Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 89053-89054 [2016-29571]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89053-89054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29571]


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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; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on steel concrete reinforcing bar 
(rebar) from Mexico, covering the period April 24, 2014, through 
October 31, 2015. The review covers Deacero S.A.P.I de C.V. (Deacero), 
and Grupo Simec S.A.B. de C.V. (Grupo Simec). We preliminarily 
determine that Deacero made sales of subject merchandise at less than 
normal value during the period of review (POR), and that Grupo Simec 
did not. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective December 9, 2016.

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 January 7, 2016, the Department published a notice of initiation 
of an administrative review of the antidumping order on rebar from 
Mexico.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736 (January 7, 2016).
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    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines due to a closure of the Federal 
Government. As a result, the revised deadline for the preliminary 
results of this review was August 5, 2016.\2\ On July 14, 2016, the 
Department extended the deadline for the preliminary results to 
December 5, 2016.\3\
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    \2\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm `Jonas,' '' dated January 27, 2016. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.
    \3\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated July 14, 2016.
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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.\4\
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    \4\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Steel Concrete Reinforcing Bar from 
Mexico; 2014-2015,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price or export price is calculated in accordance 
with section 772 of the Act. Normal value is 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 dated concurrently with this notice and hereby adopted by 
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 https://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period April 24, 
2014, through October 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Deacero.....................................................        0.56
Grupo Simec \5\.............................................        0.00
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\6\ If the 
weighted-average dumping margin for Deacero or Grupo Simec is not zero 
or de minimis (i.e., less than 0.5 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). 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 not zero or de minimis. Where either the 
respondent's weighted-average dumping

[[Page 89054]]

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.\7\ 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 where applicable.
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    \5\ Pursuant to section 771(33)(B), (F) and (G) of 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. and collapsed and treated as 
a single entity in this administrative review pursuant to 19 CFR 
351.401(f). The collective entity is Grupo Simec.
    \6\ See 19 CFR 351.212(b).
    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012); 19 CFR 351.106(c)(2).
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    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. We intend to 
issue instructions to CBP 15 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.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \8\ 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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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\9\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\10\ Parties who submit comments are requested to submit: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\11\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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, and an electronically filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days of publication of this notice.\12\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date for the hearing which will be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\13\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ 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 213(h)(2), the Department 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, 
within 120 days after issuance of these preliminary results.\14\
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    \14\ See section 75l(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Notification to Importers

    This notice 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Affiliation and Collapsing
5. Discussion of Methodology
    Date of Sale
    Comparisons to Normal Value
    Product Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing (DP) Analysis
    Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of Cost of Production (COP)
    2. Test of Home Market Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Constructed Value
    Currency Conversion
6. Recommendation

[FR Doc. 2016-29571 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P