[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64274-64275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25262]



[[Page 64274]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-848]


Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that emulsion styrene-butadiene rubber (ESB rubber) from Mexico is 
being sold at less than normal value during the period of review (POR) 
February 24, 2017 through August 31, 2018. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable November 21, 2019.

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

    On November 15, 2018, Commerce initiated the antidumping duty 
administrative review on ESB rubber from Mexico.\1\ The review covers 
one producer/exporter of the subject merchandise, Industrias Negromex 
S.A. de C.V. (Negromex). Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\2\ As a result, the revised deadline for the preliminary results 
of this administrative review became July 12, 2019. On June 21, 2019, 
we extended the preliminary results until September 10, 2019.\3\ On 
August 30, 2019, we extended the preliminary results until November 12, 
2019.\4\ Interested parties are invited to comment on these preliminary 
results.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018).
    \2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
    \3\ See Memorandum, ``Antidumping Duty Administrative Review of 
Emulsion Styrene-Butadiene Rubber from Mexico: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated August 30, 2019.
    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Emulsion Styrene-Butadiene Rubber from Mexico: 2nd Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated November 12, 2019
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this administrative review is ESB rubber 
from Mexico. For a full description of the scope, see the Preliminary 
Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Emulsion Styrene-
Butadiene Rubber from Mexico; 2017-2018,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are calculated 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 our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
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 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, 
and is available to all parties in the Central Records Unit, Room B8024 
of the main Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exists for the period February 24, 2017 through August 
31, 2018:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Industrias Negromex S.A. de C.V............................        2.61
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If Negromex's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate an importer-specific ad valorem assessment rate based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of the sales in accordance 
with 19 CFR 351.212(b)(1).\6\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. If Negromex's 
weighted-average dumping margin or an importer-specific assessment rate 
is zero or de minimis in the final results of review, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties. The final results of this administrative review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
---------------------------------------------------------------------------

    \6\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    In accordance with our 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. We intend to issue liquidation instructions to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of ESB rubber from Mexico 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2)(C) of the Act: (1) 
The cash deposit rate for companies subject to this review will be 
equal to the weighted-average dumping margins established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior segment of this

[[Page 64275]]

proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment for the 
producer of the merchandise; (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 less-than-fair-value investigation.\7\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \7\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Amended 
Final Affirmative Antidumping Determinations for Brazil and 
Indonesia and Antidumping Duty Orders, 81 FR 11173 (March 3, 2016).
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the interested parties within five days after 
public announcement of the preliminary results in accordance with 19 
CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs not 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 five days after the date for filing 
case briefs.\8\ 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.\9\ Case and rebuttal briefs should be filed using 
ACCESS.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\10\ 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 briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
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 serves as a preliminary 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.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR .351.221(b)(4).

    Dated: November 12, 2019.
Jeffrey I. Kessler,
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. Comparisons to Normal Value
V. Date of Sale
VI. U.S. Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2019-25262 Filed 11-20-19; 8:45 am]
 BILLING CODE 3510-DS-P