Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 69907 

1See Emulsion Styrene-Butadiene Rubber from 

Brazil, the Republic of Korea, Mexico, and Poland: 

Antidumping Duty Orders, 82 FR 42790 (September 

12, 2017) (Order). 

2See 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). 

3See Memorandum, ‘‘Respondent Selection,’’ 

December 6, 2022. 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of the 2021–2022 Antidumping 

Duty Administrative Review,’’ dated May 18, 2023. 

5See 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). 

6See Dynasol Elastomeros’s Letter, ‘‘Notification 

of No Shipments,’’ dated November 4, 2022. 

7Additionally, Commerce issued a no-shipment 

inquiry to U.S. Customs and Border Protection 

(CBP), which is pending at this time. 

8See, 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). 

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 and/or countervailing 

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 and/or 

countervailing duties has occurred and 

the subsequent assessment of double 

antidumping duties, and/or an increase 

in the amount of antidumping duties by 

the amount of countervailing 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 

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 or 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 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: October 3, 2023. 

Lisa W. Wang, 

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. Change Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Whether Commerce 

Incorrectly Valued Overhead Materials 

as Direct Materials 

Comment 2: Whether Commerce Should 

Use the Initial Factors of Production 

(FOP) Database to Calculate Surrogate 

Values (SV) 

Comment 3: Use of Financial Statements 

(FS) to Value Factory Overhead, Selling, 

General, and Administrative Expenses, 

and Profit 

Comment 4: Whether Commerce Should 

Continue to Assign Separate Rate Status 

to Kanghua Chemical Co., Ltd. (Chuzhou 

Kanghua) 

Comment 5: Whether Commerce Should 

Value Air Freight Based on International 

Air Transport Association (IATA) or 

Malaysian Investment Development 

Authority (MIDA) Data 

Commerce 6: Whether Commerce Should 

Value Labor Rates Based on Malaysian 

International Labor Organization 

(ILOSTAT) Data Instead of European 

Union Statistics Service (EUROSTAT) 

Labor Data 

Commerce 7: Whether Commerce Should 

Offset Botao’s AD Margin by the Double 

Remedy Pass Through Subsidies 

Calculated in the Companion 

Countervailing Duty (CVD) Proceeding 

Commerce 8: Whether Commerce’s 

Application of the Cohen’s d Test to 

Botao’s U.S. Sales Is Supported by Law 

VI. Recommendation 

[FR Doc. 2023–22407 Filed 10–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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

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 


ddrumheller on DSK120RN23PROD with NOTICES1
69908 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 

9See Initiation Notice, 87 FR at 66277. 

10For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

11See section 751(a)(2)(C) of the Act. 

issue appropriate instructions to CBP 

based on the final results of this review. 

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. 

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 https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

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 lessthan-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 nonselected 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: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

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 

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 importerspecific 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 weightedaverage 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

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

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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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 69909 

12See Order. 

13See 19 CFR 351.224(b). 

14See 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). 

15See 19 CFR 351.309(c)(2) and (d)(2). 

16See 19 CFR 351.303. 

17See Temporary Rule. 

18See 19 CFR 351.310(d). 

1See Certain Carbon Steel Butt-Weld Pipe Fittings 

from the People’s Republic of China: Preliminary 

Results of Covered Merchandise Inquiry, 88 FR 

41075 (June 23, 2023) (Preliminary Results); see 

also Antidumping Duty Order and Amendment to 

the Final Determination of Sales at Less Than Fair 

Value; Certain Carbon Steel Butt-Weld Pipe Fittings 

from the People’s Republic of China, 57 FR 29702 

(July 6, 1992) (Order). 

2See Norca’s Letter, ‘‘Norca Industrial Company, 

LLC Case Brief,’’ dated June 28, 2023; see also 

Norca’s Letter, ‘‘Norca Industrial Company, LLC 

Rebuttal Case Brief,’’ dated July 3, 2023. 

3See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’ 

dated June 28, 2023; see also Petitioners’ Letter, 

‘‘Petitioners’ Rebuttal Brief,’’ dated July 3, 2023. 

4See Memorandum, ‘‘Decision Memorandum for 

the Final Results of Covered Merchandise Inquiry— 

Continued 

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. 

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

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. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–814] 

Certain Carbon Steel Butt-Weld Pipe 

Fittings From the People’s Republic of 

China: Final Determination of Covered 

Merchandise Inquiry 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

certain carbon steel butt-weld pipe 

fittings (butt-weld pipe fittings) 

exported from the Socialist Republic of 

Vietnam (Vietnam) to the United States 

that were produced using fittings from 

the People’s Republic of China (China) 

that undergo the first stage of 

production in China (rough fittings) and 

the second and third stages of 

production in Vietnam are not subject to 

the scope of the antidumping duty order 

on butt-weld pipe fittings from China 

based on the evidence on the record in 

this inquiry. Additionally, Commerce 

determines that butt-weld pipe fittings 

from China that undergo the first and 

second stages of production in China 

(unfinished fittings) and the third stage 

of production in Vietnam are subject to 

the scope of the antidumping duty 

order. 

DATES: Applicable October 10, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Miranda Bourdeau, 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) 482–2021. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 23, 2023, Commerce 

published in the Federal Register the 

preliminary results of this covered 

merchandise inquiry, determining that: 

(1) Chinese-origin unfinished fittings 

that only underwent the final stage of 

three production stages (i.e., finishing 

processes) in Vietnam are covered by 

the scope of the Order; and (2) Chineseorigin rough fittings that underwent 

both the second and third stages of 

production in Vietnam are not covered 

by the scope of the Order.1 Commerce 

received comments from Norca 

Industrial Company, LLC (Norca) 2 and 

Tube Forgings of America, Inc., Mills 

Iron Works, Inc., and Hackney-Ladish, 

Inc. (collectively, the petitioners).3

For a complete description of the 

events that followed the Preliminary 

Results, see the Issues and Decision 

Memorandum.4 The Issues and Decision 


ddrumheller on DSK120RN23PROD with NOTICES1