Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2015-2016, 27754-27755 [2018-12771]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Notices]
[Pages 27754-27755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Final Results of 
Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that Deacero 
S.A.P.I de C.V. (Deacero) and exporters of steel concrete reinforcing 
bar from Mexico did not make sales of subject merchandise at less than 
normal value during the period of review (POR) November 1, 2015, 
through October 31, 2016.

DATES: Applicable June 14, 2018.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 
482-3692.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on December 6, 2017.\1\ We invited interested parties to comment 
on the Preliminary Results. On January 8, 2018, Commerce received a 
timely filed case brief from the Petitioner,\2\ and on January 11, 
2018, Commerce received a timely filed rebuttal brief from Deacero.\3\ 
On February 8, 2018, Commerce officials met with counsel for the 
Petitioner.\4\
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2015-2016, 82 FR 57581 (December 6, 
2017) (Preliminary Results).
    \2\ Petitioner is the Rebar Trade Action Coalition and its 
individual members. The individual members are Nucor Corporation, 
Gerdau Ameristeel U.S. Inc., Commercials Metals Company, Cascade 
Steel Rolling Mills, Inc., and Byer Steel Group, Inc.
    \3\ See Petitioner's Letter, ``Steel Concrete Reinforcing Bar 
from Mexico: Case Brief and Request for Hearing'' (Petitioner Case 
Brief), dated January 5, 2018; Deacero's Letter, ``Steel Concrete 
Reinforcins from Mexico--Rebuttal Brief'' (Deacero Rebuttal Brief), 
dated January 10, 2018.
    \4\ See Memorandum to the File, ``Steel Concrete Reinforcing Bar 
from Mexico: Ex-Parte Meeting,'' dated February 9, 2018, and 
Memorandum to the File, ``Steel Concrete Reinforcing Bar from 
Mexico: Hearing,'' dated May 7, 2018.
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    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
January 20 through 22, 2018.\5\ On March 22, 2018, Commerce extended 
the deadline for these final results. The revised deadline for the 
final results of this review is now June 7, 2018.
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    \5\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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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, 7221.00.0017, 
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.\6\
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    \6\ 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; 
2015-2016,'' from James Maeder, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Gary Taverman, 
Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this notice (Final Decision Memorandum).
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Duty Absorption

    As noted in the Preliminary Results, Commerce applied facts 
available and an adverse inference pursuant to sections 776(a) and (b) 
of the Tariff Act of 1930 (the Act) and found that duty absorption 
exists on all U.S. sales of the subject merchandise exported by 
Deacero. Commerce's position on this issue remains unchanged in these 
final results of administrative review.

Final Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from Grupo Simec \7\ and ArcelorMittal,\8\ companies named in the 
Initiation Notice, and we confirmed the claims with U.S. Customs and 
Border Protection (CBP). Following publication of the Preliminary 
Results, we received no comments from interested parties regarding 
these companies. As a result, and because the record contains no 
evidence to the contrary, we continue to find that Grupo Simec and 
ArcelorMittal made no shipments during the POR. Accordingly, consistent 
with Commerce's practice, we will instruct U.S. Customs and Border 
Protection (CBP) to liquidate any existing entries of merchandise 
produced by these two companies, but exported by other parties, at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.
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    \7\ Grupo Simec and Orge S.A. de C.V. (collectively, Grupo 
Simec).
    \8\ 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, ArcelorMittal).

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[[Page 27755]]

Analysis of Comments Received

    All issues raised in the case and rebuttal brief 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). 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 http://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 made no 
changes to Deacero's final rate calculations. For a discussion of these 
issues, see the Issues and Decision Memorandum.

Final Results of the Review

    As a result of this review, we calculated a dumping margin of zero 
percent for Deacero. We are applying to the non-selected companies the 
rate calculated for Deacero, the sole mandatory respondent in these 
final results for the period November 1, 2015, through October 31, 
2016:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
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Deacero S.A.P.I. de C.V.....................................        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
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Disclosure

    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

    Commerce shall determine and Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries.\9\ For 
Deacero, because its weighted-average dumping margin is zero or de 
minimis (i.e., less than 0.5 percent), Commerce has not calculated 
importer-specific antidumping duty assessment rates. 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 Deacero in the final results of this review, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\10\
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    \9\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Proceedings: Final Modification, 77 FR 8101 
(February 14, 2012) (Final Modification for Reviews).
    \10\ Id.
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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 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.\11\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ 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 Commerce'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).

    Dated: June 7, 2018.
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 Final Decision Memorandum

I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Duty Absorption
VI. Final Determination of No Shipments
VII. Analysis of Comments
    Comment 1: Whether a Particular Market Situation Exists 
Regarding Deacero's Purchase of Electricity
    Comment 2: Treatment of Non-Prime Merchandise Reported by 
Deacero
VIII. Recommendation

[FR Doc. 2018-12771 Filed 6-13-18; 8:45 am]
BILLING CODE 3510-DS-P