[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:
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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