[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27233-27235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Final Results of 
Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 9, 2016, the Department of Commerce (the 
Department) published the Preliminary Results of the administrative 
review of the antidumping duty order on steel concrete reinforcing bar 
from Mexico (rebar). The period of review (POR) is April 24, 2014, 
through October 31, 2015. The review covers two mandatory respondents, 
Deacero S.A.P.I. de C.V. (Deacero) and Grupo Simec S.A.B. de C.V. 
(Grupo Simec). For these final results, we find that Deacero made sales 
of subject merchandise at less than normal value, while Grupo Simec did 
not make sales of subject merchandise at less than normal value. See 
the ``Final Results of the Review'' section below.

DATES: Effective June 14, 2017.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (for Deacero) or 
Patricia Tran (for Grupo Simec), AD/CVD Operations, Office III, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3692 or (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 9, 2016, the Department published the Preliminary 
Results.\1\ On January 31, 2017, the petitioner,\2\ Grupo Simec, and 
Deacero timely submitted their case briefs.\3\ On January 9, 2017, the 
petitioner and Grupo Simec submitted requests for a hearing.\4\ On 
February 7, 2017, the petitioner, Grupo Simec, and Deacero submitted 
their rebuttal briefs.\5\ On February 8, 2017, Grupo Simec withdrew its 
request for a hearing.\6\ Both Grupo Simec and the petitioner agreed to 
meetings with the Department in lieu of a hearing. Department officials 
met with Grupo Simec and the petitioner on May 3, and 10, 2017, 
respectively.\7\ On May 4, 2017, the Department postponed the final 
results until June 7, 2017.\8\
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 
89053 (December 9, 2016) (Preliminary Results).
    \2\ The petitioner is the Rebar Trade Action Coalition, whose 
individual members are Nucor Corporation, Gerdau Ameristeel US Inc., 
Commercial Metals Company, Cascade Steel Rolling Mills, Inc., and 
Byer Steel Corporation.
    \3\ See the petitioner's letter titled, ``Steel Concrete 
Reinforcing Bar from Mexico--Case Brief,'' dated January 31, 2017; 
see also Deacero's letter titled, ``Steel Concrete Reinforcing Bar 
from Mexico--Case Brief,'' dated January 31, 2017; Grupo Simec's 
letter titled, ``Antidumping Duty Administrative Review of Steel 
Concrete Reinforcing Bar from Mexico--Case Brief,'' dated January 
31, 2017.
    \4\ See letter from the petitioner titled, ``Steel Concrete 
Reinforcing Bar from Mexico: Request for Hearing,'' dated January 9, 
2017. See also letter from Grupo Simec titled, ``Steel Concrete 
Reinforcing Bar from Mexico: Hearing Request,'' dated January 9, 
2017.
    \5\ See the petitioner's letter titled, ``Steel Concrete 
Reinforcing Bar from Mexico--Rebuttal Brief,'' dated February 7, 
2017; see also Deacero's letter titled, ``Steel Concrete Reinforcing 
Bar from Mexico--Rebuttal Brief,'' dated February 7, 2017; Grupo 
Simec's letter titled, ``Antidumping Duty Administrative Review of 
Steel Concrete Reinforcing Bar from Mexico--Rebuttal Case Brief,'' 
dated February 7, 2017.
    \6\ See letter from Grupo Simec titled ``Steel Concrete 
Reinforcing Bar from Mexico: Withdrawal of Hearing Request,'' dated 
February 8, 2017.
    \7\ See Memorandum to the File from Stephanie Moore, Case 
Analyst titled, ``Steel Concrete Reinforcing Bar from Mexico: 
Meeting with Respondents,'' dated May 10, 2017. See also Memorandum 
to the File from Stephanie Moore, Case Analyst titled, ``Steel 
Concrete Reinforcing Bar from Mexico: Meeting with Petitioner,'' 
dated May 16, 2017.
    \8\ See Memorandum titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated May 4, 2017.
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Scope of the Order

    Imports covered by the order are shipments of steel concrete 
reinforcing bar imported in either straight length or coil form (rebar) 
regardless of metallurgy, length, diameter, or grade. The merchandise 
subject to review is currently classifiable under items 7213.10.0000, 
7214.20.0000, and 7228.30.8010. The subject merchandise may also enter 
under other Harmonized Tariff Schedule of the United States (HTSUS) 
numbers including 7215.90.1000, 7215.90.5000, 7221.00.0015, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 
7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, and 
7228.60.6000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive.\9\
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    \9\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review: Steel Concrete Reinforcing Bar from Mexico; 
2014-2015,'' dated concurrently with this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. 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).

