Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 15458-15461 [2021-05959]

Download as PDF 15458 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices purposes. The written description of the scope of the AD order is dispositive. Final Results of Review As noted above, Commerce received no comments concerning the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, Commerce finds that there is no reason to modify its analysis and calculations. Accordingly, we adopt the analysis and explanation in our Preliminary Results for the purposes of these final results and we have not prepared an Issues and Decision Memorandum to accompany this Federal Register notice. The final weighted-average dumping margin for the period July 1, 2018, through June 30, 2019, for Jindal is 0.00 percent. Assessment Rates Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). Commerce intends to issue assessment instructions directly to CBP no earlier than 35 days after publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for statutory injunction has expired (i.e., within 90 days of publication). Because we calculated a zero margin in the final results of this review for Jindal, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate the appropriate entries without regard to dumping duties.3 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Jindal will be zero, the rate established in the final results of this review; (2) for previously reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period in which that company participated; (3) if the exporter is not a firm covered in this or any previous review or in the original less-than-fair-value (LTFV) investigation, but the manufacturer is, 3 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:45 Mar 22, 2021 Jkt 253001 the cash-deposit rate will be the rate established for the manufacturer of the merchandise in these final results of review or in the final results for the most recent period in which that manufacturer participated; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review or the investigation, the cash-deposit rate will continue to be the all-others rate of 5.71 percent, which is the all-others rate established by Commerce in the LTFV investigation.4 These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the final results within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, there are no calculations to disclose here because Commerce made no changes to the analysis or calculations in the Preliminary Results.5 Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (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 4 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 44175 (July 1, 2002); see also Final Determination of Sales at Less Than Fair Value: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India, 67 FR 34899 (May 16, 2002). 5 For disclosure of calculations made in the Preliminary Results, see Memorandum ‘‘Analysis Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Polyethylene Terephthalate Film, Sheet, and Strip from India: Jindal Poly Films Ltd. (India),’’ dated November 17, 2020. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 terms of an APO is a violation, which is subject to sanction. Notification 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 351.213(h). Dated: March 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–05961 Filed 3–22–21; 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; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Deacero S.A.P.I. de C.V. (Deacero) sold subject merchandise in the United States at prices below normal value during the November 1, 2018, through October 31, 2019 period of review (POR). In addition, Commerce preliminarily determines that Ternium Mexico, S.A. de C.V. (Ternium) had no shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable March 23, 2021. FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482–1671. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 6, 2014, Commerce published the antidumping duty order on steel concrete reinforcing bar (rebar) from Mexico in the Federal Register.1 1 See Steel Concrete Reinforcing Bar from Mexico: Antidumping Duty Order, 79 FR 65925 (November 6, 2014) (Order). E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices On January 17, 2020, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.3 Subsequently, on July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.4 On October 9, 2020, we extended the deadline for the preliminary results to March 19, 2021.5 Commerce initiated this administrative review covering the following companies: AceroMex S.A.; Aceros Especiales Simec Tlaxcala; Arcelor Mittal; Arcelor Mittal Celaya; ArcelorMittal Cordoba S.A. de C.V.; ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia Siderurgica De California, S.A. de C.V.; Compania Siderurgica de California, S.A. de C.V.; DE ACERO SA. DE CV.; Deacero; Grupo Simec; Grupo Villacero S.A. de C.V.; Industrias CH; Orge S.A. de C.V.; Siderurgica Tultitlan S.A. de C.V.; Simec International S.A. de C.V.; Talleres y Aceros, S.A. de C.V.; and, Ternium Mexico, S.A. de C.V. On March 4, 2020, we limited the