Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2014-2015, 27233-27235 [2017-12304]
Download as PDF
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Issues and Decision
Memorandum
1. Whether the Department Should Rescind
the Review of Harmoni and Jinxiang
Jinma
2. Whether Hejia is Eligible for a Separate
Rate
3. Yuting’s No Shipment Status
4. Whether the Application of AFA to QTFEntity was Warranted, and Whether the
QTF-Entity is Eligible for a Separate Rate
5. The Department’s Application of the $4.71
per kilogram AFA Rate
6. Whether the Department Properly
Calculated Xinboda’s EP
7. Whether the Department Should Rely on
Total AFA in Assigning a Dumping
Margin to Xinboda
8. Whether the Department Correctly
Selected Romania as the Surrogate
Country and Whether Mexico has the
Highest Quality of Data Available
Appendix II—List of Companies Under
Review Subject to the PRC-Wide Rate
1. Jining Yongjia Trade Co., Ltd.
2. Jinxiang Hejia Co., Ltd.
3. The QTF-entity
4. Shandong Zhifeng Foodstuffs Co., Ltd.
5. Zhong Lian Farming Product (Qingdao)
Co., Ltd.
SUPPLEMENTARY INFORMATION:
Background
Appendix III—Companies That Have
Certified No Shipments
1. Jining Yifa Garlic Produce Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co.,
Ltd.
3. Jining Shunchang Import & Export Co.,
Ltd.
4. Jinxiang Guihua Food Co., Ltd.
5. Jinxiang Richfar Fruits & Vegetables Co.,
Ltd.
6. Qingdao Maycarrier Import & Export Co.,
Ltd.
7. Qingdao Sea-Line International Trading
Co., Ltd.
8. Shandong Chenhe International Trading
Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Yantai Jinyan Trading, Inc.
[FR Doc. 2017–12302 Filed 6–13–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK30JT082PROD with NOTICES
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Final Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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17:36 Jun 13, 2017
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On December 9, 2016, the
Department of Commerce (the
Department) published the Preliminary
Results of the administrative review of
the antidumping duty order on steel
concrete reinforcing bar from Mexico
(rebar). The period of review (POR) is
April 24, 2014, through October 31,
2015. The review covers two mandatory
respondents, Deacero S.A.P.I. de C.V.
(Deacero) and Grupo Simec S.A.B. de
C.V. (Grupo Simec). For these final
results, we find that Deacero made sales
of subject merchandise at less than
normal value, while Grupo Simec did
not make sales of subject merchandise at
less than normal value. See the ‘‘Final
Results of the Review’’ section below.
DATES: Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (for Deacero) or
Patricia Tran (for Grupo Simec), 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) 482–3692 or (202) 482–1503,
respectively.
SUMMARY:
On December 9, 2016, the Department
published the Preliminary Results.1 On
January 31, 2017, the petitioner,2 Grupo
Simec, and Deacero timely submitted
their case briefs.3 On January 9, 2017,
the petitioner and Grupo Simec
submitted requests for a hearing.4 On
February 7, 2017, the petitioner, Grupo
Simec, and Deacero submitted their
rebuttal briefs.5 On February 8, 2017,
1 See Steel Concrete Reinforcing Bar from Mexico:
Preliminary Results of Antidumping Duty
Administrative Review; 2014–2015, 81 FR 89053
(December 9, 2016) (Preliminary Results).
2 The petitioner is the Rebar Trade Action
Coalition, whose individual members are Nucor
Corporation, Gerdau Ameristeel US Inc.,
Commercial Metals Company, Cascade Steel Rolling
Mills, Inc., and Byer Steel Corporation.
3 See the petitioner’s letter titled, ‘‘Steel Concrete
Reinforcing Bar from Mexico—Case Brief,’’ dated
January 31, 2017; see also Deacero’s letter titled,
‘‘Steel Concrete Reinforcing Bar from Mexico—Case
Brief,’’ dated January 31, 2017; Grupo Simec’s letter
titled, ‘‘Antidumping Duty Administrative Review
of Steel Concrete Reinforcing Bar from Mexico—
Case Brief,’’ dated January 31, 2017.
4 See letter from the petitioner titled, ‘‘Steel
Concrete Reinforcing Bar from Mexico: Request for
Hearing,’’ dated January 9, 2017. See also letter
from Grupo Simec titled, ‘‘Steel Concrete
Reinforcing Bar from Mexico: Hearing Request,’’
dated January 9, 2017.
