Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 50527-50529 [2021-19406]
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices
1 Actual
50527
quantity will be limited to remaining inventory.
and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste).
2 Strategic
2021. For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.4
[FR Doc. 2021–19415 Filed 9–8–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that steel
concrete reinforcing bar (rebar) from
Mexico was sold in the United States at
less than normal value during the
period of review (POR), November 1,
2018, through October 31, 2019. In
addition, Commerce determines that
Ternium Mexico, S.A. de C.V.
(Ternium) had no shipments of subject
merchandise during the POR.
DATES: Applicable September 9, 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:
lotter on DSK11XQN23PROD with NOTICES1
Background
On March 23, 2021, Commerce
published the Preliminary Results.1 On
April 22, 2021, Commerce received case
briefs on behalf of the petitioners 2 and
Deacero S.A.P.I. de C.V. (Deacero). On
April 29, 2021, the petitioners and
Deacero submitted rebuttal briefs.
Commerce extended the deadline for
the final results by 58 days on June 22,
2021.3 The deadline for the final results
of this review is now September 17,
1 See Steel Concrete Reinforcing Bar from Mexico:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–2019, 86 FR
15458 (March 23, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 The petitioners are the Rebar Trade Action
Coalition (RTAC) and its individual members,
Nucor Corporation, Ameristeel US Inc., Commercial
VerDate Sep<11>2014
19:38 Sep 08, 2021
Jkt 253001
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 Issues and Decision
Memorandum.
Deacero; (2) used a revised U.S. sales
database; (3) updated the date assigned
to U.S. sales without a reported
payment date; and (4) updated our
calculation of the cost of scrap.5
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
Analysis of Comments Received
individual companies not selected for
examination when Commerce limits its
All issues raised in the case and
examination in an administrative review
rebuttal briefs are addressed in the
pursuant to section 777A(c)(2) of the
Issues and Decision Memorandum. A
Tariff Act of 1930, as amended (the Act).
list of the issues that parties raised and
Generally, Commerce looks to section
to which we responded in the Issues
735(c)(5) of the Act, which provides
and Decision Memorandum is attached
instructions for calculating the allto this notice as an Appendix. The
others rate in an investigation, for
Issues and Decision Memorandum is a
public document and is on file
guidance when calculating the rate for
electronically via Enforcement and
companies which we did not examine
Compliance’s Antidumping and
in an administrative review. Section
Countervailing Duty Centralized
735(c)(5)(A) of the Act establishes a
Electronic Service System (ACCESS).
preference to avoid using rates which
ACCESS is available to registered users
are zero, de minimis, or based entirely
at https://access.trade.gov. In addition, a on facts available (FA) in calculating an
complete version of the Issues and
all-others rate. Accordingly,
Decision Memorandum can be accessed Commerce’s practice in administrative
directly at https://enforcement.trade.gov/ reviews has been to average the
frn//.
weighted-average dumping margins for
the companies selected for individual
Determination of No Shipments
examination in the annual review,
As noted in the Preliminary Results,
excluding rates that are zero, de
we received a no-shipment claim from
minimis, or based entirely on FA.6 For
Ternium. In the Preliminary Results, we these final results of review, we
preliminarily determined that Ternium
calculated a weighted-average dumping
had no shipments during the POR. We
margin for Deacero that is above de
received no comments from interested
minimis and not based entirely on FA.
parties with respect to this claim.
Therefore, consistent with our practice,
Therefore, we continue to find that
we have assigned the companies not
Ternium had no shipments during the
selected for individual examination the
POR.
weighted-average dumping margin
calculated for Deacero.
Changes Since the Preliminary Results
Based on a review of the record and
Final Results of the Review
comments received from interested
Commerce determines that the
parties, we: (1) Corrected an error in
following weighted-average dumping
Commerce’s dumping margin
margins exist for the period November
programming when calculating the
1, 2018, through October 31, 2019:
weighted-average dumping margin for
Metals Company, Cascade Steel Rolling Mills, Inc.
and Byer Steel Corporation (the petitioners).
3 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Mexico: Antidumping Duty
Administrative Review; 2018–2019; Extension of
Deadline for Final Results,’’ dated June 22, 2021.
4 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Mexico: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2018–2019,’’ dated
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Frm 00004
Fmt 4703
Sfmt 4703
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 Id. at 2–3 and Comments 4, 5 and 6.
6 See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
E:\FR\FM\09SEN1.SGM
09SEN1
50528
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices
Weighted-average
dumping margin
(percent)
Producer and/or exporter
Deacero S.A.P.I de C.V.7 ..........................................................................................................................................................
