[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10037-10038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02915]


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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).
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    \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.
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Scope of the Order <SUP>2</SUP>
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    \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).
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    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.
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    \3\ See Preliminary Results, 88 FR at 69907-08.
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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.
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    \4\ Id., 88 FR at 69908.
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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
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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\
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    \5\ 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 
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.
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    \6\ See Order, 82 FR at 42791.
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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