number of respondents selected for individual examination in this administrative review to Deacero.6 We did not select the remaining companies for individual examination, and these companies remain subject to this administrative review.7 Scope of the Order The product covered by the Order is steel concrete reinforcing bar from Mexico. For a complete description of the scope, see the Preliminary Decision Memorandum.8 Preliminary Determination of No Shipments We preliminarily determine that Ternium made no shipments of subject merchandise during the POR. Moreover, consistent with our practice, we are not preliminarily rescinding the review with respect to Ternium, but, rather, we will complete the review with respect to the company and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of this review.9 For further discussion, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Act. Constructed export price was calculated in accordance with section 772 of the Act. Normal value was 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. Rate for Non-Selected Companies We are applying to the non-selected companies the rate preliminarily calculated for Deacero in this administrative review, which is the only calculated rate in this administrative review that is not zero, de minimis or determined entirely on the basis of facts available. For a detailed discussion, see the Preliminary Decision Memorandum. Preliminary Results of the Review We preliminarily determine the following weighted-average dumping margins exist for the POR: Weightedaverage dumping margin (percent) Producer and/or exporter Deacero S.A.P.I de C.V.10 ........................................................................................................................................................................ Grupo Simec (Aceros Especiales Simec Tlaxcala, S.A. de C.V.; Compania Siderurgica del Pacifico S.A. de C.V.; Fundiciones de Acero Estructurales, S.A. de C.V.; Grupo Chant S.A.P.I. de C.V.; Operadora de Perfiles Sigosa, S.A. de C.V.; Orge S.A. de C.V.; Perfiles Comerciales Sigosa, S.A. de C.V.; RRLC S.A.P.I. de C.V.; Sideru´rgicos Noroeste, S.A. de C.V.; Siderurgica del Occidente y Pacifico S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec International, S.A. de C.V.; Simec International 7 S.A. de C.V.; and, Simec International 9 S.A. de C.V.) 11 .................................................................................................................... AceroMex S.A ............................................................................................................................................................................................ Arcelor Mittal .............................................................................................................................................................................................. ArcelorMittal Celaya ................................................................................................................................................................................... 2 See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation Notice). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results,’’ dated October 9, 2020. 6 See Memorandum, ‘‘2018–2019 Antidumping Duty Administrative Review of Steel Concrete Reinforcing Bar from Mexico: Respondent Selection,’’ dated March 4, 2020. 7 While the petitioner requested a review of both DE ACERO SA. DE CV. and Deacero, Commerce has previously determined that DE ACERO SA. DE CV. is the same company as Deacero and therefore, we are treating DE ACERO SA. DE CV. as the same as Deacero. Further, we previously collapsed, or found VerDate Sep<11>2014 17:45 Mar 22, 2021 Jkt 253001 affiliated, 4 of the 18 firms listed in the Initiation Notice (i.e., Aceros Especiales Simec Tlaxcala, Grupo Simec, Orge S.A. de C.V., and Simec International S.A. de C.V.) into the single entity ‘‘Grupo Simec.’’ Commerce has previously collapsed several additional companies into the single entity, ‘‘Grupo Simec’’ which are identified in the rates section below. See, e.g., Steel Concrete Reinforcing Bar from Mexico: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 85 FR 71053 (November 6, 2020) (2017–2018 AR Mexico Rebar Final), at 71053–71054. 8 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: Steel Concrete Reinforcing Bar from Mexico; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 9 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 15459 5.05 5.05 5.05 5.05 5.05 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 (August 28, 2014). 10 This also applies to any entries made under the name DE ACERO SA. DE CV., as noted above. 