5 See the petitioner’s letter titled, ‘‘Steel Concrete
Reinforcing Bar from Mexico—Rebuttal Brief,’’
dated February 7, 2017; see also Deacero’s letter
titled, ‘‘Steel Concrete Reinforcing Bar from
Mexico—Rebuttal Brief,’’ dated February 7, 2017;
Grupo Simec’s letter titled, ‘‘Antidumping Duty
Administrative Review of Steel Concrete
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27233
Grupo Simec withdrew its request for a
hearing.6 Both Grupo Simec and the
petitioner agreed to meetings with the
Department in lieu of a hearing.
Department officials met with Grupo
Simec and the petitioner on May 3, and
10, 2017, respectively.7 On May 4, 2017,
the Department postponed the final
results until June 7, 2017.8
Scope of the Order
Imports covered by the order are
shipments of steel concrete reinforcing
bar imported in either straight length or
coil form (rebar) regardless of
metallurgy, length, diameter, or grade.
The merchandise subject to review is
currently classifiable under items
7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise
may also enter under other Harmonized
Tariff Schedule of the United States
(HTSUS) numbers including
7215.90.1000, 7215.90.5000,
7221.00.0015, 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. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.9
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues that parties raised
and to which we responded 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).
Reinforcing Bar from Mexico—Rebuttal Case Brief,’’
dated February 7, 2017.
6 See letter from Grupo Simec titled ‘‘Steel
Concrete Reinforcing Bar from Mexico: Withdrawal
of Hearing Request,’’ dated February 8, 2017.
7 See Memorandum to the File from Stephanie
Moore, Case Analyst titled, ‘‘Steel Concrete
Reinforcing Bar from Mexico: Meeting with
Respondents,’’ dated May 10, 2017. See also
Memorandum to the File from Stephanie Moore,
Case Analyst titled, ‘‘Steel Concrete Reinforcing Bar
from Mexico: Meeting with Petitioner,’’ dated May
16, 2017.
8 See Memorandum titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated May 4, 2017.
9 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Final
Results of Antidumping Duty Administrative
Review: Steel Concrete Reinforcing Bar from
Mexico; 2014–2015,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
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27234
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have made companyspecific changes to Deacero’s final
margin calculation with respect to the
SAS Comparison Market for affiliated
purchases of electricity, and we revised
the general and administrative (G&A)
expense ratio. However, despite these
changes, the weighted-average dumping
margin for Deacero has not changed.
For Grupo Simec, we have changed
the final margin calculation with respect
to the SAS Comparison Market for fixed
overhead costs, G&A, and financial
expense ratio. However, despite these
changes, the weighted-average dumping
margin for Grupo Simec has not
changed.
Final Results of the Review
As a result of this review, we
determine the following weightedaverage dumping margins for the period
April 24, 2014, through October 31,
2015:
publication of this notice, in accordance
with 19 CFR 351.224(b).
Duty Assessment
The Department shall determine and
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries.11 For Deacero,
because its weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent), the Department
has calculated importer-specific
antidumping duty assessment rates. We
calculated importer-specific ad valorem
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 entered value
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review where an importerspecific assessment rate is not zero or de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis. Because we calculated a
zero margin for Grupo Simec in the final
results of this review, we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.12
We intend to issue assessment
instructions directly to CBP 41 days
after publication of the final results of
this review.
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
Weighted- publication of the notice of final results
average
of administrative review for all
Producer and/or exporter
dumping
shipments of subject merchandise
margins
entered, or withdrawn from warehouse,
(percent)
for consumption on or after the
Deacero S.A.P.I. de C.V ............
0.56 publication of the final results of this
Grupo Simec S.A.B. de C.V10 ....
0.00 administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for respondents noted
Disclosure
above will be the rate established in the
We will disclose the calculations
final results of this administrative
performed to parties in this proceeding
review, except if the rate is less than
within five days of the date of
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
10 Pursuant to section 771(33)(B), (F) and (G) of
the Tariff Act of 1930, as amended (the Act), the
Department found Grupo Simec S.A.B. de C.V.
affiliated with the following producers: Orge S.A.
de C.V.; Compania Siderurgica del Pacifico S.A. de
C.V.; Grupo Chant S.A.P.I. de C.V.; RRLC S.A.P.I.
de C.V.; Siderurgica del Occidente y Pacifico S.A.
de C.V.; Simec International 6 S.A. de C.V.; Simec
International 7 S.A. de C.V.; and Simec
International 9 S.A. de C.V. The Department
collapsed and treated as a single entity Grupo
Simec S.A.B. de C.V. and these producers for
purposes of this administrative review pursuant to
19 CFR 351.401(f). The collective entity is Grupo
Simec.
