Notice2023-24666
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
November 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 215 (Wednesday, November 8, 2023)</title>
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[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Pages 77079-77081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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:
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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
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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
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</html>Indexed from Federal Register on November 8, 2023.
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