[[Page 27234]]

ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit (CRU), room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
company-specific changes to Deacero's final margin calculation with 
respect to the SAS Comparison Market for affiliated purchases of 
electricity, and we revised the general and administrative (G&A) 
expense ratio. However, despite these changes, the weighted-average 
dumping margin for Deacero has not changed.
    For Grupo Simec, we have changed the final margin calculation with 
respect to the SAS Comparison Market for fixed overhead costs, G&A, and 
financial expense ratio. However, despite these changes, the weighted-
average dumping margin for Grupo Simec has not changed.

Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins for the period April 24, 2014, through October 
31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margins
                                                               (percent)
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Deacero S.A.P.I. de C.V.....................................        0.56
Grupo Simec S.A.B. de C.V\10\...............................        0.00
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Disclosure
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    \10\ Pursuant to section 771(33)(B), (F) and (G) of the Tariff 
Act of 1930, as amended (the Act), the Department found Grupo Simec 
S.A.B. de C.V. affiliated with the following producers: Orge S.A. de 
C.V.; Compania Siderurgica del Pacifico S.A. de C.V.; Grupo Chant 
S.A.P.I. de C.V.; RRLC S.A.P.I. de C.V.; Siderurgica del Occidente y 
Pacifico S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec 
International 7 S.A. de C.V.; and Simec International 9 S.A. de C.V. 
The Department collapsed and treated as a single entity Grupo Simec 
S.A.B. de C.V. and these producers for purposes of this 
administrative review pursuant to 19 CFR 351.401(f). The collective 
entity is Grupo Simec.
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    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice, 
in accordance with 19 CFR 351.224(b).

Duty Assessment

    The Department shall determine and Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\11\ 
For Deacero, because its weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent), the Department has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific ad valorem antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
entered value associated with those sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review where an importer-specific assessment rate is not zero or de 
minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis. Because we 
calculated a zero margin for Grupo Simec in the final results of this 
review, we intend to instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\12\
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    \11\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \12\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    We intend to issue assessment instructions directly to CBP 41 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication 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 respondents 
noted above will be the rate 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)(I), 
in which case the cash deposit rate will be zero; (2) for merchandise 
exported by producers or exporters not covered in this administrative 
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; (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 of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 20.58 percent, the all-others rate established in the antidumping 
investigation.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Steel Concrete Reinforcing Bar from Mexico: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, 79 FR 54967 (September 15, 
2014).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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/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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).


[[Page 27235]]


    Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Analysis of Comments
    Comments Concerning Deacero
    Comment 1: Whether to Apply Total Adverse Inferences to Deacero
    Comment 2: Treatment of Scrap Values Reported by Deacero
    Comment 3: Treatment of Non-prime Merchandise Reported by 
Deacero
    Comment 4: Treatment of Affiliated Electricity Purchases 
Reported by Deacero
    Comment 5: Treatment of G&A and Interest Expense Ratios Reported 
by Deacero
    Comment 6: Treatment of Reconciling Items Reported by Deacero
    Comment 7: Treatment of Rebar Costs Relating to Non-Subject 
Merchandise
    Comment 8: Inventory Adjustments
    Comment 9: Method Used to Calculate Deacero's Final Margin
    Comment 10: Sales Passing the Cohen's d Test Based on Time
    Comment Concerning Grupo Simec
    Comment 11: Whether to Apply Adverse Facts Available to Grupo 
Simec
    Comment 12: Whether to Adjust Grupo Simec's Reported Costs
    Comment 13: Whether to Revise the Department's Collapsing 
Analysis
    Comment 14: Clerical Errors
VI. Recommendation

[FR Doc. 2017-12304 Filed 6-13-17; 8:45 am]
 BILLING CODE 3510-DS-P