Review-Specific Average Rate Applicable to the Following Companies:
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.)8 .....
AceroMex S.A ............................................................................................................................................................................
Arcelor Mittal ..............................................................................................................................................................................
ArcelorMittal 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 ....................................................................................................................
Grupo Villacero S.A. de C.V ......................................................................................................................................................
Industrias CH .............................................................................................................................................................................
Siderurgica Tultitlan S.A. de C.V ...............................................................................................................................................
Talleres y Aceros, S.A. de C.V .................................................................................................................................................
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
Because Deacero’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent),
Commerce has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales of
each importer and dividing each of
these amounts by the total sales value
associated with those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
7 This also applies to any entries made under the
name DE ACERO SA. DE CV. 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. 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 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.
VerDate Sep<11>2014
19:38 Sep 08, 2021
Jkt 253001
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by Deacero
where the producer did not know its
merchandise was destined for the
United States, or for entries associated
with Ternium, who had no shipments
during the POR, we will instruct CBP to
liquidate unreviewed suspended
entries, consistent with the reseller
policy, at the all-others rate if there is
no rate for the intermediate
company(ies) involved in the
transaction.9
The assessment rate for antidumping
duties for each of the companies not
selected for individual examination,
will be equal to the weighted-average
dumping margin identified above in the
Final Results of Review.
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 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 rates for the
companies identified above in the Final
9 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
4.93
..................................
4.93
4.93
4.93
4.93
4.93
4.93
4.93
4.93
4.93
4.93
4.93
4.93
Results of Review will be equal to the
company-specific weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by a company
not covered in this administrative
review but covered in a completed prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or
completed prior segment of this
proceeding but the producer is, the cash
deposit rate will be the companyspecific rate established for the most
recently-completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 20.58
percent, the rate established in the
investigation of this proceeding.10 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
10 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).
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final
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
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
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 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Grant Deacero a
CEP Offset
Comment 2: Whether to Apply Adverse
Facts Available to U.S. Freight Expenses
Comment 3: Whether Section 232 Duties
Should be Deducted from U.S. Price
Comment 4: Whether to Correct for a
Macro Programming Error
Comment 5: Whether to Rely on Deacero’s
Revised U.S. Sales Database
Comment 6: Whether to Include Certain
Items in the Calculation of Scrap Costs
Comment 7: Whether to Make Adjustments
to the Scrap Offset Calculation
VI. Recommendation
[FR Doc. 2021–19406 Filed 9–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
lotter on DSK11XQN23PROD with NOTICES1
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
VerDate Sep<11>2014
19:38 Sep 08, 2021
Jkt 253001
National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet on Tuesday, October 26, 2021,
from 10:00 a.m. to 5:30 p.m. Eastern
Time.
DATES: The VCAT will meet on
Tuesday, October 26, 2021, from 10:00
a.m. to 5:30 p.m. Eastern Time.
ADDRESSES: The meeting will be a
virtual meeting via webinar. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 240–298–4654. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the VCAT will meet
on Tuesday, October 26, 2021, from
10:00 a.m. to 5:30 p.m. Eastern Time.
The meeting will be open to the public.
The VCAT is composed of not fewer
than 9 members appointed by the NIST
Director, eminent in such fields as
business, research, new product
development, engineering, labor,
education, management consulting,
environment, and international
relations. The primary purpose of this
meeting is for the VCAT to review and
make recommendations regarding
general policy for NIST, its organization,
its budget, and its programs within the
framework of applicable national
policies as set forth by the President and
the Congress. The agenda will include
an update on major legislation and
policy affecting the NIST mission. It
will also include updates on the NIST
programs and safety, as well as an
update on ongoing actions to implement
NIST’s Strategic Plan. The agenda may
change to accommodate Committee
business. The final agenda will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda.
Approximately one-half hour will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received but,
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
SUMMARY:
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50529
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend via webinar are invited
to submit written statements to
Stephanie Shaw at stephanie.shaw@
nist.gov.
All participants will be attending via
webinar and must contact Ms. Shaw at
stephanie.shaw@nist.gov by no later
than 5:00 p.m. Eastern Time,
Wednesday, October 20, 2021 for
detailed instructions on how to join the
webinar.
Authority: 15 U.S.C. 278, as amended,
and the Federal Advisory Committee
Act, as amended, 5 U.S.C. App.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2021–19482 Filed 9–8–21; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Renewal of Department of Defense
Federal Advisory Committees—
Defense Policy Board
Department of Defense (DoD).
Renewal of Federal Advisory
Committee.
AGENCY:
ACTION:
The DoD is publishing this
notice to announce that it is renewing
the Defense Policy Board (‘‘the Board’’).
