization of butadiene and acrylonitrile with or without the 
incorporation of a third component selected from methacrylic acid or 
isoprene. This scope covers AB Rubber in solid or non-aqueous liquid 
form. The scope also includes carboxylated AB Rubber.
    Excluded from the scope of this investigation is AB Rubber in 
latex form (commonly classified under Harmonized Tariff Schedule of 
the United States (HTSUS) subheading 4002.51.0000). Latex AB Rubber 
is commonly either (a) acrylonitrile/butadiene polymer in latex form 
or (b) acrylonitrile/butadiene/methacrylic acid polymer in latex 
form. The broader definition of latex refers to a water emulsion of 
a synthetic rubber obtained by polymerization.
    Also excluded from the scope of this investigation is: (a) AB 
Rubber containing additives incorporated during the compounding, 
mixing, molding, or use of AB Rubber comprising greater than twenty 
percent of the total weight of the product. Additives would include, 
but are not limited to, fillers (e.g. carbon black, silica, clay); 
reinforcement agents (e.g. fibers, carbon black, silica); 
vulcanization agents (e.g. sulfur, sulfur complexes, peroxide); or 
AB Rubber containing extension oils making up greater than forty 
percent of the total weight of the product. Such products would be 
generally classified under HTSUS subheading 4005; (b) AB Rubber 
containing polyvinyl chloride (PVC) making up greater than twenty 
percent of total weight of the product; (c) hydrogenated AB Rubber 
(commonly referred to as AB Rubber) produced by subsequent 
dissolution and hydrogenation of AB Rubber; (d) reactive liquid 
polymers containing acrylonitrile and butadiene with amine, epoxy, 
carboxyl or methacrylate vinyl chemical functionality.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise processed 
in a third country, including by modifying physical form or 
packaging with another product, or performing any other finishing, 
packaging, or processing that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the AB Rubber.
    The merchandise subject to this investigation is classified in 
the HTSUS at subheading 4002.59.0000. While the HTSUS subheading 
numbers are provided for convenience and customs purposes, the 
written description of the merchandise under investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

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

[FR Doc. 2022-02114 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P