Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2016-2017, 35599-35601 [2019-15743]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices suspend all of the load from the wall, and do not stand on, or transfer load to, the floor; (2) ceiling-mounted shelving and racks, defined as shelving and racks that suspend all of the load from the ceiling and do not stand on, or transfer load to, the floor; and (3) wall/ ceiling mounted shelving and racks, defined as shelving and racks that suspend the load from the ceiling and the wall and do not stand on, or transfer load to, the floor. The addition of a wall or ceiling bracket or other device to attach otherwise subject merchandise to a wall or ceiling does not meet the terms of this exclusion. Also excluded from the scope of this investigation is scaffolding that complies with ANSI/ASSE A10.8—2011—Scaffolding Safety Requirements, CAN/CSA S269.2–M87 (Reaffirmed 2003)—Access Scaffolding for Construction Purposes, and/or Occupational Safety and Health Administration regulations at 29 CFR part 1926 subpart L—Scaffolds. Also excluded from the scope of this investigation are tubular racks such as garment racks and drying racks, i.e., racks in which the load bearing vertical and horizontal steel members consist solely of: (1) Round tubes that are no more than two inches in diameter; (2) round rods that are no more than two inches in diameter; (3) other tubular shapes that have both an overall height of no more than two inches and an overall width of no more than two inches; and/or (4) wire. Also excluded from the scope of this investigation are portable tier racks. Portable tier racks must meet each of the following criteria to qualify for this exclusion: (1) They are freestanding, portable assemblies with a fully welded base and four freely inserted and easily removable corner posts; (2) They are assembled without the use of bolts, braces, anchors, brackets, clips, attachments, or connectors; (3) One assembly may be stacked on top of another without applying any additional load to the product being stored on each assembly, but individual portable tier racks are not securely attached to one another to provide interaction or interdependence; and (4) The assemblies have no mechanism (e.g., a welded foot plate with bolt holes) for anchoring the assembly to the ground. Also excluded from the scope of this investigation are accessories that are independently bolted to the floor and not attached to the rack system itself, i.e., column protectors, corner guards, bollards, and end row and end of aisle protectors. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 7326.90.8688, 9403.20.0080, and 9403.90.8041. Subject merchandise may also enter under subheadings 7308.90.3000, 7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Changes from the Preliminary Determination VI. Analysis of Comments Comment 1: Whether Commerce Should Rely on Romania or Brazil as the Surrogate Country Comment 2: Whether the Compa S.A. Sibiu (Compa) or Metisa Metalurgica Timboense S/A. (Metisa) Financial Statements are a Better Source of Financial Ratios Comment 3: The Surrogate Value for Dongsheng’s P-tube Input Comment 4: Whether Import Clearance Charges Should be Added to the Surrogate Values Comment 5: Whether Commerce Should Grant Dongsheng a Double Remedy Offset Comment 6: Whether Commerce Should Reduce Dongsheng’s Export Price by Eight Percent Irrecoverable Value-Added Tax Comment 7: Whether Aifeimetal Should be Excluded from this Investigation Comment 8: The Preliminary Scope Determination VII. Recommendation [FR Doc. 2019–15718 Filed 7–23–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–844] Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2016– 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Grupo Simec made sales of steel concrete reinforcing bar (rebar) from Mexico below normal value during the period of review (POR) November 1, 2016 through October 31, 2017, but Deacero S.A.P.I. de C.V. (Deacero) did not. DATES: Applicable July 24, 2019. 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. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 35599 Background On December 11, 2018, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results. For events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.3 On May 14, 2019, we extended the deadline for these final results until July 19, 2019.4 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 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this 1 See Steel Concrete Reinforcing Bar from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 63622 (December 11, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from Mexico: Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review; 2016–2017,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding affected by the partial federal government closure have been extended by 40 days. 4 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from Mexico: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated May 14, 2019. 5 See Issues and Decision Memorandum for a complete description of the Scope of the Order. E:\FR\FM\24JYN1.SGM 24JYN1 35600 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices 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 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/ index.html. 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 our analysis of the comments received from parties, we have made changes to the margin calculations of Grupo Simec and Deacero. For Grupo Simec, we included the downstream sales from affiliates that did not pass the arm’s-length test, and we corrected an inadvertent programming error.6 For Deacero, instead of applying its highest home market sales price to unaffiliated customers as partial AFA for one of its affiliate’s home market downstream sales prices, as neutral facts available, we have disregarded home market sales to the affiliate in calculating Deacero’s margin.7 As a result of these changes, we determine that Deacero did not make sales of subject merchandise below normal value during the POR. Final Results of the Review As a result of this review, Commerce calculated a weighted-average dumping margin that is above de minimis for Grupo Simec and a zero margin for Deacero for the POR. Therefore, consistent with its practice and the investigation methodology set forth in section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), Commerce assigned the weighted-average dumping margin calculated for Grupo Simec to the seven non-selected companies in these final 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.). 