[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40467-40469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10192]


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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; 2021-2022

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sales of steel concrete reinforcing bar (rebar) from Mexico were made 
at less than normal value during the period of review (POR), November 
1, 2021, through October 31, 2022.

DATES: Applicable May 10, 2024.

FOR FURTHER INFORMATION CONTACT: Patrick Barton 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) 482-0012 or (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2023, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ The review covers five companies, 
including two mandatory respondents, 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. 
(Ingetek) (collectively, Deacero Group), and Acerero S.A. de C.V. 
(Acerero). From January 5 to 10, 2024, interested parties submitted 
case and rebuttal briefs.\2\ For a complete summary of the events that 
have occurred since Commerce

[[Page 40468]]

published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for these final results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
77079 (November 8, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Rebar Trade Action Coalition's Letter, ``RTAC's Case 
Brief,'' dated January 5, 2024; see also Deacero Group's Letter, 
``Case Brief,'' dated January 5, 2024; Gerdau Corsa, S.A.P.I. de 
C.V. and Sidertul S.A. de C.V.'s Letter, ``Letter in Lieu of Case 
Brief of Gerdau Corsa, S.A.P.I. de C.V. and Sidertul S.A. de C.V.,'' 
dated January 5, 2024; Acerero's Letter, ``Rebuttal Brief of Grupo 
Acerero S.A. de C.V.,'' dated January 10, 2024; and Deacero Group's 
Letter, ``Rebuttal Brief,'' dated January 10, 2024.
    \3\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
Mexico: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 4
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    \4\ 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 rebar 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 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 in the 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 a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margins calculated 
for Deacero Group and Acerero. For a detailed discussion of these 
changes, see the Issues and Decision Memorandum.\5\
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    \5\ Id.
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Rate for Non-Individually Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate to apply to companies not selected for individual examination 
when Commerce limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act. 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, for 
guidance when calculating the rate for companies which not selected for 
individual examination in an administrative review.
    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 rates that are zero, de 
minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    For these final results of review, we calculated weighted-average 
dumping margins for both respondents, Deacero Group and Acerero, that 
are not zero, de minimis, or based entirely on the basis of facts 
available. Accordingly, consistent with section 735(c)(5)(A) of the 
Act, we determined the weighted-average dumping margin for each of the 
non-selected companies based on the weighted-average dumping margins 
calculated for the mandatory respondents.\6\
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    \6\ See Memorandum, ``Final Results of the Antidumping Duty 
Administrative Review of Steel Concrete Reinforcing Bar from Mexico: 
Calculation of the Rate for Non-Selected Respondents,'' dated 
concurrently with this notice.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or 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.                       1.16
 Estructurales, S.A. de C.V.............................
Grupo Acerero S.A. de C.V...............................            6.21
Grupo Simec S.A.B. de C.V./Aceros Especiales Simec                  2.11
 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...........................            2.11
Sidertul S.A. de C.V....................................            2.11
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Disclosure

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

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review. In accordance 
with 19 CFR 351.212(b)(1), where the respondents reported the entered 
value of their U.S. sales, Commerce calculated importer-specific ad 
valorem antidumping duty assessment rates based on the ratio of the 
total amount of dumping calculated for each importer's examined sales 
to the total entered value of those same sales. Where the respondents 
did not report entered value, we calculated 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 calculated 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, 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

[[Page 40469]]

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 such 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    The assessment rate for antidumping duties for each of the 
companies not selected for individual examination will be equal to the 
weighted-average dumping margin identified above in the ``Final Results 
of Review'' section.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\7\
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    \7\ See section 751(a)(2)(C) of the Act.
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    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'' 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 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.\8\
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    \8\ See Order, 79 FR at 65926.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 
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 term 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).

    Dated: May 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Issues
    Comment 1: Whether Commerce Should Reallocate Acerero's 
Advertising Expenses as Indirect Selling Expenses
    Comment 2: Whether to Apply Adverse Facts Available (AFA) to 
Certain Acerero Sales
    Comment 3: Whether Commerce Should Deny Acerero's Claimed Home 
Market Billing Adjustments
    Comment 4: Whether Commerce Should Modify its Affiliate Scrap 
Purchase Calculations
    Comment 5: Whether Commerce Should Collapse Certain Companies 
with Deacero Group
    Comment 6: Whether Commerce Should Allocate Certain Costs Across 
Deacero Group's Steel Production
    Comment 7: Whether Commerce Should Correct the Deacero Group 
Affiliate Scrap Purchases Cost Adjustment
    Comment 8: Whether Commerce Should Revise the Manufacturer Field 
Format
    Comment 9: Whether Commerce Should Correct Deacero Group's 
Short-Term Borrowing Rates
    Comment 10: Whether Commerce Incorrectly Treated Home Market 
Warranty Expenses as Indirect Selling Expenses
VI. Recommendation

[FR Doc. 2024-10192 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-DS-P