11 Commerce has previously collapsed the following entities into a single entity: Grupo Simec; Aceros Especiales Simec Tlaxcala, S.A. de C.V.; Compania Siderurgica del Pacifico S.A. de C.V.; Fundiciones de Acero Estructurales, S.A. de C.V.; Grupo Chant S.A.P.I. de C.V.; Operadora de Perfiles Sigosa, S.A. de C.V.; Orge S.A. de C.V.; Perfiles Comerciales Sigosa, S.A. de C.V.; RRLC S.A.P.I. de C.V.; Sideru´rgicos Noroeste, S.A. de C.V.; Siderurgica del Occidente y Pacifico S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec International, S.A. de C.V.; Simec International 7 S.A. de C.V.; and, Simec International 9 S.A. de C.V. See, e.g., 2017–2018 AR Mexico Rebar Final, 85 FR at 71053–71054. E:\FR\FM\23MRN1.SGM 23MRN1 15460 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices Weightedaverage dumping margin (percent) Producer and/or exporter ArcelorMittal Cordoba S.A. de C.V ............................................................................................................................................................ ArcelorMittal Lazaro Cardenas S.A. de C.V .............................................................................................................................................. Cia Siderurgica de California, S.A. de C.V ............................................................................................................................................... Compania Siderurgica de California, S.A. de C.V .................................................................................................................................... Grupo Villacero S.A. de C.V ...................................................................................................................................................................... Industrias CH ............................................................................................................................................................................................. Siderurgica Tultitlan S.A. de C.V ............................................................................................................................................................... Talleres y Aceros, S.A. de C.V ................................................................................................................................................................. Disclosure and Public Comment 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.12 Pursuant to 19 CFR 351.309(c), 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 seven days after the date for filing case briefs.13 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.14 Case and rebuttal briefs should be filed using ACCESS 15 and must be served on interested parties.16 Executive Summaries should be limited to five pages total, including footnotes. 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 Commerce’s electric records system, ACCESS. An electronically filed request must be received successfully in its entirety by 5:00 p.m. Easter Time within 30 days after the date of publication of this notice.17 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 a time and date to be 12 See 19 CFR 351.224(b). 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect)’’); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See generally 19 CFR 351.303. 16 See 19 CFR 351.303(f). 17 See 19 CFR 351.310(c). 13 See VerDate Sep<11>2014 17:45 Mar 22, 2021 Jkt 253001 determined.18 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, unless extended.19 Assessment Rate Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries. If the weighted-average dumping margin for Deacero (i.e., the sole individually examined respondent in this review) is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific ad valorem assessment rates for the merchandise based on the ratio of the total amount of dumping calculated for the examined sales made during the POR to each importer and the total entered value of those same sales, in accordance with 19 CFR 351.212(b)(1). Where an importerspecific ad valorem assessment rate is zero or de minimis in the final results of review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). If a respondent’s weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 20 For the companies which 18 See 19 CFR 351.310(d). section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). 20 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping 19 See PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 5.05 5.05 5.05 5.05 5.05 5.05 5.05 5.05 were not selected for individual review, we will assign an assessment rate based on the weighted-average dumping margin calculated for the sole individually examined respondent in this review, Deacero. For entries of subject merchandise during the POR produced by Deacero for which the producer did not know its merchandise was destined for the United States, or for any respondent for which we have a final determination of no shipments, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company (or companies) involved in the transaction.21 Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register, in accordance with 19 CFR 356.8(a). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the 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 Deacero and other companies listed above will be equal to the weighted-average dumping margin 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)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). 