Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 63622-63624 [2018-26770]
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63622
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined.8 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
We intend to issue the final results of
this administrative review, including
the results of its analysis of issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, unless the deadline is extended.9
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.10
Pursuant to 19 CFR 351.212(b)(1), as
Al Jazeera reported the entered value for
its U.S. sales, we calculated importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
examined sales to the total entered
value of the sales. Where the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
CFR 351.212(d).
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 and for future deposits of
estimated duties, where applicable.
In accordance with our ‘‘automatic
assessment’’ practice, for entries of
subject merchandise during the POR
produced by Al Jazeera for which it did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate.11
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
amozie on DSK3GDR082PROD with NOTICES1
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
8 See
19 CFR 351.310(c).
9 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
10 See 19 CFR 351.212(b).
11 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date 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 Al Jazeera will be
the rate established in the final results
of this review; (2) for previously
reviewed or investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 7.36
percent, the all-others rate established
in the LTFV investigation.12 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification To Interested Parties
The 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 4, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
12 See
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the Order.
Frm 00011
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A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
C. Date of Sale
D. Product Comparisons
E. Export Price
F. Normal Value
1. Home Market Viability
2. Level of Trade
3. Cost of Production Analysis
i. Cost Averaging Methodology
ii. Calculation of COP
iii. Test of Comparison Market Sales Prices
iv. Results of the COP Test
4. Calculation of Normal Value Based on
Comparison Market Prices
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018–26775 Filed 12–10–18; 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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Grupo Simec made sales of subject
merchandise at less than normal value
during the November 1, 2016, through
October 31, 2017, period of review
(POR), and Deacero S.A.P.I de C.V.
(Deacero) did not. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Deacero) or Patricia
Tran (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:
AGENCY:
Background
On January 11, 2018, pursuant to
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), Commerce
initiated an administrative review of the
antidumping duty order on steel
concrete reinforcing bar (rebar) from
Mexico.1
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018) (Initiation Notice).
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
On March 13, 2018, we selected
Deacero and Grupo Simec as mandatory
respondents.2 On July 12, 2018, we
issued a memorandum extending the
time period for issuing the preliminary
results of the instant administrative
review from August 6, 2018 to
December 3, 2018.3 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4 A
list of topics included in the
Preliminary Decision Memorandum is
included as an Appendix to this notice.
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. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.5
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export and constructed export
price were 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.
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
63623
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
calculated a weighted-average dumping
margin of 3.70 percent for Grupo Simec
and a de minimis margin for Deacero for
the period November 1, 2016 through
October 31, 2017. Therefore, in
accordance with section 735(c)(5)(A) of
the Act, we assigned the weightedaverage dumping margin of 3.70 percent
calculated for Grupo Simec to the nine
non-selected companies in these
preliminary results, as referenced
below.
Weighted-average
dumping margin
(percent)
Producer and/or exporter
Deacero S.A.P.I de C.V ..................................................................................................................................................................................................
Grupo Simec (Simec International 6 S.A. de C.V., Orge S.A. de C.V., Aceros Especiales Simec Tlaxcala, S.A. de C.V., Fundiciones de Acero
Estructurales, S.A. de C.V., Perfiles Comerciales Sigosa, S.A. de C.V., Operadora de Perfiles Sigosa, S.A. de C.V.) 6 ........................................
Ternium Mexico, S.A. de C.V .........................................................................................................................................................................................
ArcelorMittal Lazaro Cardenas S.A. de C.V ...................................................................................................................................................................
Cia Siderurgica De California, S.A. de C.V ....................................................................................................................................................................
AceroMex S.A .................................................................................................................................................................................................................
ArcelorMittal Celaya ........................................................................................................................................................................................................
ArcelorMittal Cordoba 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 ...........................................................................................................................................................................................
* 0.00
3.70
3.70
3.70
3.70
3.70
3.70
3.70
3.70
3.70
3.70
* (de minimis).
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. 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 each importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).7 If the
weighted-average dumping margin for
Deacero or Grupo Simec is zero or de
minimis in the final results, or an
importer-specific assessment rate is zero
2 See Memorandum, titled ‘‘Antidumping Duty
Administrative Review of Steel Concrete
Reinforcing Bar from Mexico; 2016–2017, Selection
of Respondents for Individual Examination,’’ dated
March 13, 2018.
