Notice2023-22369
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
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
October 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers/exporters of emulsion styrene-butadiene rubber (ESB rubber) from Mexico did not make sales at prices below normal value during the period of review (POR) September 1, 2021, through August 31, 2022. We also preliminarily find that Dynasol Elastomeros S.A. de C.V. (Dynasol Elastomeros) had no shipments during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69907-69909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22369]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-848]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers/exporters of emulsion styrene-butadiene rubber (ESB
rubber) from Mexico did not make sales at prices below normal value
during the period of review (POR) September 1, 2021, through August 31,
2022. We also preliminarily find that Dynasol Elastomeros S.A. de C.V.
(Dynasol Elastomeros) had no shipments during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2017, Commerce published in the Federal Register
the antidumping duty order on ESB rubber from Mexico.\1\ On November 3,
2022, Commerce initiated an administrative review of the Order, in
accordance with section 751(a) of the Tariff Act of 1930, as Amended
(the Act).\2\ We selected Negromex as the sole mandatory respondent in
this review.\3\
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\1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82
FR 42790 (September 12, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation
Notice). The Initiation Notice references the six companies for
which the petitioner requested review: Continental Tires de Mexico
S.A. de C.V. (Continental Tires); Dynasol Elastomeros; Dynasol LLC
(Dynasol); Hyundai Glovis Mexico S. de R.L. de C.V. (Hyundai
Glovis); Negromex; and Pirelli Neumaticos, S.A. de C.V. (Pirelli
Neumaticos).
\3\ See Memorandum, ``Respondent Selection,'' December 6, 2022.
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On May 18, 2023, Commerce extended the deadline for issuance of the
preliminary results until September 29, 2023.\4\ For a complete
description of the events that followed the initiation of the review,
see the Preliminary Decision Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated May 18, 2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order:
Emulsion Styrene-Butadiene Rubber from Mexico; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is ESB rubber from Mexico. For
a complete description of the scope, see the Preliminary Decision
Memorandum.
Preliminary Determination of No Shipments
On November 4, 2022, we received a letter from Dynasol Elastomeros
notifying Commerce that it had no exports, sales, or entries of subject
merchandise during the POR.\6\ This certification was consistent with
entry data obtained by Commerce.\7\ Therefore, we preliminarily
determine that Dynasol Elastomeros had no shipments of subject
merchandise to the United States during the POR. Consistent with
Commerce's practice,\8\ we find that it is not appropriate to rescind
the review with respect to Dynasol Elastomeros, but rather to complete
the review and
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issue appropriate instructions to CBP based on the final results of
this review.
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\6\ See Dynasol Elastomeros's Letter, ``Notification of No
Shipments,'' dated November 4, 2022.
\7\ Additionally, Commerce issued a no-shipment inquiry to U.S.
Customs and Border Protection (CBP), which is pending at this time.
\8\ See, e.g., Welded Line Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017, 84 FR 4046,
4047 (February 14, 2019), unchanged in Welded Line Pipe from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2016-2017, 84 FR
27762 (June 14, 2019).
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Notice of Intent To Rescind the Review, in Part
Commerce initiated this review with respect to six companies,
including Dynasol.\9\ However, because Dynasol is a U.S. importer,
rather than a producer or exporter of subject merchandise, it is not
eligible for review. Therefore, we are announcing our intent to rescind
this review with respect to Dynasol.
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\9\ See Initiation Notice, 87 FR at 66277.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We have calculated constructed export price in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate for Non-Selected Companies
We did not select Continental Tires, Hyundai Glovis, and Pirelli
Neumaticos for individual examination in this review. The Act and
Commerce's regulations do not address the 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 a less-than-fair value (LTFV) 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.
Negromex is the sole mandatory respondent in this administrative
review, and its weighted-average dumping margin is zero. Accordingly,
we preliminarily assign to the non-selected companies the dumping
margin of 0.00 percent in accordance with section 735(c)(5)(B) of the
Act.
Preliminary Results of the Review
For these preliminary results, Commerce has calculated the
following estimated weighted-average dumping margins for the period
September 1, 2021, through August 31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Industrias Negromex S.A. de C.V............................. 0.00
Continental Tires 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
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. If Negromex's weighted-average dumping margin is not zero or
de minimis in the final results of this review, we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales during the POR to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review where the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. If the
Negromex's weighted-average dumping margin is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Negromex
for which the company did not know that the merchandise was destined
for the United States, we will instruct CBP to liquidate those entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ 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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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific
average rate, as noted in the ``Preliminary Results of the Review''
section, above. If this rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.
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 will be effective 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 the companies
under review will be equal to the weighted-average dumping margin
established in the final results of this administrative review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for producers or exporters not covered in this
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 in which
they were reviewed; (3) if the exporter is not a firm covered in this
review, a prior review, or the original LTFV investigation, but the
producer is, then the cash deposit rate will be the rate established
for the
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most recently-completed segment of this proceeding 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.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after publication of the preliminary results in the Federal
Register.\13\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\14\ Parties who submit case briefs or rebuttal
briefs in this proceeding 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.\15\ Case and rebuttal briefs should be
filed using ACCESS,\16\ and must be served on interested parties.
Executive summaries should be limited to five pages total, including
footnotes. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\17\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303.
\17\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS, within 30 days after the date of publication of this notice. An
electronically filed document must be received successfully in its
entirety by 5:00 p.m. Eastern Time. Hearing requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\18\
Parties should confirm the date, time, and location of the hearing two
days before the scheduled date.
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\18\ See 19 CFR 351.310(d).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of any
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a 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 doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
section 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind the Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-22369 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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