[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43536-43537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15478]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-848]
Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the producer/
exporter subject to this administrative review made sales of emulsion
styrene-butadiene rubber (ESB rubber) from Mexico at less than normal
value during the period of review (POR) February 24, 2017 through
August 31, 2018.
DATES: Applicable July 17, 2020.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter of the subject
merchandise: Industrias Negromex S.A. de C.V. (Negromex).
On November 15, 2018, we published our initiation of an
administrative review of the antidumping duty order on ESB rubber from
Mexico.\1\ On November 21, 2019, we published the Preliminary Results
of this administrative review.\2\ On January 6, 2020, Lion Elastomers
LLC (the petitioner) submitted a case brief.\3\ On January 13, 2020,
Negromex submitted a rebuttal brief.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
\2\ See Emulsion Styrene-Butadiene Rubber from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 64274 (November 21, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Petitioner's Letter, ``Antidumping Review of Emulsion
Styrene-Butadiene Rubber (E-SBR) from Mexico: Case Brief,'' dated
January 6, 2020.
\4\ See Negromex's Letter, ``Emulsion Styrene-Butadiene Rubber
from Mexico--First Antidumping Duty Administrative Review: Rebuttal
Case Brief,'' dated January 13, 2020.
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On March 12, 2020, we extended the deadline for the final results
of this review to May 19, 2020.\5\ On April 24, 2020, Commerce tolled
all deadlines in administrative reviews by 50 days, thereby extending
the deadline for these final results to July 8, 2020.\6\ Commerce
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
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\5\ See Memorandum, ``Emulsion Styrene-Butadiene Rubber from
Mexico: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated March 12, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by this order is cold-polymerized emulsion
styrene-butadiene rubber.\7\ The subject merchandise is currently
classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the order is dispositive.
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\7\ For a full description of the scope, see Memorandum,
``Emulsion Styrene-Butadiene Rubber from Mexico: Issues and Decision
Memorandum for the Final Results of the 2017-2018 Antidumping Duty
Administrative Review,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and are addressed in the
Issues and Decision Memorandum.\8\ 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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\8\ See Issues and Decision Memorandum.
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Changes to the Preliminary Results
In the Preliminary Results, we found that Negromex was entitled to
a constructed export price (CEP) offset.\9\ After further review of the
record and review of interested party comments, we find that a CEP
offset is not warranted for Negromex.\10\ Accordingly, we incorporated
this change in the margin program.\11\ For a discussion of the above-
referenced change, see the ``Changes to the Preliminary Results''
section of the Issues and Decision Memorandum.
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\9\ See Preliminary Results PDM at VII.C.
\10\ See Issues and Decision Memorandum at Comment 1.
\11\ See Memorandum, ``Final Results Analysis Memorandum for
Industrias Negromex S.A de C.V.,'' dated concurrently with this
notice.
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Final Results of the Administrative Review
The weighted-average dumping margin for the final results of this
administrative review is as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Industrias Negromex S.A. de C.V............................. 2.68
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Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 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 not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific
[[Page 43537]]
antidumping duty assessment rates by aggregating the total amount of
dumping calculated for the examined sales of each importer and dividing
each of these amounts by the total sales value associated with those
sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review where an importer-specific
assessment rate is not zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the importer-specific
assessment rate is zero or de minimis.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Negromex, for which
Negromex did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Negromex will be
equal to the rate established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently-completed segment of this proceeding for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 19.52 percent, the
all-others rate established in the investigation.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Emulsion Styrene-Butadiene Rubber from Mexico: Final
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
33062 (July 19, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the 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)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Grant Negromex a Constructed Export Price
(CEP) Offset
VI. Recommendation
[FR Doc. 2020-15478 Filed 7-16-20; 8:45 am]
BILLING CODE 3510-DS-P