Notice2024-02915
Emulsion Styrene-Butadiene Rubber from Mexico: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission; 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
February 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 30 (Tuesday, February 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10037-10038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <SUP>2</SUP>
---------------------------------------------------------------------------
\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
</pre></body>
</html>Indexed from Federal Register on February 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.