[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37849-37851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12332]


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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; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
steel concrete reinforcing bar from Mexico was sold in the United 
States at less than normal value during the period of review (POR), 
November 1, 2020, through October 31, 2021.

DATES: Applicable June 9, 2023.

FOR FURTHER INFORMATION CONTACT: David Lindgren or Kyle Clahane, 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) 482-1671 or (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2022, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ For a summary of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 
75032 (December 7, 2022) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review: Steel Concrete 
Reinforcing Bar from Mexico; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order \3\
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    \3\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping 
Duty Order, 79 FR 65925 (November 6, 2014) (Order).
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    The product covered by the Order is steel concrete reinforcing bar 
from Mexico. For a complete description of the scope, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the

[[Page 37850]]

Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached as an appendix to this notice. 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculation for Deacero Group, which has also 
resulted in changes to the rate assigned to the non-selected companies. 
For a discussion of these changes, see the Issues and Decision 
Memorandum.

Rates for Companies Not Selected for Individual Examination

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. 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} .'' In this segment of the proceeding, 
we calculated weighted-average dumping margins for both mandatory 
respondents, Deacero S.A.P.I. de C.V. (Deacero) and Ingeteknos 
Estructurales, S.A. de C.V. (Ingetek) (collectively, Deacero Group) and 
Grupo Acerero S.A. de C.V. (Acerero), that are not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, 
Commerce is assigning the weighted average of the dumping margins 
calculated for the two respondents as the rate for those companies not 
selected for individual examination, which are listed below.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period November 1, 2020, through October 31, 
2021:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Deacero S.A.P.I. de C.V./Ingeteknos Estructurales,                  2.30
 S.A. de C.V........................................
Grupo Acerero S.A. de C.V...........................               16.28
ArcelorMittal Mexico SA de CV.......................                5.78
Grupo Simec/Aceros Especiales Simec Tlaxcala, S.A.                 5.78%
 de C.V./Compania Siderurgica del Pacifico S.A. de
 C.V./Fundiciones de Acero Estructurales, S.A. de
 C.V./Grupo Chant S.A.P.I. de C.V./Operadora de
 Perfiles Sigosa, S.A. de C.V./Orge S.A. de C.V./
 Perfiles Comerciales Sigosa, S.A. de C.V./RRLC
 S.A.P.I. de C.V./Sider[uacute]rgicos Noroeste, S.A.
 de C.V./Siderurgica del Occidente y Pacifico S.A.
 de C.V./Simec International, S.A. de C.V./Simec
 International 6 S.A. de C.V./Simec International 7
 S.A. de C.V./Simec International 9 S.A. de C.V.....
Sidertul S.A. de C.V................................                5.78
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to interested parties in this review under administrative 
protective order within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), for 
Deacero Group and Acerero, we calculated importer-specific 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. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR for which the examined companies did 
not know that the merchandise they sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, 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.
    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted- average 
dumping margin determined in these final results.
    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 rates for the companies 
identified above in the ``Final Results of Review'' section will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this administrative 
review but covered in a completed 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 or completed 
prior segment of this proceeding but the producer is, the cash deposit 
rate will be the company-specific rate established for the most 
recently-completed segment of this

[[Page 37851]]

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 rate established in the investigation of this 
proceeding.\4\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \4\ See Order, 79 FR at 65926.
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Notification to Importers

    This notice 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 has 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 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 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 sanctionable violation.

Notification 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(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: June 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available to Deacero 
Group
    Comment 2: Whether the Names of Certain Entities Should Be 
Treated as Proprietary Information
    Comment 3: Whether to Continue Collapsing Deacero and Ingetek
    Comment 4: Whether Certain Companies Should be Collapsed with 
Deacero
    Comment 5: Whether to Correct the Treatment of Certain Selling 
Expenses
    Comment 6: Whether to Revise the Treatment of Certain 
Unreconciled Costs
    Comment 7: Whether to Revise the Financial Expense Ratio
    Comment 8: Whether to Include Window Period Sales in the 
Analysis
    Comment 9: Whether to Revise the Treatment of Certain Missing 
Costs
    Comment 10: Whether Commerce Should Rely on Acerero's Post-
Preliminary Home Market Sales Database
    Comment 11: Whether Commerce Should Rely on a Combined General 
and Administrative Expense Ratio for Acerero
    Comment 12: Whether to Modify the Preliminary Treatment of 
Affiliated Scrap Purchases
VI. Recommendation

[FR Doc. 2023-12332 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P