8 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 .................................................................................................................................................... 3.65. 3.65. 3.65. 3.65. 3.65. 3.65. 3.65. 3.65. 3.65. Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.9 For any individually examined respondent whose weighted-average dumping margin is above de minimis, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the totaled entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), Commerce will issue instructions directly to CBP to assess antidumping duties on appropriate entries. 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. In accordance with Commerce’s ‘‘automatic assessment’’ practice,10 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 allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. 6 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from Mexico (2016–2017): Sales and Cost of Production Calculation Memorandum for the Final Results of Grupo Simec,’’ dated concurrently with these final results. 7 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from Mexico (2016–2017): Sales and Cost of Production Calculation Memorandum for the Final Results of Deacero S.A.P.I.,’’ dated concurrently with these final results. 8 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 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., and 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 because it is not involved in the production or sale of subject merchandise. See Grupo Simec Affiliation and Collapsing Memorandum, dated December 3, 2018; see also Memorandum, ‘‘Administrative Review of Antidumping Duty Order on Steel Concrete Reinforcing Bar from Mexico: Business Proprietary Analysis Memorandum Pertaining to the Collapsing Decision for Grupo Simec in the Final Results,’’ dated concurrently with these final results. 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). 10 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after publication of these final results in the Federal Register, in accordance with section 751(a) of the Act and 19 CFR 351.224(b). Assessment Rates khammond on DSKBBV9HB2PROD with NOTICES 0.00 (de minimis). 3.65. VerDate Sep<11>2014 17:57 Jul 23, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices We intend to issue assessment instructions directly 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 less-than-fairvalue (LTFV) 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 LTFV investigation.11 These cash deposit requirements, when imposed, shall remain in effect until further notice. khammond on DSKBBV9HB2PROD with NOTICES Notification to Importers 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. Notice to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: July 16, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Made Since the Preliminary Results V. Discussion of the Issues General Issue Comment 1: Whether ArcelorMittal Celaya Should be Included in the Liquidation Instructions Deacero Issues Comment 2: Whether Commerce Should Continue to Apply Partial AFA to Deacero for Not Reporting Downstream Resales of Rebar Made by Its Home Market Affiliate Comment 3: Whether Commerce Properly Accounted for Deacero’s Non-Prime Sales Comment 4: Whether Commerce Mistakenly Performed the Arm’s-Length Test on Deacero Sales Grupo Simec Issues Comment 5: Whether Commerce Should Continue Collapsing Sigosa with AEST and FUNACE Comment 6: Whether Commerce Should Correct an Error in Grupo Simec’s Margin Calculation Program VI. Recommendation [FR Doc. 2019–15743 Filed 7–23–19; 8:45 am] BILLING CODE 3510–DS–P 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). VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 PO 00000 35601 DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Final Results of the 23rd Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Shandong Jinxiang Zhengyang Import & Export Co., Ltd. (Zhengyang) made sales of fresh garlic from the People’s Republic of China (China) at less than normal value during the period of review (POR) November 1, 2016 through October 31, 2017. Commerce finds that Qingdao Sea-line International Trading Co., Ltd. (Sea-line) withheld requested information, significantly impeded the review, and did not cooperate to the best of its ability. Accordingly, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we are relying on adverse facts available. These determinations and the final dumping margins are discussed below in the ‘‘Final Results’’ section of this notice. DATES: Applicable July 24, 2019. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–6251 or 202–482–4956, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the preliminary results of this administrative review of the antidumping duty order on fresh garlic from China on December 10, 2018.1 We preliminarily found that the mandatory respondents, Zhengyang and Sea-line, sold subject merchandise to the United States at less than normal value. Furthermore, we found that two companies certified that they made no shipments during the POR and that six companies, in addition to the mandatory respondents, qualified for separate rate status. Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from 1 See Fresh Garlic from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 63479 (December 10, 2018) (Preliminary Results). Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35599-35601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15743]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Grupo 
Simec made sales of steel concrete reinforcing bar (rebar) from Mexico 
below normal value during the period of review (POR) November 1, 2016 
through October 31, 2017, but Deacero S.A.P.I. de C.V. (Deacero) did 
not.

