Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 57581-57583 [2017-26295]
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
date of publication of this notice.
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.18 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.19 Case and rebuttal briefs
should be filed using ACCESS.20
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days
after the date of publication of this
notice.21 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. If a request for a
hearing is made, parties will be notified
of the date and time of the hearing to be
held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), the
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in all written case
briefs, within 120 days after the
issuance of these preliminary results.
daltland on DSKBBV9HB2PROD with NOTICES
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 the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
18 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
20 See 19 CFR 351.303.
21 See 19 CFR 351.310(c).
19 See
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Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary of
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Non-Selected Respondents
Methodology
Use of Facts Otherwise Available
Fair Value Comparisons
Product Comparisons
Date of Sale
Level of Trade
Constructed Export Price
Normal Value
Cost of Production
Calculation of Normal Value Based on
Comparison Market Prices
Currency Conversion
Recommendation
[FR Doc. 2017–26300 Filed 12–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2015–2016
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 November
1, 2015, through October 31, 2016. The
review covers one mandatory
respondent, Deacero S.A.P.I de C.V.
(Deacero), and 12 non-selected
companies. We preliminarily determine
that Deacero did not make sales of
subject merchandise at less than normal
value during the period of review (POR).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
AGENCY:
PO 00000
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57581
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3692.
Background
On January 13, 2017, the Department
published a notice of initiation of an
administrative review of the
antidumping order on rebar from
Mexico.1 The Department initiated this
administrative review covering 13
companies.2 On July 11, 2017, the
Department issued a memorandum
extending the time period for issuing
the preliminary results of the instant
administrative review from August 2,
2017 to October 2, 2017.3 On September
25, 2017, the Department fully extended
the deadline to November 30, 2017.4
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,
7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001,
7227.20.0080, 7227.90.6085,
7228.20.1000, and 7228.60.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to the order is
dispositive.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
294 (January 13, 2017).
2 We initiated a review of the following 13
companies: Deacero S.A.P.I. de C.V.; Grupo Acerero
S.A. de C.V.; Grupo Simec Orge S.A. de C.V.;
Industrias CH; Ternium Mexico, S.A. de C.V.;
ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia
Siderurgica De California S.A. de C.V.; Siderurgica
Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de
C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.;
ArcelorMittal Celaya, S.A. de C.V.; and
ArcelorMittal Cordoba S.A. de C.V.
3 See Memorandum, titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review, 2015–2016,’’ dated July 11,
2017.
4 See Memorandum, titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review, 2015–2016,’’ dated
September 25, 2017.
5 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
E:\FR\FM\06DEN1.SGM
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06DEN1
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
Preliminary Determination of No
Shipments
On January 19, 2017, Grupo Simec
and Orge S.A. de C.V. (Grupo Simec)
stated that it had no exports or sales,
and no entries for consumption of
subject merchandise into the United
States during the POR. On February 12,
2017, ArcelorMittal Lazaro Cardenas,
SA. de CV. (which became
ArcelorMittal Mexico, S.A, de CV. on
March 31, 2014), ArcelorMittal Celaya,
SA. de CV., and ArcelorMittal Cordoba,
SA. de CV. (collectively, Arcelor Mittal)
submitted a no shipment letter
certification. In response to the nonshipment claims of Grupo Simec and
Arcelor Mittal, the Department issued a
no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting
that it review Grupo Simec’s and
Arcelor Mittal’s no-shipment claims.
CBP did not report that it had any
information to contradict these claims of
no shipments during the POR.
Given that Grupo Simec and Arcelor
Mittal certified that they made no
shipments of subject merchandise to the
United States during the POR, and there
is no information calling their claims
into question, we preliminarily
determine that Grupo Simec and
Arcelor Mittal did not have any
reviewable transactions during the POR.
Consistent with the Department’s
practice, we will not rescind the review
with respect to Grupo Simec and
Arcelor Mittal but, rather, will complete
the review and issue instructions to CBP
based on the final results.6
daltland on DSKBBV9HB2PROD with NOTICES
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
Mexico; 2015–2016,’’ dated concurrently with, and
hereby adopted by this notice (Preliminary Decision
Memorandum).
6 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
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18:07 Dec 05, 2017
Jkt 244001
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/
index.html. 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 calculated a dumping
margin of zero percent for Deacero. We
are applying to the non-selected
companies the rates calculated for the
mandatory respondent in these
preliminary results, as referenced
below.7
Producer and/or exporter
Deacero ................................
Industrias CH ........................
Ternium Mexico, S.A. de C.V
Cia Siderurgica De California, S.A. de C.V ............
Grupo Acerero S.A. de C.V ..
AceroMex S.A .......................
Siderurgica Tultitlan S.A. de
C.V ....................................
Talleres y Aceros, S.A. de
C.V ....................................
Grupo Villacero S.A. de C.V
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
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.8 If the weighted-average
dumping margin for Deacero is not zero
or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific 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
7 See Albemarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345 (Fed. Cir. 2016).
8 See 19 CFR 351.212(b).
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Fmt 4703
Sfmt 4703
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 margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.9
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.
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 allothers 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 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
9 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).
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
antidumping investigation.10 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
daltland on DSKBBV9HB2PROD with NOTICES
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.11 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.12 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.13 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.
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.14 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.15 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
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
10 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).
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
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18:07 Dec 05, 2017
Jkt 244001
raised by the parties in their case briefs,
within 120 days after issuance of these
preliminary results.16
DEPARTMENT OF COMMERCE
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.