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17:36 Jun 13, 2017
Jkt 241001
11 In these final results, the Department 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) (Final Modification for
Reviews).
12 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
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351.106(c)(I), in which case the cash
deposit rate 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; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original 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
subject 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 antidumping investigation.13
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
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 POR. Failure to
comply with this requirement could
result in the Department’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 administrative
protective orders (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/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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
13 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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14JNN1
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Analysis of Comments
Comments Concerning Deacero
Comment 1: Whether to Apply Total
Adverse Inferences to Deacero
Comment 2: Treatment of Scrap Values
Reported by Deacero
Comment 3: Treatment of Non-prime
Merchandise Reported by Deacero
Comment 4: Treatment of Affiliated
Electricity Purchases Reported by
Deacero
Comment 5: Treatment of G&A and Interest
Expense Ratios Reported by Deacero
Comment 6: Treatment of Reconciling
Items Reported by Deacero
Comment 7: Treatment of Rebar Costs
Relating to Non-Subject Merchandise
Comment 8: Inventory Adjustments
Comment 9: Method Used to Calculate
Deacero’s Final Margin
Comment 10: Sales Passing the Cohen’s d
Test Based on Time
Comment Concerning Grupo Simec
Comment 11: Whether to Apply Adverse
Facts Available to Grupo Simec
Comment 12: Whether to Adjust Grupo
Simec’s Reported Costs
Comment 13: Whether to Revise the
Department’s Collapsing Analysis
Comment 14: Clerical Errors
VI. Recommendation
[FR Doc. 2017–12304 Filed 6–13–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
District Export Council Nomination
Opportunity
International Trade
Administration, Department of
Commerce.
ACTION: Notice of opportunity for
appointment to serve as a District
Export Council member.
AGENCY:
The Department of Commerce
is currently seeking nominations of
individuals for consideration for
appointment by the Secretary of
Commerce to serve as members of one
of the 60 District Export Councils
(DECs) nationwide. DECs are closely
affiliated with the U.S. Export
Assistance Centers (USEACs) of the U.S.
and Foreign Commercial Service
(US&FCS), and play a key role in the
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
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17:36 Jun 13, 2017
Jkt 241001
planning and coordination of export
activities in their communities.
DATES: Nominations for individuals to a
DEC must be received by the local
USEAC Director by 5:00 p.m. local time
on July 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Please contact the Director of your local
USEAC for more information on DECs
and the nomination process. You may
identify your local USEAC by entering
your zip code online at https://
export.gov/usoffices/index.asp. For
general program information, contact
Laura Barmby, National DEC Liaison,
US&FCS, at (202) 482–2675.
SUPPLEMENTARY INFORMATION: District
Export Councils support the mission of
US&FCS by facilitating the development
of an effective local export assistance
network, supporting the expansion of
export opportunities for local U.S.
companies, serving as a communication
link between the business community
and US&FCS, and assisting in
coordinating the activities of trade
assistance partners to leverage available
resources. Individuals appointed to a
DEC become part of a select corps of
trade experts dedicated to providing
international trade leadership and
guidance to the local business
community and assistance to the
Department of Commerce on export
development issues.
Nomination Process: Each DEC has a
maximum membership of 35.
Approximately half of the positions are
open on each DEC for the four-year term
that begins on January 1, 2018, and runs
through December 31, 2021. All
potential nominees must complete an
online nomination form and consent to
sharing of the information on that form
with the DEC Executive Committee for
its consideration, and consent, if
appointed, to sharing of their contact
information with other partners.
Eligibility and Appointment Criteria:
Appointment is based upon an
individual’s international trade
leadership in the local community,
ability to influence the local
environment for exporting, knowledge
of day-to-day international operations,
interest in export development, and
willingness and ability to devote time to
DEC activities. Members must be
employed as exporters or export service
providers or in a profession which
supports U.S. export promotion efforts.
Members include exporters, export
service providers and others whose
profession supports U.S. export
promotion efforts. DEC member
appointments are made without regard
to political affiliation. DEC membership
is open to U.S. citizens and permanent
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27235
residents of the United States. As
representatives of the local exporting
community, DEC Members must reside
in, or conduct the majority of their work
in, the territory that the DEC covers.
DEC membership is not open to federal
government employees, or individuals
representing foreign governments,
including individuals registered with
the Department of Justice under the
Foreign Agents Registration Act.
Selection Process: Nominations of
individuals who have applied for DEC
membership will be forwarded to the
local USEAC Director for the respective
DEC for that Director’s consideration.