3 See Memorandum, titled ‘‘Antidumping Duty
Administrative Review of Steel Concrete
Reinforcing Bar from Mexico; 2016–2017 Steel
Concrete Reinforcing Bar from Mexico: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2016–2017’’ dated
July 12, 2018. The memorandum incorrectly stated
that the deadline is December 4, 2018; the actual
deadline is December 3, 2018.
4 See memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Steel Concrete Reinforcing
Bar from Mexico, 2016–2017,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 For a full description of the scope of the order,
see the Preliminary Decision Memorandum.
6 Commerce previously collapsed Simec
International 6 S.A. de C.V. and Orge S.A. de C.V.
with Grupo Simec. See Steel Concrete Reinforcing
Bar from Mexico: Final Results of Antidumping
Duty Administrative Review; 2014–2015, 82 FR
27233 (June 14, 2017). In this administrative
review, Commerce has preliminarily collapsed
Aceros Especiales Simec Tlaxcala, S.A. de C.V.,
Fundiciones de Acero Estructurales, S.A. de C.V.,
Perfiles Comerciales Sigosa, S.A. de C.V.,
Operadora de Perfiles Sigosa, S.A. de C.V.
Industrias CH is affiliated with Grupo Simec but
Commerce is not collapsing the company into the
single entity. See Grupo Simec Affiliation and
Collapsing Memorandum dated December 3, 2018.
7 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012). (Final Modification for
Reviews).
amozie on DSK3GDR082PROD with NOTICES1
Assessment Rate
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
or de minimis in the final results, we
will instruct CBP not to assess
antidumping duties on any of their
entries in accordance with the Final
Modification for Reviews.8
In accordance with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by each respondent for which
it did not know that its 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.
amozie on DSK3GDR082PROD with NOTICES1
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.9
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
8 Id.
at 8102.
9 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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17:51 Dec 10, 2018
Jkt 247001
Disclosure
We intend to disclose the calculations
performed in these preliminary results
to parties in this proceeding within five
days of the date of publication of this
notice.10
Public Comment
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case 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 no later than
five days after the date for filing case
briefs.11 However, Commerce intends to
issue a supplemental questionnaire to
Grupo Simec after the preliminary
results. Thus, Commerce will
subsequently notify parties of the case
brief and rebuttal brief deadlines.
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.12 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
We intend to issue the final results of
this administrative review, including
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: December 3, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin for Companies Not Selected for
Individual Examination
V. Affiliation and Collapsing
VI. Application of Facts Available and
Adverse Inferences
A. Legal Standard for Facts Available and
Adverse Inferences
B. Application of Partial Adverse Facts
Available (AFA) to Deacero
C. Selection of AFA Rate
VII. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Cost of Production (COP) Analysis
a. Calculation of Cost of Production
b. Test of Comparison Market Prices
c. Results of COP Test
F. Level of Trade
G. Sales to Affiliated Customers
H. Calculation of Normal Value Based on
Comparison Market Prices
I. Currency Conversions
VIII. Recommendation
[FR Doc. 2018–26770 Filed 12–10–18; 8:45 am]
BILLING CODE 3510–DS–P
10 See
19 CFR 351.224(b).
11 See 19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
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]]>Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63622-63624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26770]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results
of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Grupo Simec made sales of subject merchandise at less than normal
value during the November 1, 2016, through October 31, 2017, period of
review (POR), and Deacero S.A.P.I de C.V. (Deacero) did not. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 11, 2018.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Deacero) or Patricia
Tran (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 11, 2018, pursuant to section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act), Commerce initiated an administrative
review of the antidumping duty order on steel concrete reinforcing bar
(rebar) from Mexico.\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation
Notice).
---------------------------------------------------------------------------
[[Page 63623]]
On March 13, 2018, we selected Deacero and Grupo Simec as mandatory
respondents.\2\ On July 12, 2018, we issued a memorandum extending the
time period for issuing the preliminary results of the instant
administrative review from August 6, 2018 to December 3, 2018.\3\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\4\ A list of topics
included in the Preliminary Decision Memorandum is included as an
Appendix to this notice.
---------------------------------------------------------------------------
\2\ See Memorandum, titled ``Antidumping Duty Administrative
Review of Steel Concrete Reinforcing Bar from Mexico; 2016-2017,
Selection of Respondents for Individual Examination,'' dated March
13, 2018.
