Notice2023-16033
Steel Concrete Reinforcing Bar From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021
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
July 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on steel concrete reinforcing bar (rebar) from Mexico to correct a ministerial error. The period of review is November 1, 2020, through October 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48792-48793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16033]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on steel concrete reinforcing bar (rebar) from Mexico to correct
a ministerial error. The period of review is November 1, 2020, through
October 31, 2021.
DATES: Applicable July 28, 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 June 9, 2023, Commerce published the final results of the 2020-
2021 administrative review of rebar from Mexico.\1\ Additionally, on
June 9, 2023, Commerce informed interested parties that it had
disclosed all calculations for the Final Results and provided them with
the opportunity to submit ministerial error comments.\2\ Subsequently,
on June 14, 2023, Commerce received a timely-filed allegation from the
Rebar Trade Action Coalition and its individual members (collectively,
the petitioner), regarding the calculation of the final weighted-
average dumping margin for Deacero S.A.P.I. de C.V. (Deacero)/
Ingeteknos Estructurales, S.A. de C.V. (Ingetek) (collectively, Deacero
Group).\3\ No other interested party submitted comments.
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\1\ See Steel Concrete Reinforcing Bar from Mexico: Final
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR
37849 (June 9, 2023) (Final Results), and accompanying Issues and
Decision Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated June 9, 2023.
\3\ See Petitioner's Letter, ``Ministerial Error Comments on
Deacero's Final Margin Calculations,'' dated June 14, 2023.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors
in addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . .''.
Ministerial Error
The petitioner alleges that, in the final results of the review,
Commerce made inadvertent errors with respect to the treatment of
Ingetek's home market sales databases, and with respect to the
treatment of missing payment dates that were factored into the
calculation of U.S. credit expenses, which it claims resulted in an
incorrect weighted-average dumping margin calculated for Deacero Group.
We have analyzed the allegations and find that the petitioner made
a timely allegation concerning a ministerial error within the meaning
of section 751(h) of the Act and 19 CFR 351.224(f) pertaining to use of
Ingetek's home market sales dabases, but that the petitioner's
allegation alleging a ministerial error in calculating U.S. credit
expenses is untimely.
Accordingly, we have revised the margin calculations such that
normal value is based on the intended treatment of Deacero Group's home
market sales, but have made no modification to our calculation of U.S.
credit expenses.
Details of Commerce's analysis of the petitioner's ministerial
error allegations are included in the Ministerial Error Allegation
Memorandum.\4\ The Ministerial Error Allegation Memorandum is a public
document and is available 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>.
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\4\ See Memorandum, ``Ministerial Error Allegation,'' dated
concurrently with this notice (Ministerial Error Allegation
Memorandum).
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Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of this ministerial error
in the calculation of the weighted-average dumping margin for Deacero
Group, which changes from 2.30 percent to 2.49 percent.\5\ Furthermore,
we are amending the weighted-average dumping margin for the companies
not selected for individual examination in this review. The weighted-
average dumping margin for the non-examined companies is based on the
weighted-average dumping margins calculated for the mandatory
respondents, Deacero Group and Grupo Acerero S.A. de C.V. (Acerero),
which changes from 5.78 percent to 5.93 percent.\6\
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\5\ Id.
\6\ See Memorandum, ``Amended Non-Examined Company Rate
Calculation,'' dated concurrently with this notice.
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Amended Final Results of Review
As a result of correcting the ministerial error, 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, 2.49
S.A. de C.V........................................
Grupo Acerero S.A. de C.V.\7\....................... 16.28
ArcelorMittal Mexico SA de CV....................... 5.93
[[Page 48793]]
Grupo Simec/Aceros Especiales Simec Tlaxcala, S.A. 5.93
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.....
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Disclosure
We will disclose the calculations performed for these amended final
results to parties to this segment of the proceeding within five days
of the date of the publication of these amended final results, pursuant
to 19 CFR 351.224(b).
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\7\ The weighted-average dumping margin for Acerero remains
unchanged from the Final Results. See Final Results, 88 FR at 37850.
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), for Deacero Group and
Acerero, we calculated importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales for each importer to the total
entered value of the sales for each importer. Where an importer-
specific antidumping duty assessment rate is zero or de minimis, within
the meaning of 19 CFR 351.106(c)(1), Commerce will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise made during the period of review produced by either
Deacero Group or Acerero for which the examined company did not know
that the merchandise that it sold to the intermediary company (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.
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 amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\8\
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\8\ 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 amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after June 9,
2023, the date of publication of the Final Results of this
administrative review. As provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the companies listed above will be
equal to the weighted-average dumping margin established in these
amended final results of review; (2) for exporters not covered in this
review but covered in a 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 another completed
segment of this proceeding, but the producer is, then 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)
if neither the exporter nor the producer is a firm covered in this or
any previously completed segment of this proceeding, then the cash
deposit rate will be the all-others rate of 20.58 percent established
in the less-than-fair-value investigation.\9\
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\9\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping
Duty Order, 79 FR 65925 (November 6, 2014).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the period of review. Failure to comply with
this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a 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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16033 Filed 7-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 28, 2023.
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