21 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or in the 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 merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 20.58 percent, the rate established in the investigation of this proceeding.22 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. DEPARTMENT OF COMMERCE International Trade Administration [A–580–891] Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that POSCO, a producer and exporter of carbon and alloy steel wire rod from the Republic of Korea (Korea) sold the subject merchandise at prices below normal value during the period of review (POR), October 31, 2017, through April 30, 2019. AGENCY: DATES: Applicable March 23, 2021. FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482–2316. SUPPLEMENTARY INFORMATION: Notification to Interested Parties Background We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1). On July 24, 2020, Commerce published the Preliminary Results 1 covering the sole producer and exporter of the subject merchandise subject to the review, POSCO. We invited interested parties to comment on the Preliminary Results. On September 28 and October 9, 2020, the petitioners 2 and POSCO filed case and rebuttal briefs.3 On January 14 and 21, 2021, we held video conferences with the counsels for POSCO and the petitioners, respectively.4 Commerce conducted this Dated: March 17, 2021. Christian Marsh, Acting 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. Preliminary Determination of No Shipments V. Margin for Companies Not Selected for Individual Examination VI. Discussion of the Methodology VII. Recommendation [FR Doc. 2021–05959 Filed 3–22–21; 8:45 am] BILLING CODE 3510–DS–P 22 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 17:45 Mar 22, 2021 Jkt 253001 1 See Carbon and Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017– 2019, 85 FR 44858 (July 24, 2020), and accompanying Preliminary Decision Memorandum. 2 The petitioners are Charter Steel, Liberty Steel USA, Nucor Corporation, and Optimus Steel LLC (collectively, the petitioners). 3 See Petitioners’ Letter, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—Petitioners’ Case Brief,’’ dated September 28, 2020; see also POSCO’s Letter, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—POSCO’s Case Brief,’’ dated September 28, 2020; Petitioners’ Letter, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—Petitioners’ Rebuttal Brief,’’ dated October 9, 2020; and POSCO’s Letter, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—POSCO’s Rebuttal Brief,’’ dated October 9, 2020. 4 See Memoranda, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—Ex Parte Meeting with POSCO’s Counsel,’’ dated January 15, 2021, and ‘‘Carbon and Alloy Steel Wire Rod from the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 15461 review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.5 Subsequently, on July 21, 2020, Commerce tolled all preliminary and final results in administrative reviews by an additional 60 days.6 On December 1, 2020, we extended the deadline for issuing the final results until March 17, 2021.7 Scope of the Order 8 The scope of the Order includes certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid crosssectional diameter. On April 8, 2019, Commerce excluded from the scope of the Order grade 1078 and higher tire cord quality wire rod used in the production of tire cord wire.9 On June 13, 2019, Commerce excluded from the scope of the Order valve spring quality steel products defined as wire rod.10 For a complete description of the scope of the Order, see the Issues and Decision Memorandum.11 Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. A list of these issues is attached in an appendix to this Republic of Korea—Ex Parte Meeting with Petitioners’ Counsel,’’ dated January 21, 2021. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020 (the deadline for the final results was actually tolled by 57 days because the tolling started three day before the publication date of the Preliminary Results). 7 See Memorandum, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea—Extension of Deadline for Final Results,’’ dated December 1, 2020. 8 See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey, 83 FR 23417 (May 21, 2018) (Order). 9 See Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019). 10 See Carbon and Alloy Steel Wire Rod from the Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review; 84 FR 27582 (June 13, 2019). 11 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Administrative Review of the Antidumping Duty Order on Carbon and Alloy Steel Wire Rod from the Republic of Korea; 2017–2019,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15458-15461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05959]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Deacero S.A.P.I. de C.V. (Deacero) sold subject merchandise in the 
United States at prices below normal value during the November 1, 2018, 
through October 31, 2019 period of review (POR). In addition, Commerce 
preliminarily determines that Ternium Mexico, S.A. de C.V. (Ternium) 
had no shipments of subject merchandise during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable March 23, 2021.

FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-1671.

SUPPLEMENTARY INFORMATION: 

Background

    On November 6, 2014, Commerce published the antidumping duty order 
on steel concrete reinforcing bar (rebar) from Mexico in the Federal 
Register.\1\

[[Page 15459]]

On January 17, 2020, pursuant to section 751(a)(1) of the Tariff Act of 
1930, as amended (the Act), Commerce initiated an administrative review 
of the Order.\2\
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping 
Duty Order, 79 FR 65925 (November 6, 2014) (Order).
    \2\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation 
Notice).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\3\ Subsequently, on July 21, 2020, Commerce tolled 
all deadlines in administrative reviews by an additional 60 days.\4\ On 
October 9, 2020, we extended the deadline for the preliminary results 
to March 19, 2021.\5\
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated October 9, 2020.
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    Commerce initiated this administrative review covering the 
following companies: AceroMex S.A.; Aceros Especiales Simec Tlaxcala; 
Arcelor Mittal; Arcelor Mittal Celaya; ArcelorMittal Cordoba S.A. de 
C.V.; ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia Siderurgica De 
California, S.A. de C.V.; Compania Siderurgica de California, S.A. de 
C.V.; DE ACERO SA. DE CV.; Deacero; Grupo Simec; Grupo Villacero S.A. 
de C.V.; Industrias CH; Orge S.A. de C.V.; Siderurgica Tultitlan S.A. 
de C.V.; Simec International S.A. de C.V.; Talleres y Aceros, S.A. de 
C.V.; and, Ternium Mexico, S.A. de C.V. On March 4, 2020, we limited 
the number of respondents selected for individual examination in this 
administrative review to Deacero.\6\ We did not select the remaining 
companies for individual examination, and these companies remain 
subject to this administrative review.\7\
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    \6\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Steel Concrete Reinforcing Bar from Mexico: Respondent 
Selection,'' dated March 4, 2020.
    \7\ While the petitioner requested a review of both DE ACERO SA. 
DE CV. and Deacero, Commerce has previously determined that DE ACERO 
SA. DE CV. is the same company as Deacero and therefore, we are 
treating DE ACERO SA. DE CV. as the same as Deacero. Further, we 
previously collapsed, or found affiliated, 4 of the 18 firms listed 
in the Initiation Notice (i.e., Aceros Especiales Simec Tlaxcala, 
Grupo Simec, Orge S.A. de C.V., and Simec International S.A. de 
C.V.) into the single entity ``Grupo Simec.'' Commerce has 
previously collapsed several additional companies into the single 
entity, ``Grupo Simec'' which are identified in the rates section 
below. See, e.g., Steel Concrete Reinforcing Bar from Mexico: Final 
Results of Antidumping Duty Administrative Review; 2017-2018, 85 FR 
71053 (November 6, 2020) (2017-2018 AR Mexico Rebar Final), at 
71053-71054.
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Scope of the Order

    The product covered by the Order is steel concrete reinforcing bar 
from Mexico. For a complete description of the scope, see the 
Preliminary Decision Memorandum.\8\
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments: Steel Concrete 
Reinforcing Bar from Mexico; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Preliminary Determination of No Shipments

    We preliminarily determine that Ternium made no shipments of 
subject merchandise during the POR. Moreover, consistent with our 
practice, we are not preliminarily rescinding the review with respect 
to Ternium, but, rather, we will complete the review with respect to 
the company and issue appropriate instructions to U.S. Customs and 
Border Protection (CBP) based on the final results of this review.\9\ 
For further discussion, see the Preliminary Decision Memorandum.
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    \9\ 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 
(August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Constructed export price was calculated in 
accordance with section 772 of the Act. Normal value was 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. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as the appendix to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/.