\3\ See Memorandum, titled ``Antidumping Duty Administrative
Review of Steel Concrete Reinforcing Bar from Mexico; 2016-2017
Steel Concrete Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,
2016-2017'' dated July 12, 2018. The memorandum incorrectly stated
that the deadline is December 4, 2018; the actual deadline is
December 3, 2018.
\4\ See memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Steel Concrete
Reinforcing Bar from Mexico, 2016-2017,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
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. A full description of
the scope of the order is contained in the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export and constructed export price were
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. 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 B-8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we calculated a weighted-average
dumping margin of 3.70 percent for Grupo Simec and a de minimis margin
for Deacero for the period November 1, 2016 through October 31, 2017.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we
assigned the weighted-average dumping margin of 3.70 percent calculated
for Grupo Simec to the nine non-selected companies in these preliminary
results, as referenced below.
------------------------------------------------------------------------
Weighted-average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V............................... * 0.00
Grupo Simec (Simec International 6 S.A. de C.V., Orge 3.70
S.A. de C.V., Aceros Especiales Simec Tlaxcala, S.A.
de C.V., Fundiciones de Acero Estructurales, S.A. de
C.V., Perfiles Comerciales Sigosa, S.A. de C.V.,
Operadora de Perfiles Sigosa, S.A. de C.V.) \6\.....
Ternium Mexico, S.A. de C.V.......................... 3.70
ArcelorMittal Lazaro Cardenas S.A. de C.V............ 3.70
Cia Siderurgica De California, S.A. de C.V........... 3.70
AceroMex S.A......................................... 3.70
ArcelorMittal Celaya................................. 3.70
ArcelorMittal Cordoba S.A. de C.V.................... 3.70
Siderurgica Tultitlan S.A. de C.V.................... 3.70
Talleres y Aceros, S.A. de C.V....................... 3.70
Grupo Villacero S.A. de C.V.......................... 3.70
------------------------------------------------------------------------
* (de minimis).
Assessment Rate
---------------------------------------------------------------------------
\6\ Commerce previously collapsed Simec International 6 S.A. de
C.V. and Orge S.A. de C.V. with Grupo Simec. See Steel Concrete
Reinforcing Bar from Mexico: Final Results of Antidumping Duty
Administrative Review; 2014-2015, 82 FR 27233 (June 14, 2017). In
this administrative review, Commerce has preliminarily collapsed
Aceros Especiales Simec Tlaxcala, S.A. de C.V., Fundiciones de Acero
Estructurales, S.A. de C.V., Perfiles Comerciales Sigosa, S.A. de
C.V., Operadora de Perfiles Sigosa, S.A. de C.V. Industrias CH is
affiliated with Grupo Simec but Commerce is not collapsing the
company into the single entity. See Grupo Simec Affiliation and
Collapsing Memorandum dated December 3, 2018.
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Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. 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
each importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\7\ If the weighted-
average dumping margin for Deacero or Grupo Simec is zero or de minimis
in the final results, or an importer-specific assessment rate is zero
[[Page 63624]]
or de minimis in the final results, we will instruct CBP not to assess
antidumping duties on any of their entries in accordance with the Final
Modification for Reviews.\8\
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\7\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012). (Final Modification
for Reviews).
\8\ Id. at 8102.
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In accordance with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by each respondent for
which it did not know that its 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.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ 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
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\10\
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\10\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case 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 no later than five days after the date for filing
case briefs.\11\ However, Commerce intends to issue a supplemental
questionnaire to Grupo Simec after the preliminary results. Thus,
Commerce will subsequently notify parties of the case brief and
rebuttal brief deadlines. 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.\12\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety by the established deadline.
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\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. 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. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: December 3, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin for Companies Not Selected for Individual Examination
V. Affiliation and Collapsing
VI. Application of Facts Available and Adverse Inferences
A. Legal Standard for Facts Available and Adverse Inferences
B. Application of Partial Adverse Facts Available (AFA) to
Deacero
C. Selection of AFA Rate
VII. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Cost of Production (COP) Analysis
a. Calculation of Cost of Production
b. Test of Comparison Market Prices
c. Results of COP Test
F. Level of Trade
G. Sales to Affiliated Customers
H. Calculation of Normal Value Based on Comparison Market Prices
I. Currency Conversions
VIII. Recommendation
[FR Doc. 2018-26770 Filed 12-10-18; 8:45 am]
BILLING CODE 3510-DS-P
