Emulsion Styrene-Butadiene Rubber from Mexico: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission; 2021-2022, 10037-10038 [2024-02915]
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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
Opportunity for Public Comment and
Submission of Factual Information
As part of this inquiry to review
Armenia’s NME country status,
Commerce invites public comments on
Armenia’s economy on the following
factors enumerated by section
771(18)(B) of the Act, which Commerce
must consider in making ME/NME
determinations:
(i) the extent to which the currency of
the foreign country is convertible into
the currency of other countries;
(ii) the extent to which wage rates in
the foreign country are determined by
free bargaining between labor and
management;
(iii) the extent to which joint ventures
or other investments by firms of other
foreign countries are permitted in the
foreign country;
(iv) the extent of government
ownership or control over the means of
production;
(v) the extent of government control
over allocation of resources and over
price and output decisions of
enterprises; and
(vi) such factors as the administering
authority considers appropriate.
The deadline for the submission of
comments is not later than 30 days after
the date of publication of this notice.
Rebuttal comments, limited to issues
raised in parties’ affirmative comments,
may be filed not later than 14 days after
the date for filing affirmative comments.
Interested parties must submit
comments and factual information at the
Federal eRulemaking Portal: https://
www.Regulations.gov. The identification
number is ITA–2024–0001. An
electronically filed document must be
received successfully in its entirety by
5:00 p.m. Eastern Time on the due date
set forth in this notice.5
Parties may request a hearing in their
comments. If Commerce determines that
a hearing is warranted, parties will be
notified of the date and time for the
hearing, in accordance with 19 CFR
351.310(d).
Unless extended, consistent with 19
CFR 351.216(e), we will issue the final
results of this CCR no later than 270
days after the date on which this review
was initiated.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
This notice is issued and published in
accordance with sections 771(b)(1) and
777(i) of the Act, and 19 CFR 351.221(b)
and (c)(3).
5 See
Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67077 (September 29, 2023).
VerDate Sep<11>2014
16:57 Feb 12, 2024
Jkt 262001
Dated: February 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–02928 Filed 2–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–848]
Emulsion Styrene-Butadiene Rubber
from Mexico: Final Results of
Antidumping Duty Administrative
Review, Final Determination of No
Shipments, and Partial Rescission;
2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Industrias Negromex S.A. de C.V.
(Negromex) did not make sales of
emulsion styrene-butadiene rubber (ESB
rubber) from Mexico at less than normal
value during the period of review (POR),
September 1, 2021, through August 31,
2022. Commerce also determines that
Dynasol Elastomeros, S.A. de C.V.
(Dynasol Elastomeros) had no
shipments during the POR.
Additionally, we are rescinding this
review with respect to Dynasol LLC
(Dynasol).
AGENCY:
DATES:
Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT:
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) 482–0413.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment.1
No interested party submitted
comments on the Preliminary Results.
Accordingly, the final results remain
unchanged from the Preliminary
Results. Commerce conducted this
review in accordance with section 751
1 See Emulsion Styrene-Butadiene Rubber from
Mexico: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments, and Notice of Intent to Rescind,
in Part; 2021–2022, 88 FR 69907 (October 10, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
10037
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order 2
The merchandise covered by the
Order is ESB rubber from Mexico. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Rate for Companies Not Selected for
Individual Examination
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weighted
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
However, pursuant to section
735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
For these final results, we continue to
determine that the weighted-average
dumping margin for Negromex is zero
percent. Therefore, we are applying a
rate of zero percent to the companies
not selected for individual examination
in accordance with section 735(c)(5)(B)
of the Act.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Dynasol Elastomeros
did not have suspended entries of
subject merchandise during the POR.3
No parties commented on Commerce’s
preliminary no-shipment determination.
Therefore, for these final results, we
2 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Antidumping Duty Orders, 82 FR 42790 (September
12, 2017) (Order).
3 See Preliminary Results, 88 FR at 69907–08.
E:\FR\FM\13FEN1.SGM
13FEN1
10038
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
if there is no rate for the intermediate
company(ies) involved in the
transaction.5
For the companies which were not
Partial Rescission
selected for individual examination, we
In the Preliminary Results, we
will instruct CBP to liquidate the
notified parties of our intent to rescind
appropriate entries without regard to
this administrative review for Dynasol,
antidumping duties. Further, because
as it is a U.S. importer and is, therefore, we continue to find that Dynasol
Elastomeros had no shipments of
not eligible for review.4 Because we
subject merchandise during the POR, we
continue to find that Dynasol is not
will instruct CBP to liquidate any
eligible for review, we are rescinding
suspended entries of subject
this review with respect to Dynasol.
merchandise associated with Dynasol
Final Results of the Review
Elastomeros at the all-others rate. For
We determine that the following
Dynasol, for which this administrative
weighted-average dumping margins
review is rescinded, antidumping duties
exist for the POR, September 1, 2021,
shall be assessed at a rate equal to the
through August 31, 2022:
cash deposit of antidumping duties
required at the time of entry, or
Weighted- withdrawal from warehouse, for
average
consumption, in accordance with 19
Exporter/producer
dumping
CFR 351.212(c)(1)(i).
margin
Commerce intends to issue
(percent)
assessment instructions to CBP no
Industrias Negromex S.A. de
earlier than 41 days after the date of
C.V ..........................................
0.00 publication of the final results of this
Continental Tire de Mexico S.A.
review in the Federal Register, in
de C.V .....................................
0.00 accordance with 19 CFR 356.8(a).
continue to determine that Dynasol
Elastomeros had no shipments of
subject merchandise during the POR.
