Notice2021-16473
Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Industrias Negromex S.A. de C.V. (Negromex) made sales of subject merchandise at prices below normal value during the period of review (POR) September 1, 2018, through August 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41815-41816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16473]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
Industrias Negromex S.A. de C.V. (Negromex) made sales of subject
merchandise at prices below normal value during the period of review
(POR) September 1, 2018, through August 31, 2019.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter of the subject
merchandise: Negromex. On January 29, 2021, Commerce published the
Preliminary Results.\1\ On March 22, 2021, we received case briefs from
the petitioner \2\ and Negromex.\3\ On March 29, 2021, we received a
rebuttal brief from the petitioner.\4\ On May 14, 2021, we extended the
deadline for issuance of the final results of this review to July 28,
2021.\5\
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\1\ See Emulsion Styrene-Butadiene Rubber from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 86 FR 7531 (January 29, 2021) (Preliminary Results).
\2\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber
(E-SBR) from Mexico, Administrative Review 2018-2019: Case Brief and
Request to Participate in Hearing,'' dated March 22, 2021.
\3\ See Negromex's Letter, ``Emulsion Styrene-Butadiene Rubber
from Mexico--Case Brief,'' dated March 22, 2021.
\4\ See Petitioner's Letter, ``Emulsion Styrene-Butadiene Rubber
(E-SBR) from Mexico, Administrative Review 2018-2019: Rebuttal
Brief,'' dated March 29, 2021.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2018-2019,'' dated May 14,
2021.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by the order is emulsion styrene-butadiene
rubber from Mexico. For a complete description of the scope of this
order, see the Issues and Decision Memorandum.\6\
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\6\ 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 2018-2019 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
We addressed all issues raised in the case and rebuttal briefs
filed by interested parties in the Issues and Decision Memorandum.
Attached to this notice, in the Appendix, is a list of the issues which
parties raised. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directlyat <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculation for Negromex.\7\
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\7\ See Issues and Decision Memorandum.
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Final Results of Administrative Review
We are assigning the following dumping margin to the firm listed
below for the POR, September 1, 2018, through August 31, 2019:
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Weighted-
average
Producers/exporters dumping margin
(percent)
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Industrias Negromex S.A. de C.V......................... 23.26
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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 Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise,
in accordance with the final results of this review. Commerce
[[Page 41816]]
intends to issue appropriate 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).
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 antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales to that 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.\8\
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\8\ 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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Cash Deposit Requirements
The following cash deposit requirements 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, as provided by section 751(a)(2)(C) of
the Act: (1) For Negromex, the cash deposit rate will be the rate
established in the final results of this 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 previous review, or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 19.52 percent, the all-others rate established in the LTFV
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82
FR 42790 (September 12, 2017).
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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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: July 27, 2021.
Christian Marsh,
Acting 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Rejection of Unsolicited New Factual Information
(NFI)
Comment 2: Correction of a Calculation Error
VI. Recommendation
[FR Doc. 2021-16473 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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