Rate for Non-Selected Companies

    We are applying to the non-selected companies the rate 
preliminarily calculated for Deacero in this administrative review, 
which is the only calculated rate in this administrative review that is 
not zero, de minimis or determined entirely on the basis of facts 
available. For a detailed discussion, see the Preliminary Decision 
Memorandum.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the POR:
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    \10\ This also applies to any entries made under the name DE 
ACERO SA. DE CV., as noted above.
    \11\ Commerce has previously collapsed the following entities 
into a single entity: Grupo Simec; Aceros Especiales Simec Tlaxcala, 
S.A. de C.V.; Compania Siderurgica del Pacifico S.A. de C.V.; 
Fundiciones de Acero Estructurales, S.A. de C.V.; Grupo Chant 
S.A.P.I. de C.V.; Operadora de Perfiles Sigosa, S.A. de C.V.; Orge 
S.A. de C.V.; Perfiles Comerciales Sigosa, S.A. de C.V.; RRLC 
S.A.P.I. de C.V.; Sider[uacute]rgicos Noroeste, S.A. de C.V.; 
Siderurgica del Occidente y Pacifico S.A. de C.V.; Simec 
International 6 S.A. de C.V.; Simec International, S.A. de C.V.; 
Simec International 7 S.A. de C.V.; and, Simec International 9 S.A. 
de C.V. See, e.g., 2017-2018 AR Mexico Rebar Final, 85 FR at 71053-
71054.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V.\10\.................................        5.05
Grupo Simec (Aceros Especiales Simec Tlaxcala, S.A. de C.V.;        5.05
 Compania Siderurgica del Pacifico S.A. de C.V.; Fundiciones
 de Acero Estructurales, S.A. de C.V.; Grupo Chant S.A.P.I.
 de C.V.; Operadora de Perfiles Sigosa, S.A. de C.V.; Orge
 S.A. de C.V.; Perfiles Comerciales Sigosa, S.A. de C.V.;
 RRLC S.A.P.I. de C.V.; Sider[uacute]rgicos Noroeste, S.A.
 de C.V.; Siderurgica del Occidente y Pacifico S.A. de C.V.;
 Simec International 6 S.A. de C.V.; Simec International,
 S.A. de C.V.; Simec International 7 S.A. de C.V.; and,
 Simec International 9 S.A. de C.V.) \11\...................
AceroMex S.A................................................        5.05
Arcelor Mittal..............................................        5.05
ArcelorMittal Celaya........................................        5.05

[[Page 15460]]

 
ArcelorMittal Cordoba S.A. de C.V...........................        5.05
ArcelorMittal Lazaro Cardenas S.A. de C.V...................        5.05
Cia Siderurgica de California, S.A. de C.V..................        5.05
Compania Siderurgica de California, S.A. de C.V.............        5.05
Grupo Villacero S.A. de C.V.................................        5.05
Industrias CH...............................................        5.05
Siderurgica Tultitlan S.A. de C.V...........................        5.05
Talleres y Aceros, S.A. de C.V..............................        5.05
------------------------------------------------------------------------

Disclosure and Public Comment

    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.\12\ Pursuant to 19 CFR 
351.309(c), 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 
seven days after the date for filing case briefs.\13\ 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.\14\ Case and 
rebuttal briefs should be filed using ACCESS \15\ and must be served on 
interested parties.\16\ Executive Summaries should be limited to five 
pages total, including footnotes.
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect)''); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See generally 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
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    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 
Commerce's electric records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Easter Time within 30 days after the date of publication of this 
notice.\17\ 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 a time and date to be determined.\18\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\19\
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    \19\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rate

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. If the weighted-average dumping margin for Deacero (i.e., the 
sole individually examined respondent in this review) is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific ad valorem assessment rates 
for the merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment 
rate is zero or de minimis in the final results of review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2). If a 
respondent's weighted-average dumping margin is zero or de minimis in 
the final results of review, we will instruct CBP not to assess duties 
on any of its entries in accordance with the Final Modification for 
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping 
for the exporter is determined to be zero or de minimis, no antidumping 
duties will be assessed.'' \20\ For the companies which were not 
selected for individual review, we will assign an assessment rate based 
on the weighted-average dumping margin calculated for the sole 
individually examined respondent in this review, Deacero.
---------------------------------------------------------------------------

    \20\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
Deacero for which the producer did not know its merchandise was 
destined for the United States, or for any respondent for which we have 
a final determination of no shipments, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company (or companies) involved in the 
transaction.\21\
---------------------------------------------------------------------------

    \21\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the 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 Deacero and 
other companies listed above will be equal to the weighted-average 
dumping margin 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)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the

[[Page 15461]]

most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or in the 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 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 20.58 percent, the 
rate established in the investigation of this proceeding.\22\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \22\ 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).
---------------------------------------------------------------------------

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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(1).

    Dated: March 17, 2021.
Christian Marsh,
Acting 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. Preliminary Determination of No Shipments
V. Margin for Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2021-05959 Filed 3-22-21; 8:45 am]
BILLING CODE 3510-DS-P