DATES: Applicable July 24, 2019.

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.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2018, Commerce published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results. For events subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ Commerce exercised its discretion to 
toll all deadlines affected by the partial federal government closure 
from December 22, 2018 through the resumption of operations on January 
29, 2019.\3\ On May 14, 2019, we extended the deadline for these final 
results until July 19, 2019.\4\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 
63622 (December 11, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
Mexico: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2016-2017,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
affected by the partial federal government closure have been 
extended by 40 days.
    \4\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated May 14, 2019.
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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.\5\
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    \5\ See Issues and Decision Memorandum for a complete 
description of the Scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this

[[Page 35600]]

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 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/index.html. 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 our analysis of the comments received from parties, we 
have made changes to the margin calculations of Grupo Simec and 
Deacero. For Grupo Simec, we included the downstream sales from 
affiliates that did not pass the arm's-length test, and we corrected an 
inadvertent programming error.\6\ For Deacero, instead of applying its 
highest home market sales price to unaffiliated customers as partial 
AFA for one of its affiliate's home market downstream sales prices, as 
neutral facts available, we have disregarded home market sales to the 
affiliate in calculating Deacero's margin.\7\ As a result of these 
changes, we determine that Deacero did not make sales of subject 
merchandise below normal value during the POR.
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    \6\ See Memorandum, ``Steel Concrete Reinforcing Bar from Mexico 
(2016-2017): Sales and Cost of Production Calculation Memorandum for 
the Final Results of Grupo Simec,'' dated concurrently with these 
final results.
    \7\ See Memorandum, ``Steel Concrete Reinforcing Bar from Mexico 
(2016-2017): Sales and Cost of Production Calculation Memorandum for 
the Final Results of Deacero S.A.P.I.,'' dated concurrently with 
these final results.
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Final Results of the Review

    As a result of this review, Commerce calculated a weighted-average 
dumping margin that is above de minimis for Grupo Simec and a zero 
margin for Deacero for the POR. Therefore, consistent with its practice 
and the investigation methodology set forth in section 735(c)(5)(A) of 
the Tariff Act of 1930, as amended (the Act), Commerce assigned the 
weighted-average dumping margin calculated for Grupo Simec to the seven 
non-selected companies in these final results, as referenced below.

------------------------------------------------------------------------
                                        Weighted-average dumping margin
       Producer and/or exporter                    (percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V..............  0.00 (de minimis).
Grupo Simec (Simec International 6     3.65.
 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.). \8\
Ternium Mexico, S.A. de C.V..........  3.65.
ArcelorMittal Lazaro Cardenas S.A. de  3.65.
 C.V.
Cia Siderurgica De California, S.A.    3.65.
 de C.V.
AceroMex S.A.........................  3.65.
ArcelorMittal Celaya.................  3.65.
ArcelorMittal Cordoba S.A. de C.V....  3.65.
Siderurgica Tultitlan S.A. de C.V....  3.65.
Talleres y Aceros, S.A. de C.V.......  3.65.
Grupo Villacero S.A. de C.V..........  3.65.
------------------------------------------------------------------------

Disclosure and Public Comment
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    \8\ 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 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., and 
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 because it is not involved in the 
production or sale of subject merchandise. See Grupo Simec 
Affiliation and Collapsing Memorandum, dated December 3, 2018; see 
also Memorandum, ``Administrative Review of Antidumping Duty Order 
on Steel Concrete Reinforcing Bar from Mexico: Business Proprietary 
Analysis Memorandum Pertaining to the Collapsing Decision for Grupo 
Simec in the Final Results,'' dated concurrently with these final 
results.
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    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these final results in 
the Federal Register, in accordance with section 751(a) of the Act and 
19 CFR 351.224(b).

Assessment Rates

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\9\ 
For any individually examined respondent whose weighted-average dumping 
margin is above de minimis, we calculated importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the totaled entered 
value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon 
issuance of the final results of this administrative review, if any 
importer-specific assessment rates calculated in the final results are 
above de minimis (i.e., at or above 0.5 percent), Commerce will issue 
instructions directly to CBP to assess antidumping duties on 
appropriate entries. 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.
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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).
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    In accordance with Commerce's ``automatic assessment'' 
practice,\10\ 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.
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    \10\ 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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[[Page 35601]]

    We intend to issue assessment instructions directly 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 less-than-fair-value (LTFV) 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 LTFV 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

    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.

Notice to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: July 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Made Since the Preliminary Results
V. Discussion of the Issues
    General Issue
    Comment 1: Whether ArcelorMittal Celaya Should be Included in 
the Liquidation Instructions
    Deacero Issues
    Comment 2: Whether Commerce Should Continue to Apply Partial AFA 
to Deacero for Not Reporting Downstream Resales of Rebar Made by Its 
Home Market Affiliate
    Comment 3: Whether Commerce Properly Accounted for Deacero's 
Non-Prime Sales
    Comment 4: Whether Commerce Mistakenly Performed the Arm's-
Length Test on Deacero Sales
    Grupo Simec Issues
    Comment 5: Whether Commerce Should Continue Collapsing Sigosa 
with AEST and FUNACE
    Comment 6: Whether Commerce Should Correct an Error in Grupo 
Simec's Margin Calculation Program
VI. Recommendation

[FR Doc. 2019-15743 Filed 7-23-19; 8:45 am]
BILLING CODE 3510-DS-P