The local USEAC Director ensures that
all nominees meet the membership
criteria outlined below. The local
USEAC Director then, in consultation
with the local DEC Executive
Committee, evaluates all nominations to
determine their interest, commitment,
and qualifications. In reviewing
nominations, the local USEAC Director
strives to ensure a balance among
exporters from a manufacturing or
service industry and export service
providers. A fair representation should
be considered from companies and
organizations that support exporters,
representatives of local and state
government, and trade organizations
and associations. Membership should
reflect the diversity of the local business
community, encompass a broad range of
businesses and industry sectors, and be
distributed geographically across the
DEC service area.
For current DEC members seeking
reappointment, the local USEAC
Director, in consultation with the DEC
Executive Committee, also carefully
considers the nominee’s activity level
during the previous term and
demonstrated ability to work
cooperatively and effectively with other
DEC members and US&FCS staff. As
appointees of the Secretary of
Commerce in high-profile positions,
though volunteers, DEC Members are
expected to actively participate in the
DEC and support the work of local
US&FCS offices. Those that do not
support the work of the office or do not
actively participate in DEC activities
will not be considered for renomination.
The Executive Secretary determines
which nominees to forward to the
US&FCS Office of U.S. Operations for
further consideration for
recommendation to the Secretary of
Commerce in consultation with the
local DEC Executive Committee. A
candidate’s background and character
are pertinent to determining suitability
and eligibility for DEC membership.
Since DEC appointments are made by
E:\FR\FM\14JNN1.SGM
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Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27233-27235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Final Results of
Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 9, 2016, the Department of Commerce (the
Department) published the Preliminary Results of the administrative
review of the antidumping duty order on steel concrete reinforcing bar
from Mexico (rebar). The period of review (POR) is April 24, 2014,
through October 31, 2015. The review covers two mandatory respondents,
Deacero S.A.P.I. de C.V. (Deacero) and Grupo Simec S.A.B. de C.V.
(Grupo Simec). For these final results, we find that Deacero made sales
of subject merchandise at less than normal value, while Grupo Simec did
not make sales of subject merchandise at less than normal value. See
the ``Final Results of the Review'' section below.
DATES: Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (for Deacero) or
Patricia Tran (for Grupo Simec), 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) 482-3692 or (202) 482-1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 9, 2016, the Department published the Preliminary
Results.\1\ On January 31, 2017, the petitioner,\2\ Grupo Simec, and
Deacero timely submitted their case briefs.\3\ On January 9, 2017, the
petitioner and Grupo Simec submitted requests for a hearing.\4\ On
February 7, 2017, the petitioner, Grupo Simec, and Deacero submitted
their rebuttal briefs.\5\ On February 8, 2017, Grupo Simec withdrew its
request for a hearing.\6\ Both Grupo Simec and the petitioner agreed to
meetings with the Department in lieu of a hearing. Department officials
met with Grupo Simec and the petitioner on May 3, and 10, 2017,
respectively.\7\ On May 4, 2017, the Department postponed the final
results until June 7, 2017.\8\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR
89053 (December 9, 2016) (Preliminary Results).
\2\ The petitioner is the Rebar Trade Action Coalition, whose
individual members are Nucor Corporation, Gerdau Ameristeel US Inc.,
Commercial Metals Company, Cascade Steel Rolling Mills, Inc., and
Byer Steel Corporation.
\3\ See the petitioner's letter titled, ``Steel Concrete
Reinforcing Bar from Mexico--Case Brief,'' dated January 31, 2017;
see also Deacero's letter titled, ``Steel Concrete Reinforcing Bar
from Mexico--Case Brief,'' dated January 31, 2017; Grupo Simec's
letter titled, ``Antidumping Duty Administrative Review of Steel
Concrete Reinforcing Bar from Mexico--Case Brief,'' dated January
31, 2017.
\4\ See letter from the petitioner titled, ``Steel Concrete
Reinforcing Bar from Mexico: Request for Hearing,'' dated January 9,
2017. See also letter from Grupo Simec titled, ``Steel Concrete
Reinforcing Bar from Mexico: Hearing Request,'' dated January 9,
2017.
\5\ See the petitioner's letter titled, ``Steel Concrete
Reinforcing Bar from Mexico--Rebuttal Brief,'' dated February 7,
2017; see also Deacero's letter titled, ``Steel Concrete Reinforcing
Bar from Mexico--Rebuttal Brief,'' dated February 7, 2017; Grupo
Simec's letter titled, ``Antidumping Duty Administrative Review of
Steel Concrete Reinforcing Bar from Mexico--Rebuttal Case Brief,''
dated February 7, 2017.
\6\ See letter from Grupo Simec titled ``Steel Concrete
Reinforcing Bar from Mexico: Withdrawal of Hearing Request,'' dated
February 8, 2017.
