82 FR 33062 - Emulsion Styrene-Butadiene Rubber From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 137 (July 19, 2017)
International Trade Administration
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33062-33064 | |
| FR Document | 2017-14951 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Notices] [Pages 33062-33064] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14951] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-848] Emulsion Styrene-Butadiene Rubber From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Department) determines that emulsion styrene-butadiene rubber (ESB rubber) from Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016. DATES: July 19, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos, AD/CVD [[Page 33063]] Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-2243, respectively. SUPPLEMENTARY INFORMATION: Background On February 24, 2017, the Department of Commerce (Department) published the Preliminary Determination of this antidumping duty LTFV investigation, as provided by section 735 of the Tariff Act of 1930, as amended (Act), in which the Department found that ESB rubber from Mexico was sold at LTFV.\1\ A summary of the events that have occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically 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 to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. --------------------------------------------------------------------------- \1\ See Emulsion Styrene-Butadiene Rubber from Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 11534 (February 24, 2017), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Determination). \2\ See ``Issues and Decision Memorandum for the Final Determination in the Less-Than-Fair-Value Investigation of Emulsion Styrene-Butadiene Rubber from Mexico,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is ESB rubber from Mexico. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Initiation Notice.\3\ Therefore, the scope of this investigation remains unchanged for this final determination. --------------------------------------------------------------------------- \3\ See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico and Poland: Initiation of Less Than Fair Value Investigations, 81 FR 55438 (August 19, 2016) (Initiation Notice). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in March and April 2017, the Department conducted verification of the information reported by the mandatory respondent Industrias Negromex S.A. de C.V.--Planta Altamira (Negromex) for use in the Department's final determination. The Department used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by the respondent. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of these issues is attached to this notice as Appendix II. Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculation for Negromex, and also the all-others rate. All-Others Rate Section 735(c)(5)(A) of the Act provides that in the final determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. For the final determination, the Department calculated an individual estimated weighted-average dumping margin for Negromex, the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Negromex is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The Department determines that the following estimated weighted- average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Industrias Negromex S.A. de C.V.--Planta Altamira 19.52 (Negromex)............................................. All-Others.............................................. 19.52 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of ESB rubber from Mexico as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after February 24, 2017, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted- average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Disclosure The Department intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 735(d) of the Act, the Department will notify the International Trade Commission (ITC) of its final determination. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States [[Page 33064]] is materially injured, or threatened with material injury, by reason of imports of ESB rubber from Mexico no later than 45 days after the Department's final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on appropriate imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as a 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 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 violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: July 10, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation For purposes of this investigation, the product covered is cold- polymerized emulsion styrene-butadiene rubber (ESB rubber). The scope of the investigation includes, but is not limited to, ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and oil-extended non-pigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process. ESB rubber is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The scope of the investigation covers grades of ESB rubber included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as ``Clear'' or ``White Rubber.'' The 1700 grades are oil-extended and thus darker in color, and are often called ``Brown Rubber.'' Specifically excluded from the scope of this investigation are products which are manufactured by blending ESB rubber with other polymers, high styrene resin master batch, carbon black master batch (i.e., IISRP 1600 series and 1800 series) and latex (an intermediate product). The products subject to this investigation are currently classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States (HTSUS). ESB rubber is described by Chemical Abstract Services (CAS) Registry No. 9003- 55-8. This CAS number also refers to other types of styrene butadiene rubber. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Margin Calculations VI. Discussion of the Issues Comment 1: Partial Adverse Fact Available for Negromex's Financial Expense Rate Comment 2: Partial Adverse Facts Available for Negromex's Domestic Brokerage and Handling Expenses, U.S. Brokerage and Handling Expenses, and U.S. Inland Freight From Warehouse to Customer Expenses Comment 3: Partial Adverse Facts Available for Certain Unreported Sales Comment 4: Eligibility for a CEP Offset Comment 5: Recalculation of Negromex's G&A Expense Rate Comment 6: Billing Adjustment Comment 7: Treatment of Freight Expenses Included in Resirene's SG&A Comment 8: Apply the Market Price of Styrene to Negromex's COM Comment 9: Treatment of Technology Expenses in Negromex's G&A Ratio Comment 10: Short-Term Interest Rate for Negromex's Credit Expenses VII. Recommendation [FR Doc. 2017-14951 Filed 7-18-17; 8:45 am] BILLING CODE 3510-DS-P
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minimis, or based entirely on facts International Trade Commission percent of organic acids from the emulsion
otherwise available, the estimated Notification polymerization process.
