[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69907-69909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22369]


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

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

[[Page 69908]]

issue appropriate instructions to CBP based on the final results of 
this review.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \9\ See Initiation Notice, 87 FR at 66277.
---------------------------------------------------------------------------

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 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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         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 
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\
---------------------------------------------------------------------------

    \10\ 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 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\
---------------------------------------------------------------------------

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

    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

[[Page 69909]]

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.
---------------------------------------------------------------------------

    \12\ See Order.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

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