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
<![CDATA[
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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ See Negromex's Letter, ``Request to Postpone Final
Determination,'' dated January 7, 2022.
---------------------------------------------------------------------------
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