ESB rubber is produced and sold in
weighted-average dumping margin In accordance with section 735(d) of accordance with a generally accepted set of
calculated for Synthos is the margin the Act, the Department will notify the product specifications issued by the
assigned to all-other producers and International Trade Commission (ITC) of International Institute of Synthetic Rubber
exporters, pursuant to section its final determination. Because the final Producers (IISRP). The scope of the
735(c)(5)(A) of the Act. determination in this proceeding is investigation covers grades of ESB rubber
affirmative, in accordance with section included in the IISRP 1500 and 1700 series
Final Determination of synthetic rubbers. The 1500 grades are
735(b)(2) of the Act, the ITC will make light in color and are often described as
The final weighted-average dumping its final determination as to whether the ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
margins are as follows: domestic industry in the United States are oil-extended and thus darker in color,
is materially injured, or threatened with and are often called ‘‘Brown Rubber.’’
Dumping material injury, by reason of imports of Specifically excluded from the scope of
Exporter/producer margin ESB rubber from Poland no later than 45 this investigation are products which are
(percent) days after the Department’s final manufactured by blending ESB rubber with
other polymers, high styrene resin master
determination. If the ITC determines batch, carbon black master batch (i.e., IISRP
Synthos Dwory ........................... 25.43 that material injury or threat of material
All-Others .................................... 25.43 injury does not exist, the proceeding 1600 series and 1800 series) and latex (an
intermediate product).
will be terminated and all securities The products subject to this investigation
Continuation of Suspension of posted will be refunded or canceled. If are currently classifiable under subheadings
Liquidation the ITC determines that such injury 4002.19.0015 and 4002.19.0019 of the
does exist, the Department will issue an Harmonized Tariff Schedule of the United
In accordance with section States (HTSUS). ESB rubber is described by
antidumping duty order directing CBP
735(c)(1)(B) of the Act, the Department Chemical Abstract Services (CAS) Registry
to assess, upon further instruction by No. 9003–55–8. This CAS number also refers
will instruct U.S. Customs and Border the Department, antidumping duties on
Protection (CBP) to continue to suspend appropriate imports of the subject to other types of styrene butadiene rubber.
Although the HTSUS subheadings and CAS
liquidation of all appropriate entries of merchandise entered, or withdrawn registry number are provided for convenience
ESB rubber from Poland as described in from warehouse, for consumption on or and customs purposes, the written
Appendix I of this notice, which were after the date of the suspension of description of the scope of this investigation
entered, or withdrawn from warehouse, liquidation. is dispositive.
for consumption on or after February 24, Appendix II
2017, the date of publication of the Notification Regarding Administrative
Preliminary Determination of this Protective Orders List of Topics in the Issues and Decision
This notice serves as a reminder to Memorandum
investigation in the Federal Register.
Further, pursuant to section parties subject to an administrative I. Summary
protective order (APO) of their II. Background
735(c)(1)(B)(ii) of the Act and 19 CFR
III. Scope of the Investigation
351.210(d), the Department will instruct responsibility concerning the IV. Discussion of the Issues: Comment 1:
CBP to require a cash deposit equal to disposition of proprietary information
Selling, General and Administrative
the estimated weighted-average disclosed under APO in accordance Expenses
dumping margin or the estimated all- with 19 CFR 351.305(a)(3). Timely V. Recommendation
others rate, as follows: (1) The cash notification of the return or destruction [FR Doc. 2017–14952 Filed 7–18–17; 8:45 am]
of APO materials, or conversion to
deposit rate for the respondents listed BILLING CODE 3510–DS–P
judicial protective order, is hereby
above will be equal to the respondent-
requested. Failure to comply with the
specific estimated weighted-average
regulations and the terms of an APO is DEPARTMENT OF COMMERCE
dumping margin determined in this a violation subject to sanction.