57583
[A–580–809]
Notification to Interested Parties
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: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Extension of Preliminary Results
4. Scope of the Order
5. Duty Absorption
6. Allegation of Particular Market Situation
7. Margin for Companies Not Selected for
Individual Examination
8. Preliminary Determination of No
Shipments
9. Discussion of Methodology
Date of Sale
Comparisons to Normal Value
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing 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. Currency Conversion
Currency Conversion
10. Recommendation
[FR Doc. 2017–26295 Filed 12–5–17; 8:45 am]
BILLING CODE 3510–DS–P
16 See section 75l(a)(3)(A) of the Act and 19 CFR
351.213(h).
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International Trade Administration
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea). The
period of review (POR) is November 1,
2015, through October 31, 2016. The
Department preliminarily determines
that the producers/exporters subject to
this review made sales of subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington DC 20230; telephone
(202) 482–2201 or (202) 482–0410,
respectively.
AGENCY:
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. Imports of the product are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
Methodology
The Department conducted this
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act). Constructed export price is
1 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: 2015–2016,’’
dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
E:\FR\FM\06DEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57581-57583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26295]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2015-2016
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 November 1, 2015, through
October 31, 2016. The review covers one mandatory respondent, Deacero
S.A.P.I de C.V. (Deacero), and 12 non-selected companies. We
preliminarily determine that Deacero did not make sales of subject
merchandise at less than normal value during the period of review
(POR). Interested parties are invited to comment on these preliminary
results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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.
Background
On January 13, 2017, the Department published a notice of
initiation of an administrative review of the antidumping order on
rebar from Mexico.\1\ The Department initiated this administrative
review covering 13 companies.\2\ On July 11, 2017, the Department
issued a memorandum extending the time period for issuing the
preliminary results of the instant administrative review from August 2,
2017 to October 2, 2017.\3\ On September 25, 2017, the Department fully
extended the deadline to November 30, 2017.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 294 (January 13, 2017).
\2\ We initiated a review of the following 13 companies: Deacero
S.A.P.I. de C.V.; Grupo Acerero S.A. de C.V.; Grupo Simec Orge S.A.
de C.V.; Industrias CH; Ternium Mexico, S.A. de C.V.; ArcelorMittal
Lazaro Cardenas S.A. de C.V.; Cia Siderurgica De California S.A. de
C.V.; Siderurgica Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de
C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.; ArcelorMittal
Celaya, S.A. de C.V.; and ArcelorMittal Cordoba S.A. de C.V.
\3\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from
Mexico: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2015-2016,'' dated July 11, 2017.
\4\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from
Mexico: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2015-2016,'' dated September 25, 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, 7221.00.0017,
7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000,
and 7228.60.6000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.\5\
---------------------------------------------------------------------------
\5\ 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; 2015-2016,'' dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
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[[Page 57582]]
Preliminary Determination of No Shipments
On January 19, 2017, Grupo Simec and Orge S.A. de C.V. (Grupo
Simec) stated that it had no exports or sales, and no entries for
consumption of subject merchandise into the United States during the
POR. On February 12, 2017, ArcelorMittal Lazaro Cardenas, SA. de CV.
(which became ArcelorMittal Mexico, S.A, de CV. on March 31, 2014),
ArcelorMittal Celaya, SA. de CV., and ArcelorMittal Cordoba, SA. de CV.
(collectively, Arcelor Mittal) submitted a no shipment letter
certification. In response to the non-shipment claims of Grupo Simec
and Arcelor Mittal, the Department issued a no-shipment inquiry to U.S.
Customs and Border Protection (CBP) requesting that it review Grupo
Simec's and Arcelor Mittal's no-shipment claims. CBP did not report
that it had any information to contradict these claims of no shipments
during the POR.
Given that Grupo Simec and Arcelor Mittal certified that they made
no shipments of subject merchandise to the United States during the
POR, and there is no information calling their claims into question, we
preliminarily determine that Grupo Simec and Arcelor Mittal did not
have any reviewable transactions during the POR. Consistent with the
Department's practice, we will not rescind the review with respect to
Grupo Simec and Arcelor Mittal but, rather, will complete the review
and issue instructions to CBP based on the final results.\6\
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\6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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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 calculated a dumping
margin of zero percent for Deacero. We are applying to the non-selected
companies the rates calculated for the mandatory respondent in these
preliminary results, as referenced below.\7\
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\7\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016).
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Deacero................................................. 0.00
Industrias CH........................................... 0.00
Ternium Mexico, S.A. de C.V............................. 0.00
Cia Siderurgica De California, S.A. de C.V.............. 0.00
Grupo Acerero S.A. de C.V............................... 0.00
AceroMex S.A............................................ 0.00
Siderurgica Tultitlan S.A. de C.V....................... 0.00
Talleres y Aceros, S.A. de C.V.......................... 0.00
Grupo Villacero S.A. de C.V............................. 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.\8\ If the
weighted-average dumping margin for Deacero 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 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.\9\ 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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\8\ See 19 CFR 351.212(b).
\9\ 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 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
[[Page 57583]]
antidumping investigation.\10\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\10\ 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.\11\
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.\12\ 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.\13\ 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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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d).
\13\ 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.\14\
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.\15\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ 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.\16\
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\16\ 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.
Notification to Interested Parties
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: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Extension of Preliminary Results
4. Scope of the Order
5. Duty Absorption
6. Allegation of Particular Market Situation
7. Margin for Companies Not Selected for Individual Examination
8. Preliminary Determination of No Shipments
9. Discussion of Methodology
Date of Sale
Comparisons to Normal Value
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing 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. Currency Conversion
Currency Conversion
10. Recommendation
[FR Doc. 2017-26295 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P
