Notice2021-19406
Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that steel concrete reinforcing bar (rebar) from Mexico was sold in the United States at less than normal value during the period of review (POR), November 1, 2018, through October 31, 2019. In addition, Commerce determines that Ternium Mexico, S.A. de C.V. (Ternium) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 172 (Thursday, September 9, 2021)</title>
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[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Notices]
[Pages 50527-50529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19406]
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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 and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that steel
concrete reinforcing bar (rebar) from Mexico was sold in the United
States at less than normal value during the period of review (POR),
November 1, 2018, through October 31, 2019. In addition, Commerce
determines that Ternium Mexico, S.A. de C.V. (Ternium) had no shipments
of subject merchandise during the POR.
DATES: Applicable September 9, 2021.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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.
SUPPLEMENTARY INFORMATION:
Background
On March 23, 2021, Commerce published the Preliminary Results.\1\
On April 22, 2021, Commerce received case briefs on behalf of the
petitioners \2\ and Deacero S.A.P.I. de C.V. (Deacero). On April 29,
2021, the petitioners and Deacero submitted rebuttal briefs.
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\1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2018-2019, 86 FR 15458 (March 23,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ The petitioners are the Rebar Trade Action Coalition (RTAC)
and its individual members, Nucor Corporation, Ameristeel US Inc.,
Commercial Metals Company, Cascade Steel Rolling Mills, Inc. and
Byer Steel Corporation (the petitioners).
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Commerce extended the deadline for the final results by 58 days on
June 22, 2021.\3\ The deadline for the final results of this review is
now September 17, 2021. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\3\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Antidumping Duty Administrative Review; 2018-2019; Extension
of Deadline for Final Results,'' dated June 22, 2021.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
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 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 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/index.html/">http://enforcement.trade.gov/frn/index.html/</a>.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from Ternium. In the Preliminary Results, we preliminarily
determined that Ternium had no shipments during the POR. We received no
comments from interested parties with respect to this claim. Therefore,
we continue to find that Ternium had no shipments during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we: (1) Corrected an error in Commerce's dumping
margin programming when calculating the weighted-average dumping margin
for Deacero; (2) used a revised U.S. sales database; (3) updated the
date assigned to U.S. sales without a reported payment date; and (4)
updated our calculation of the cost of scrap.\5\
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\5\ Id. at 2-3 and Comments 4, 5 and 6.
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Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (the Act). Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for companies which we did not examine in an administrative
review. Section 735(c)(5)(A) of the Act establishes a preference to
avoid using rates which are zero, de minimis, or based entirely on
facts available (FA) in calculating an all-others rate. Accordingly,
Commerce's practice in administrative reviews has been to average the
weighted-average dumping margins for the companies selected for
individual examination in the annual review, excluding rates that are
zero, de minimis, or based entirely on FA.\6\ For these final results
of review, we calculated a weighted-average dumping margin for Deacero
that is above de minimis and not based entirely on FA. Therefore,
consistent with our practice, we have assigned the companies not
selected for individual examination the weighted-average dumping margin
calculated for Deacero.
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\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
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Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period November 1, 2018, through October 31,
2019:
[[Page 50528]]
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Weighted-average
Producer and/or exporter dumping margin
(percent)
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Deacero S.A.P.I de C.V.\7\......................... 4.93
Review-Specific Average Rate Applicable to the ...................
Following Companies:
Grupo Simec (Aceros Especiales Simec Tlaxcala, 4.93
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 6 S.A. de C.V.; Simec
International, S.A. de C.V.; Simec
International 7 S.A. de C.V.; and Simec
International 9 S.A. de C.V.)\8\..............
AceroMex S.A....................................... 4.93
Arcelor Mittal..................................... 4.93
ArcelorMittal Celaya............................... 4.93
ArcelorMittal Cordoba S.A. de C.V.................. 4.93
ArcelorMittal Lazaro Cardenas S.A. de C.V.......... 4.93
Cia Siderurgica de California, S.A. de C.V......... 4.93
Compania Siderurgica de California, S.A. de C.V.... 4.93
Grupo Villacero S.A. de C.V........................ 4.93
Industrias CH...................................... 4.93
Siderurgica Tultitlan S.A. de C.V.................. 4.93
Talleres y Aceros, S.A. de C.V..................... 4.93
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Assessment Rate
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\7\ This also applies to any entries made under the name DE
ACERO SA. DE CV. While the petitioner requested a review of both DE
ACERO SA. DE CV. and Deacero, Commerce has previously determined
that DE ACERO SA. DE CV. is the same company as Deacero and
therefore, we are treating DE ACERO SA. DE CV. as the same as
Deacero. See, e.g., Steel Concrete Reinforcing Bar from Mexico:
Final Results of Antidumping Duty Administrative Review; 2017-2018,
85 FR 71053 (November 6, 2020) (2017-2018 AR Mexico Rebar Final), at
71053-71054.
\8\ Commerce has previously collapsed the following entities
into a single entity: Grupo Simec; Aceros Especiales Simec 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 6 S.A. de C.V.; Simec International, S.A. de C.V.;
Simec International 7 S.A. de C.V.; and Simec International 9 S.A.
de C.V. See, e.g., 2017-2018 AR Mexico Rebar Final, 85 FR at 71053-
71054.
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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.
Because Deacero's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. 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 sales 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.
For entries of subject merchandise during the POR produced by
Deacero where the producer did not know its merchandise was destined
for the United States, or for entries associated with Ternium, who had
no shipments during the POR, we will instruct CBP to liquidate
unreviewed suspended entries, consistent with the reseller policy, at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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.
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.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ 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 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
[[Page 50529]]
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 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: September 1, 2021.
Christian Marsh,
Acting 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 Grant Deacero a CEP Offset
Comment 2: Whether to Apply Adverse Facts Available to U.S.
Freight Expenses
Comment 3: Whether Section 232 Duties Should be Deducted from
U.S. Price
Comment 4: Whether to Correct for a Macro Programming Error
Comment 5: Whether to Rely on Deacero's Revised U.S. Sales
Database
Comment 6: Whether to Include Certain Items in the Calculation
of Scrap Costs
Comment 7: Whether to Make Adjustments to the Scrap Offset
Calculation
VI. Recommendation
[FR Doc. 2021-19406 Filed 9-8-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 9, 2021.
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