final determination; (2) if the exporter is This determination and this notice are International Trade Administration
not a respondent identified above, but issued and published pursuant to
the producer is, then the cash deposit sections 735(d) and 777(i)(1) of the Act. [A–201–848]
rate will be equal to the respondent- Dated: July 10, 2017.
specific estimated weighted-average Emulsion Styrene-Butadiene Rubber
Gary Taverman, From Mexico: Final Affirmative
dumping margin established for that
Deputy Assistant Secretary for Antidumping Determination of Sales at Less Than
producer of the subject merchandise; and Countervailing Duty Operations, Fair Value
and (3) the cash deposit rate for all other performing the non-exclusive functions and
producers and exporters will be equal to duties of the Assistant Secretary for AGENCY: Enforcement and Compliance,
the all-others estimated weighted- Enforcement and Compliance. International Trade Administration,
average dumping margin. Department of Commerce
Appendix I SUMMARY: The Department of Commerce
Disclosure Scope of the Investigation (Department) determines that emulsion
styrene-butadiene rubber (ESB rubber)
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Department intends to disclose to For purposes of this investigation, the
product covered is cold-polymerized from Mexico is being, or is likely to be,
interested parties its calculations and sold in the United States at less than fair
emulsion styrene-butadiene rubber (ESB
analysis performed in this final rubber). The scope of the investigation value (LTFV). The period of
determination within five days of any includes, but is not limited to, ESB rubber in investigation (POI) is July 1, 2015,
public announcement or, if there is no primary forms, bales, granules, crumbs, through June 30, 2016.
public announcement, within five days pellets, powders, plates, sheets, strip, etc.
ESB rubber consists of non-pigmented DATES: July 19, 2017.
of the date of publication of this notice
rubbers and oil-extended non-pigmented FOR FURTHER INFORMATION CONTACT: Julia
in accordance with 19 CFR 351.224(b). rubbers, both of which contain at least one Hancock or Javier Barrientos, AD/CVD
VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/82_FR_33199/page/1.svg)
![33064 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
is materially injured, or threatened with are oil-extended and thus darker in color, DEPARTMENT OF COMMERCE
material injury, by reason of imports of and are often called ‘‘Brown Rubber.’’
ESB rubber from Mexico no later than Specifically excluded from the scope of National Oceanic and Atmospheric
45 days after the Department’s final this investigation are products which are Administration
determination. If the ITC determines manufactured by blending ESB rubber with
[Docket No. 150902810–7646–01]
that material injury or threat of material other polymers, high styrene resin master
injury does not exist, the proceeding batch, carbon black master batch (i.e., IISRP RIN 0648–XE167
will be terminated and all securities 1600 series and 1800 series) and latex (an
posted will be refunded or canceled. If intermediate product). Listing Endangered or Threatened
the ITC determines that such injury The products subject to this investigation Species; 90-Day Finding on a Petition
does exist, the Department will issue an are currently classifiable under subheadings To List the Winter-Run Puget Sound
antidumping duty order directing CBP 4002.19.0015 and 4002.19.0019 of the Chum Salmon in the Nisqually River
to assess, upon further instruction by Harmonized Tariff Schedule of the United System and Chambers Creek as a
the Department, antidumping duties on States (HTSUS). ESB rubber is described by Threatened or Endangered
appropriate imports of the subject Chemical Abstract Services (CAS) Registry Evolutionarily Significant Unit Under
merchandise entered, or withdrawn No. 9003–55–8. This CAS number also refers the Endangered Species Act
to other types of styrene butadiene rubber.
from warehouse, for consumption on or AGENCY: National Marine Fisheries
Although the HTSUS subheadings and CAS
after the date of the suspension of Service (NMFS), National Oceanic and
registry number are provided for convenience
liquidation. Atmospheric Administration (NOAA),
and customs purposes, the written
Notification Regarding Administrative description of the scope of this investigation
Commerce.
Protective Orders is dispositive. ACTION: Notice of 90-day petition
finding.