Hyundai Glovis Mexico, S. de
R.L. de C.V .............................
Pirelli Neumaticos, S.A. de C.V
0.00
0.00
Disclosure
Because Commerce received no
comments on the Preliminary Results,
we have not modified our analysis and
no decision memorandum accompanies
this Federal Register notice. We are
adopting the Preliminary Results as the
final results of this review.
Consequently, there are no new
calculations to disclose in accordance
with 19 CFR 351.224(b) for these final
results.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
Negromex, because its weighted-average
dumping margin is zero, we will
instruct CBP to liquidate entries
reported in this review without regard
to antidumping duties. Consistent with
Commerce’s assessment practice, for
entries of subject merchandise during
the POR produced by Negromex for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
4 Id.,
88 FR at 69908.
VerDate Sep<11>2014
16:57 Feb 12, 2024
Jkt 262001
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review in the Federal
Register, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies under
review will be zero; (2) for merchandise
exported by a producer or exporter not
covered in this review but covered in a
prior completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding;
(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 has been
covered in a completed segment of this
proceeding, the cash deposit rate will be
the company-specific rate established
for the most recent period for the
producer of the merchandise; (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,
5 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
6 See Order, 82 FR at 42791.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–02915 Filed 2–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–154]
Certain Pea Protein From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain pea protein (pea
AGENCY:
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10037-10038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02915]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-848]
Emulsion Styrene-Butadiene Rubber from Mexico: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Industrias Negromex S.A. de C.V. (Negromex) did not make sales of
emulsion styrene-butadiene rubber (ESB rubber) from Mexico at less than
normal value during the period of review (POR), September 1, 2021,
through August 31, 2022. Commerce also determines that Dynasol
Elastomeros, S.A. de C.V. (Dynasol Elastomeros) had no shipments during
the POR. Additionally, we are rescinding this review with respect to
Dynasol LLC (Dynasol).
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT: 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ No interested party submitted
comments on the Preliminary Results. Accordingly, the final results
remain unchanged from the Preliminary Results. Commerce conducted this
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Emulsion Styrene-Butadiene Rubber from Mexico:
Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Notice of Intent to
Rescind, in Part; 2021-2022, 88 FR 69907 (October 10, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Scope of the Order 2
---------------------------------------------------------------------------
\2\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82
FR 42790 (September 12, 2017) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is ESB rubber from Mexico. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rate for Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
However, pursuant to section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping margins established for all
exporters and producers individually examined are zero, de minimis, or
determined based entirely on facts otherwise available, Commerce may
use any reasonable method to establish the estimated weighted-average
dumping margin for all other producers or exporters.
For these final results, we continue to determine that the
weighted-average dumping margin for Negromex is zero percent.
Therefore, we are applying a rate of zero percent to the companies not
selected for individual examination in accordance with section
735(c)(5)(B) of the Act.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Dynasol
Elastomeros did not have suspended entries of subject merchandise
during the POR.\3\ No parties commented on Commerce's preliminary no-
shipment determination. Therefore, for these final results, we
[[Page 10038]]
continue to determine that Dynasol Elastomeros had no shipments of
subject merchandise during the POR.
---------------------------------------------------------------------------
\3\ See Preliminary Results, 88 FR at 69907-08.
---------------------------------------------------------------------------
Partial Rescission
In the Preliminary Results, we notified parties of our intent to
rescind this administrative review for Dynasol, as it is a U.S.
importer and is, therefore, not eligible for review.\4\ Because we
continue to find that Dynasol is not eligible for review, we are
rescinding this review with respect to Dynasol.
---------------------------------------------------------------------------
\4\ Id., 88 FR at 69908.
---------------------------------------------------------------------------
Final Results of the Review
We determine that the following weighted-average dumping margins
exist for the POR, September 1, 2021, through August 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V............................. 0.00
Continental Tire de Mexico S.A. de C.V...................... 0.00
Hyundai Glovis Mexico, S. de R.L. de C.V.................... 0.00
Pirelli Neumaticos, S.A. de C.V............................. 0.00
------------------------------------------------------------------------
Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis and no decision memorandum
accompanies this Federal Register notice. We are adopting the
Preliminary Results as the final results of this review. Consequently,
there are no new calculations to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For Negromex, because its weighted-average dumping margin
is zero, we will instruct CBP to liquidate entries reported in this
review without regard to antidumping duties. Consistent with Commerce's
assessment practice, for entries of subject merchandise during the POR
produced by Negromex for which it did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\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).
---------------------------------------------------------------------------
For the companies which were not selected for individual
examination, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. Further, because we continue to
find that Dynasol Elastomeros had no shipments of subject merchandise
during the POR, we will instruct CBP to liquidate any suspended entries
of subject merchandise associated with Dynasol Elastomeros at the all-
others rate. For Dynasol, for which this administrative review is
rescinded, antidumping duties shall be assessed at a rate equal to the
cash deposit of antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i).
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 for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review in
the Federal Register, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies under review will be zero;
(2) for merchandise exported by a producer or exporter not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding;
(3) if the exporter is not a firm covered in this review, a prior
review, or the original less-than-fair-value (LTFV) investigation, but
the producer has been covered in a completed segment of this
proceeding, the cash deposit rate will be the company-specific rate
established for the most recent period for the producer of the
merchandise; (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 Order, 82 FR at 42791.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5) and
19 CFR 351.213(h)(1).
Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-02915 Filed 2-12-24; 8:45 am]
BILLING CODE 3510-DS-P
