[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35599-35601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15743]
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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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Grupo
Simec made sales of steel concrete reinforcing bar (rebar) from Mexico
below normal value during the period of review (POR) November 1, 2016
through October 31, 2017, but Deacero S.A.P.I. de C.V. (Deacero) did
not.
DATES: Applicable July 24, 2019.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results. For events subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce exercised its discretion to
toll all deadlines affected by the partial federal government closure
from December 22, 2018 through the resumption of operations on January
29, 2019.\3\ On May 14, 2019, we extended the deadline for these final
results until July 19, 2019.\4\
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\1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR
63622 (December 11, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2016-2017,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated May 14, 2019.
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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, 7221.00.0017,
7221.00.0018, 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.\5\
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\5\ See Issues and Decision Memorandum for a complete
description of the Scope of the Order.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this
[[Page 35600]]
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). ACCESS is available to
registered users at https://access.trade.gov and in the Central Records
Unit (CRU), room B8024 of the main 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 our analysis of the comments received from parties, we
have made changes to the margin calculations of Grupo Simec and
Deacero. For Grupo Simec, we included the downstream sales from
affiliates that did not pass the arm's-length test, and we corrected an
inadvertent programming error.\6\ For Deacero, instead of applying its
highest home market sales price to unaffiliated customers as partial
AFA for one of its affiliate's home market downstream sales prices, as
neutral facts available, we have disregarded home market sales to the
affiliate in calculating Deacero's margin.\7\ As a result of these
changes, we determine that Deacero did not make sales of subject
merchandise below normal value during the POR.
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\6\ See Memorandum, ``Steel Concrete Reinforcing Bar from Mexico
(2016-2017): Sales and Cost of Production Calculation Memorandum for
the Final Results of Grupo Simec,'' dated concurrently with these
final results.
\7\ See Memorandum, ``Steel Concrete Reinforcing Bar from Mexico
(2016-2017): Sales and Cost of Production Calculation Memorandum for
the Final Results of Deacero S.A.P.I.,'' dated concurrently with
these final results.
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Final Results of the Review
As a result of this review, Commerce calculated a weighted-average
dumping margin that is above de minimis for Grupo Simec and a zero
margin for Deacero for the POR. Therefore, consistent with its practice
and the investigation methodology set forth in section 735(c)(5)(A) of
the Tariff Act of 1930, as amended (the Act), Commerce assigned the
weighted-average dumping margin calculated for Grupo Simec to the seven
non-selected companies in these final results, as referenced below.
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Weighted-average dumping margin
Producer and/or exporter (percent)
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Deacero S.A.P.I. de C.V.............. 0.00 (de minimis).
Grupo Simec (Simec International 6 3.65.
S.A. de C.V., Orge S.A. de C.V.,
Aceros Especiales Simec Tlaxcala,
S.A. de C.V., Fundiciones de Acero
Estructurales, S.A. de C.V.,
Perfiles Comerciales Sigosa, S.A. de
C.V., Operadora de Perfiles Sigosa,
S.A. de C.V.). \8\
Ternium Mexico, S.A. de C.V.......... 3.65.
ArcelorMittal Lazaro Cardenas S.A. de 3.65.
C.V.
Cia Siderurgica De California, S.A. 3.65.
de C.V.
AceroMex S.A......................... 3.65.
ArcelorMittal Celaya................. 3.65.
ArcelorMittal Cordoba S.A. de C.V.... 3.65.
Siderurgica Tultitlan S.A. de C.V.... 3.65.
Talleres y Aceros, S.A. de C.V....... 3.65.
Grupo Villacero S.A. de C.V.......... 3.65.
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Disclosure and Public Comment
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\8\ Commerce previously collapsed Simec International 6 S.A. de
C.V. and Orge S.A. de C.V. with Grupo Simec. See Steel Concrete
Reinforcing Bar from Mexico: Final Results of Antidumping Duty
Administrative Review; 2014-2015, 82 FR 27233 (June 14, 2017). In
this administrative review, Commerce has collapsed Aceros Especiales
Simec Tlaxcala, S.A. de C.V., Fundiciones de Acero Estructurales,
S.A. de C.V., Perfiles Comerciales Sigosa, S.A. de C.V., and
Operadora de Perfiles Sigosa, S.A. de C.V. Industrias CH is
affiliated with Grupo Simec, but Commerce is not collapsing the
company into the single entity because it is not involved in the
production or sale of subject merchandise. See Grupo Simec
Affiliation and Collapsing Memorandum, dated December 3, 2018; see
also Memorandum, ``Administrative Review of Antidumping Duty Order
on Steel Concrete Reinforcing Bar from Mexico: Business Proprietary
Analysis Memorandum Pertaining to the Collapsing Decision for Grupo
Simec in the Final Results,'' dated concurrently with these final
results.
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We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.\9\
For any individually examined respondent whose weighted-average dumping
margin is above de minimis, we calculated importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the totaled entered
value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon
issuance of the final results of this administrative review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent), Commerce will issue
instructions directly to CBP to assess antidumping duties on
appropriate entries. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\9\ In these final results, Commerce 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).
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In accordance with Commerce's ``automatic assessment''
practice,\10\ for entries of subject merchandise during the POR
produced by each respondent for which it did not know that 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.
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\10\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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[[Page 35601]]
We intend to issue assessment instructions directly to CBP 15 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 less-than-fair-value (LTFV) 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 LTFV investigation.\11\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ 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
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 Commerce'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.
Notice to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: July 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Made Since the Preliminary Results
V. Discussion of the Issues
General Issue
Comment 1: Whether ArcelorMittal Celaya Should be Included in
the Liquidation Instructions
Deacero Issues
Comment 2: Whether Commerce Should Continue to Apply Partial AFA
to Deacero for Not Reporting Downstream Resales of Rebar Made by Its
Home Market Affiliate
Comment 3: Whether Commerce Properly Accounted for Deacero's
Non-Prime Sales
Comment 4: Whether Commerce Mistakenly Performed the Arm's-
Length Test on Deacero Sales
Grupo Simec Issues
Comment 5: Whether Commerce Should Continue Collapsing Sigosa
with AEST and FUNACE
Comment 6: Whether Commerce Should Correct an Error in Grupo
Simec's Margin Calculation Program
VI. Recommendation
[FR Doc. 2019-15743 Filed 7-23-19; 8:45 am]
BILLING CODE 3510-DS-P