Notice2024-28154
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
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
December 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that 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 TA 2000 S.A. de C.V. (TA 2000) sold steel concrete reinforcing bar (rebar) from Mexico at less than normal value during the period of review (POR), November 1, 2022, through October 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 231 (Monday, December 2, 2024)</title>
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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95176-95179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28154]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results
and Rescission, in Part, of Antidumping Duty Administrative Review;
2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that 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 TA 2000 S.A. de C.V. (TA 2000) sold steel concrete reinforcing bar
(rebar) from Mexico at less than normal value during the period of
review (POR), November 1, 2022, through October 31, 2023. Additionally,
Commerce is rescinding this administrative review with respect to
certain companies. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 2, 2024.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane or T.J. Worthington, 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 or (202)
482-4567, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the
antidumping duty (AD) order on rebar from Mexico.\1\ On November 2,
2023, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On December 29, 2023,
pursuant to section
[[Page 95177]]
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the Order covering eleven
companies.\3\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\4\ On July 29, 2024,
Commerce extended the deadline for the preliminary results until
November 22, 2024.\5\
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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, 88 FR 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 29,
2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as Appendix I 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the of the Administrative Review of the Antidumping Duty
Order: Steel Concrete Reinforcing Bar from Mexico; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by this Order is rebar from Mexico. For a full
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Review, In Part
As noted above, we initiated this review with respect to 11
companies.\7\ During the course of the review, we selected two
mandatory respondents, which included three of the named companies.\8\
As a consequence, there are eight companies upon which a review was
requested and which were not selected for individual examination.
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\7\ See Initiation Notice, 88 FR at 90170- 90171. Commerce
previously found Deacero and Ingetek to be affiliated, and we
continue to treat them as a single entity. See Steel Concrete
Reinforcing Bar from Mexico: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 37849 (June 9, 2023) (Rebar
from Mexico AR 2020-2021 Final), and accompanying Issues and
Decision Memorandum (IDM) at Comment 3. Therefore, they were listed
together in the Initiation Notice. Separately, Commerce has
previously collapsed Grupo Simec S.A.B. de C.V.; Aceros Especiales
Simec Tlaxcala, 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.; Siderurgicos Noroeste, S.A. de C.V.; Simec
International 6 S.A. de C.V.; Simec International 7, S.A. de C.V.;
and Simec International, S.A. de C.V. into the single entity ``Grupo
Simec.'' Therefore, they were listed together in the Initiation
Notice. See Rebar from Mexico AR 2020-2021 Final IDM at Comment 3;
see also Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR
63622 (December 11, 2018), and accompanying memorandum,
``Affiliation and Collapsing Memorandum for the Grupo Simec,'' dated
December 3, 2018, unchanged in Steel Concrete Reinforcing Bar from
Mexico: Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 35599 (July 24, 2019).
\8\ See Memorandum, ``Respondent Selection,'' dated March 1,
2024. As discussed below in the ``Preliminary Successor-in-Interest
Determination'' section below, Commerce has preliminarily determined
that TA 2000 is the successor-in-interest to Talleres y Aceros S.A.
de C.V. (TYASA).
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Commerce received a timely withdrawal request within 90 days of the
date of publication of the Initiation Notice with respect to Gerdau
Corsa S.A.P.I. de C.V. (Gerdau Corsa).\9\ No other party requested a
review of this company. As a result, Commerce is rescinding this
review, in part, with respect to Gerdau Corsa in accordance with 19 CFR
351.213(d)(1).\10\
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\9\ See Gerdau Corsa's Letter, ``Withdrawal of Request for
Administrative Review,'' dated January 25, 2024.
\10\ See Appendix II.
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In addition, pursuant to 19 CFR 351.213(d)(3), Commerce will
rescind an administrative review when there are no reviewable suspended
entries. Based on our analysis of U.S. Customs and Border Protection
(CBP) information, eight companies listed in the Initiation Notice had
no entries of subject merchandise during the POR, including one of
which had all its requests for review timely withdrawn (i.e., Gerdau
Corsa) and seven that remain subject to a review request. On March 26,
2024, we notified parties of our intent to rescind this administrative
review with respect to the companies that had no reviewable suspended
entries during the POR.\11\ No party to the proceeding provided
comments on our Intent to Rescind Memorandum. As a result, we are
rescinding this review, in part, with respect to the remaining seven
companies which had no entries in the POR.\12\ Accordingly, the
companies that remain subject to the instant review are Deacero Group
and TA 2000.
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\11\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated March 26, 2024 (Intent to Rescind Memorandum).
