[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Pages 77079-77081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24666]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Preliminary Results 
of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers and/or subject to this administrative review 
sold steel concrete reinforcing bar (rebar) from Mexico at less than 
normal value during the period of review (POR) November 1, 2021, 
through October 31, 2022. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable November 8, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-5449.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2014, Commerce published in the Federal Register the 
antidumping duty order on rebar from Mexico.\1\ On November 1, 2022, 
Commerce published in the Federal Register a notice of opportunity to 
request administrative reviews of the Order.\2\ On January 3, 2023, 
based on timely requests for review, in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.221(c)(1)(i), Commerce initiated an administrative review of the 
Order covering 20 companies.\3\ On January 3, 2023, we selected Deacero 
Group \4\ and Grupo Acerero S.A. de C.V. (Acerero) for individual 
examination as the mandatory respondents in this administrative 
review.\5\ Pursuant to section 751(a)(3)(A) of the Act, Commerce 
extended the deadline for the preliminary results until November 3, 
2023.\6\
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping 
Duty Order, 79 FR 65925 (November 6, 2014) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \3\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
    \4\ Deacero Group consists of Deacero S.A.P.I. de C.V. 
(Deacero); and I.N.G.E.T.E.K.N.O.S. Estructurales, S.A. de C.V.. See 
Steel Concrete Reinforcing Bar from Mexico: Final Results of 
Antidumping Duty Administrative Review; 2020-2021, 88 FR 37849 (June 
9, 2023), and accompanying Issues and Decision Memorandum (IDM) at 
Comment 4.
    \5\ See Memoranda, ``Respondent Selection,'' dated February 17, 
2023; and ``Additional Respondent Selection,'' dated February 22, 
2023.
    \6\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated October 4, 2023.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\7\ A 
list of topics included in the Preliminary Decision Memorandum is 
included in the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Steel Concrete Reinforcing Bar from Mexico; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is steel concrete reinforcing 
bar from Mexico. The rebar subject to the Order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7213.10.0000, 7214.20.0000, 7228.30.8010, 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. While HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of the Order is dispositive. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export price was calculated in 
accordance with section 772 of the Act. Normal value was calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our preliminary results, see the Preliminary 
Decision Memorandum.

Rate for Non-Selected Companies

    For the rate for companies not selected for individual examination 
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 less-than-fair-value (LTFV) 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 
administrative review, we calculated weighted-average dumping margins 
for Deacero Group and Acerero that are not zero, de minimis, or based 
entirely on total facts available. For the respondents that were not 
selected for individual examination in this administrative review, we 
have assigned to them the weighted-average dumping margins calculated 
for Deacero Group and Acerero, consistent with the

[[Page 77080]]

guidance in section 735(c)(5)(B) of the Act.\8\
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    \8\ See Preliminary Decision Memorandum at the section, 
``Companies Not Selected For Individual Examination''; see also 
Memorandum, ``Calculation of the Rate for Respondents Not Selected 
for Individual Examination,'' dated concurrently with this notice; 
and Ball Bearings and Parts Thereof from France, Germany, Italy, 
Japan, and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margins exist for the period November 1, 2021, through October 
31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Deacero S.A.P.I. de C.V./I.N.G.E.T.E.K.N.O.S.                       2.27
 Estructurales, S.A. de C.V.............................
Grupo Acerero S.A. de C.V...............................            5.49
Grupo Simec S.A.B. de C.V./Aceros Especiales Simec                  2.88
 Tlaxcala, S.A. 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.)............
Gerdau Corsa, S.A.P.I. de C.V...........................            2.88
Sidertul S.A. de C.V....................................            2.88
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties will be notified of the timeline for the 
submission of such case briefs and written comments at a later date. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\9\ 
Parties who submit case or rebuttal briefs in this proceeding are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\10\ Executive summaries should be limited to five pages 
total, including footnotes.
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    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electric records system, ACCESS, within 30 days of the date 
of publication of this notice in the Federal Register.\11\ Requests 
should contain: (1) the party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues parties intend 
to discuss. If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.
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    \11\ See 19 CFR 351.310(c).
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    All submissions to Commerce should be filed using ACCESS.\12\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the date that the 
document is due. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
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    \12\ See 19 CFR 351.303.
    \13\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal 
Register.\14\
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    \14\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon issuance of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise.
    For individually examined respondents whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), we will calculate importer-specific ad valorem antidumping 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). If the 
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total quantity associated with those sales. To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either a respondent's weighted average dumping margin is zero or 
de minimis, or an importer-specific ad valorem assessment rate is zero 
or de minimis, we intend to instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\15\
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    \15\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which the producer did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate (20.58 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\16\
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    \16\ See Order, 73 FR at 45405; see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For those companies which were not individually examined, we will 
instruct CBP to assess antidumping duties at an

[[Page 77081]]

ad valorem rate equal to the weighted-average dumping margin determined 
for the non-examined companies in the final results of this review.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review where applicable. 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 rate for each specific 
company listed above will be that 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)(1), in which case the cash deposit rate will be zero; (2) 
for previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or in the 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 merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be the all-others rate of 20.58 percent, 
the rate established in the investigation of this proceeding.\17\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ 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 preliminary 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2023-24666 Filed 11-7-23; 8:45 am]
BILLING CODE 3510-DS-P