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]
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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withdrawn from warehouse, for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).
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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.
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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).
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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
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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
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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.
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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
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17:45 Mar 22, 2021
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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
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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).
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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).
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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
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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
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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).
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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.
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\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).
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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\
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\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.
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\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).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in 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