\12\ See Appendix II. As explained above, in accordance with 19
CFR 351.213(d)(1), Commerce is also rescinding this review, in part,
with respect to Gerdau Corsa based on receiving a timely withdrawal
request.
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Preliminary Successor-in-Interest Determination
Commerce initiated this administrative review with respect to
eleven companies, including TA 2000 and TYASA.\13\ TA 2000 reported
that the company was formerly named TYASA, and continues to market and
sell merchandise under the TYASA brand name.\14\ We requested
additional information, which TA 2000 submitted in response to a
supplemental questionnaire.\15\ We have analyzed record information
regarding changes in TYASA's management, manufacturing facilities,
customers, and suppliers, and preliminarily determine that TA 2000 is
the successor-in-interest to TYASA. Accordingly, we have treated TYASA
and TA 2000 as the same company in our analysis in this review. See the
Preliminary Decision Memorandum for further information. Should our
preliminary successor-in-interest determination remain unchanged in the
final results of review, we will instruct CBP to apply the assessment
rates that we calculated for TA 2000 to POR entries of subject
merchandise from both TA 2000 and TYASA.
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\13\ See Initiation Notice, 88 FR at 90171.
\14\ See Preliminary Decision Memorandum (citing TA 2000's
Letter, ``Section A Response,'' dated April 25, 2024, at 1).
\15\ See Preliminary Decision Memorandum (citing Commerce's
Letter, ``Supplemental Questionnaire for TA 2000,'' dated August 21,
2024, and TA 2000's Letter, ``Supplemental Response,'' dated
September 23, 2024).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. 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 conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the
period November 1, 2022, through October 31, 2023:
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Weighted-
average
Producer/exporter 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. Estructurales 8.88
S.A........................................................
TA 2000 S.A. de C.V. \16\................................... 22.27
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Disclosure and Public Comment
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\16\ As discussed in further detail in the Preliminary Decision
Memorandum, we preliminarily determine that TA 2000 is the
successor-in-interest to Talleres y Aceros S.A. de C.V.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).\17\
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\17\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\18\ 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.\19\ Interested parties
who submit case or rebuttal briefs in this proceeding must submit: (1)
a table of contents listing each issue; and, (2) a table of
authorities.\20\
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\18\ See 19 CFR 351.309(c)(1)(ii).
\19\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\21\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\22\
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\21\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\22\ See APO and Service Procedures.
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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, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice. Requests should contain (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of the
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the case and rebuttal briefs. If a request for a
hearing is made, we will inform parties of the scheduled date and
location for the hearing at a time to be determined.\23\ Parties should
confirm by telephone the date, time, and location of the hearing no
fewer than two days before the scheduled date. Parties are reminded
that all briefs and hearing requests must be filed electronically using
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern
Time on the due date.
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\23\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by 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 and for future deposits of estimated duties, where
applicable.\24\ 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).
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\24\ See section 751(a)(2)(C) of the Act.
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If the respective weighted-average dumping margins are above de
minimis (i.e., 0.50 percent) in the final results of this review, we
will calculate importer-specific ad valorem AD 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).\25\ 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. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, 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.
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\25\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the companies for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of the administrative
review for all shipments of rebar from Mexico entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results, as provided by section 751(a)(2) of the Act: (1) the
cash deposit rate for each company listed above will be equal to the
dumping margins established in the final results of this review, except
if the ultimate rate is de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rates will be zero; (2)
for merchandise exported by producers or exporters not covered in this
administrative 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 in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original
investigation but the producer is, then the cash deposit rate will be
the rate
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established for the most recently completed segment of the proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 20.58 percent, the
all-others rate established in the AD investigation.\26\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\26\ See Order, 79 FR at 65926.
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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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Preliminary Successor-in-Interest Determination
VI. Affiliation and Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II
Companies Rescinded From Administrative Review
1. Compania Siderurgica del Pacifico S.A. de C.V.
2. Gerdau Corsa, S.A.P.I. de C.V.
3. Grupo Acerero S.A. de C.V.
4. Grupo Simec S.A.B. de C.V.; Aceros Especiales Simec Tlaxcala,
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.;
Siderurgicos Noroeste, S.A. de C.V.; Simec International 6 S.A. de
C.V.; Simec International 7, S.A. de C.V.; Simec International, S.A.
de C.V.
5. RRLC S.A.P.I. de C.V.
6. Sidertul S.A. de C.V.
7. Siderurgica del Occidente y Pacifico S.A. de C.V.
8. Simec International 9 S.A. de C.V.
[FR Doc. 2024-28154 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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