This notice serves as a reminder to Appendix II
parties subject to an administrative SUMMARY: We, NMFS, announce a 90-
List of Topics Discussed in the Issues and Day finding on a petition to list the
protective order (APO) of their
Decision Memorandum winter-run Puget Sound chum salmon
responsibility concerning the
disposition of proprietary information I. Summary (Oncorhynchus keta) in the Nisqually
disclosed under APO in accordance II. Background River system and Chambers Creek as a
with 19 CFR 351.305(a)(3). Timely III. Scope Comments threatened or endangered evolutionarily
notification of the return or destruction IV. Scope of the Investigation significant unit (ESU) under the
of APO materials, or conversion to V. Margin Calculations Endangered Species Act (ESA) and to
judicial protective order, is hereby VI. Discussion of the Issues designate critical habitat concurrently
requested. Failure to comply with the Comment 1: Partial Adverse Fact Available with the listing. We find that the
regulations and the terms of an APO is for Negromex’s Financial Expense Rate petition and information in our files do
a violation subject to sanction. Comment 2: Partial Adverse Facts not present substantial scientific or
Available for Negromex’s Domestic commercial information indicating that
This determination and this notice are
Brokerage and Handling Expenses, U.S. the winter-run chum salmon from the
issued and published pursuant to Brokerage and Handling Expenses, and
sections 735(d) and 777(i)(1) of the Act. Nisqually River system and Chambers
U.S. Inland Freight From Warehouse to Creek qualify as an ESU under the ESA.
Dated: July 10, 2017. Customer Expenses As such, we find that the petition does
Gary Taverman, Comment 3: Partial Adverse Facts not present substantial scientific or
Deputy Assistant Secretary for Antidumping Available for Certain Unreported Sales commercial information indicating that
and Countervailing Duty Operations, Comment 4: Eligibility for a CEP Offset the winter-run chum salmon in the
performing the non-exclusive functions and Comment 5: Recalculation of Negromex’s
Nisqually River system and Chambers
duties of the Assistant Secretary for G&A Expense Rate
Enforcement and Compliance. Creek are a ‘‘species’’ eligible for listing
Comment 6: Billing Adjustment
under the ESA.
Appendix I Comment 7: Treatment of Freight Expenses
ADDRESSES: Electronic copies of the
Included in Resirene’s SG&A
Scope of the Investigation Comment 8: Apply the Market Price of petition and other materials are
For purposes of this investigation, the Styrene to Negromex’s COM available on the NMFS West Coast
product covered is cold-polymerized Comment 9: Treatment of Technology Region Web site at
emulsion styrene-butadiene rubber (ESB Expenses in Negromex’s G&A Ratio www.westcoast.fisheries.noaa.gov.
rubber). The scope of the investigation Comment 10: Short-Term Interest Rate for FOR FURTHER INFORMATION CONTACT: Gary
includes, but is not limited to, ESB rubber in Negromex’s Credit Expenses Rule, NMFS West Coast Region, at
primary forms, bales, granules, crumbs,
pellets, powders, plates, sheets, strip, etc.
VII. Recommendation gary.rule@noaa.gov, (503) 230–5424; or
ESB rubber consists of non-pigmented [FR Doc. 2017–14951 Filed 7–18–17; 8:45 am] Maggie Miller, NMFS Office of
rubbers and oil-extended non-pigmented BILLING CODE 3510–DS–P
Protected Resources, at
rubbers, both of which contain at least one margaret.h.miller@noaa.gov, (301) 427–
percent of organic acids from the emulsion 8457.
polymerization process. SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
ESB rubber is produced and sold in
accordance with a generally accepted set of Background
product specifications issued by the On June 29, 2015, we received a
International Institute of Synthetic Rubber
petition from Mr. Sam Wright (Olympia,
Producers (IISRP). The scope of the
investigation covers grades of ESB rubber Washington) to list the winter-run Puget
included in the IISRP 1500 and 1700 series Sound chum salmon (Oncorhynchus
of synthetic rubbers. The 1500 grades are keta) in the Nisqually River system and
light in color and are often described as Chambers Creek as a threatened or
‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades endangered ESU under the ESA and to
VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/82_FR_33199/page/3.svg)
Document Created: 2017-07-19 06:17:40
Document Modified: 2017-07-19 06:17:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | July 19, 2017. | |
| Contact | Julia Hancock or 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) 482-1394 or (202) 482-2243, respectively. | |
| FR Citation | 82 FR 33062 |
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