\7\ See Memorandum to the File from Stephanie Moore, Case
Analyst titled, ``Steel Concrete Reinforcing Bar from Mexico:
Meeting with Respondents,'' dated May 10, 2017. See also Memorandum
to the File from Stephanie Moore, Case Analyst titled, ``Steel
Concrete Reinforcing Bar from Mexico: Meeting with Petitioner,''
dated May 16, 2017.
\8\ See Memorandum titled ``Steel Concrete Reinforcing Bar from
Mexico: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated May 4, 2017.
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the order are shipments of steel concrete
reinforcing bar imported in either straight length or coil form (rebar)
regardless of metallurgy, length, diameter, or grade. The merchandise
subject to review is currently classifiable under items 7213.10.0000,
7214.20.0000, and 7228.30.8010. The subject merchandise may also enter
under other Harmonized Tariff Schedule of the United States (HTSUS)
numbers including 7215.90.1000, 7215.90.5000, 7221.00.0015,
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. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.\9\
---------------------------------------------------------------------------
\9\ For a full description of the scope of the order, see the
``Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review: Steel Concrete Reinforcing Bar from Mexico;
2014-2015,'' dated concurrently with this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded 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).
[[Page 27234]]
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit (CRU), room B8024 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
company-specific changes to Deacero's final margin calculation with
respect to the SAS Comparison Market for affiliated purchases of
electricity, and we revised the general and administrative (G&A)
expense ratio. However, despite these changes, the weighted-average
dumping margin for Deacero has not changed.
For Grupo Simec, we have changed the final margin calculation with
respect to the SAS Comparison Market for fixed overhead costs, G&A, and
financial expense ratio. However, despite these changes, the weighted-
average dumping margin for Grupo Simec has not changed.
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins for the period April 24, 2014, through October
31, 2015:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V..................................... 0.56
Grupo Simec S.A.B. de C.V\10\............................... 0.00
------------------------------------------------------------------------
Disclosure
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\10\ Pursuant to section 771(33)(B), (F) and (G) of the Tariff
Act of 1930, as amended (the Act), the Department found Grupo Simec
S.A.B. de C.V. affiliated with the following producers: Orge S.A. de
C.V.; Compania Siderurgica del Pacifico S.A. de C.V.; Grupo Chant
S.A.P.I. de C.V.; RRLC S.A.P.I. de C.V.; Siderurgica del Occidente y
Pacifico S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec
International 7 S.A. de C.V.; and Simec International 9 S.A. de C.V.
The Department collapsed and treated as a single entity Grupo Simec
S.A.B. de C.V. and these producers for purposes of this
administrative review pursuant to 19 CFR 351.401(f). The collective
entity is Grupo Simec.
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We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Duty Assessment
The Department shall determine and Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.\11\
For Deacero, because its weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent), the Department has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific ad valorem 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
entered value associated with those sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review where an importer-specific assessment rate is not zero or de
minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis. Because we
calculated a zero margin for Grupo Simec in the final results of this
review, we intend to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\12\
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\11\ In these final results, the Department 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) (Final Modification for
Reviews).
\12\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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We intend to issue assessment instructions directly to CBP 41 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication 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 respondents
noted above will be the rate 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)(I),
in which case the cash deposit rate 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; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original 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 subject 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 antidumping
investigation.\13\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ 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 Regarding the Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Department'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
administrative protective orders (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/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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
[[Page 27235]]
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Analysis of Comments
Comments Concerning Deacero
Comment 1: Whether to Apply Total Adverse Inferences to Deacero
Comment 2: Treatment of Scrap Values Reported by Deacero
Comment 3: Treatment of Non-prime Merchandise Reported by
Deacero
Comment 4: Treatment of Affiliated Electricity Purchases
Reported by Deacero
Comment 5: Treatment of G&A and Interest Expense Ratios Reported
by Deacero
Comment 6: Treatment of Reconciling Items Reported by Deacero
Comment 7: Treatment of Rebar Costs Relating to Non-Subject
Merchandise
Comment 8: Inventory Adjustments
Comment 9: Method Used to Calculate Deacero's Final Margin
Comment 10: Sales Passing the Cohen's d Test Based on Time
Comment Concerning Grupo Simec
Comment 11: Whether to Apply Adverse Facts Available to Grupo
Simec
Comment 12: Whether to Adjust Grupo Simec's Reported Costs
Comment 13: Whether to Revise the Department's Collapsing
Analysis
Comment 14: Clerical Errors
VI. Recommendation
[FR Doc. 2017-12304 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-DS-P