Notice2024-10192
Steel Concrete Reinforcing Bar From Mexico: Final 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
May 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40467-40469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <SUP>4</SUP>
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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 <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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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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
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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
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</html>Indexed from Federal Register on May 10, 2024.
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