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, Advisory Committee
Management Officer for the Department
of Defense, 703–692–5952.
SUPPLEMENTARY INFORMATION: The Board
is being renewed in accordance with the
Federal Advisory Committee Act
(FACA) (5 U.S.C., App.) and 41 CFR
102–3.50(d). The charter and contact
information for the Board’s Designated
Federal Officer (DFO) are found at
https://www.facadatabase.gov/FACA/
apex/FACAPublicAgencyNavigation.
The Board provides the Secretary of
Defense independent advice and
recommendations on matters
concerning defense policy. Specifically,
the Board will focus on: (a) Issues
central to strategic DoD planning; (b)
policy implications of U.S. force
structure and force modernization on
DoD’s ability to execute U.S. defense
strategy; (c) U.S. regional defense
policies; and (d) any other topics raised
by the Secretary of Defense, the Deputy
SUMMARY:
E:\FR\FM\09SEN1.SGM
09SEN1
]]>Agencies
[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Notices]
[Pages 50527-50529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19406]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that steel
concrete reinforcing bar (rebar) from Mexico was sold in the United
States at less than normal value during the period of review (POR),
November 1, 2018, through October 31, 2019. In addition, Commerce
determines that Ternium Mexico, S.A. de C.V. (Ternium) had no shipments
of subject merchandise during the POR.
DATES: Applicable September 9, 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 March 23, 2021, Commerce published the Preliminary Results.\1\
On April 22, 2021, Commerce received case briefs on behalf of the
petitioners \2\ and Deacero S.A.P.I. de C.V. (Deacero). On April 29,
2021, the petitioners and Deacero submitted rebuttal briefs.
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2018-2019, 86 FR 15458 (March 23,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ The petitioners are the Rebar Trade Action Coalition (RTAC)
and its individual members, Nucor Corporation, Ameristeel US Inc.,
Commercial Metals Company, Cascade Steel Rolling Mills, Inc. and
Byer Steel Corporation (the petitioners).
---------------------------------------------------------------------------
Commerce extended the deadline for the final results by 58 days on
June 22, 2021.\3\ The deadline for the final results of this review is
now September 17, 2021. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Antidumping Duty Administrative Review; 2018-2019; Extension
of Deadline for Final Results,'' dated June 22, 2021.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
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 Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn//.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from Ternium. In the Preliminary Results, we preliminarily
determined that Ternium had no shipments during the POR. We received no
comments from interested parties with respect to this claim. Therefore,
we continue to find that Ternium had no shipments during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we: (1) Corrected an error in Commerce's dumping
margin programming when calculating the weighted-average dumping margin
for Deacero; (2) used a revised U.S. sales database; (3) updated the
date assigned to U.S. sales without a reported payment date; and (4)
updated our calculation of the cost of scrap.\5\
---------------------------------------------------------------------------
\5\ Id. at 2-3 and Comments 4, 5 and 6.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (the Act). Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for companies which we did not examine in an administrative
review. Section 735(c)(5)(A) of the Act establishes a preference to
avoid using rates which are zero, de minimis, or based entirely on
facts available (FA) in calculating an all-others rate. Accordingly,
Commerce's practice in administrative reviews has been to average the
weighted-average dumping margins for the companies selected for
individual examination in the annual review, excluding rates that are
zero, de minimis, or based entirely on FA.\6\ For these final results
of review, we calculated a weighted-average dumping margin for Deacero
that is above de minimis and not based entirely on FA. Therefore,
consistent with our practice, we have assigned the companies not
selected for individual examination the weighted-average dumping margin
calculated for Deacero.
---------------------------------------------------------------------------
\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period November 1, 2018, through October 31,
2019:
[[Page 50528]]
------------------------------------------------------------------------
Weighted-average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V.\7\......................... 4.93
Review-Specific Average Rate Applicable to the ...................
Following Companies:
Grupo Simec (Aceros Especiales Simec Tlaxcala, 4.93
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.)\8\..............
AceroMex S.A....................................... 4.93
Arcelor Mittal..................................... 4.93
ArcelorMittal Celaya............................... 4.93
ArcelorMittal Cordoba S.A. de C.V.................. 4.93
ArcelorMittal Lazaro Cardenas S.A. de C.V.......... 4.93
Cia Siderurgica de California, S.A. de C.V......... 4.93
Compania Siderurgica de California, S.A. de C.V.... 4.93
Grupo Villacero S.A. de C.V........................ 4.93
Industrias CH...................................... 4.93
Siderurgica Tultitlan S.A. de C.V.................. 4.93
Talleres y Aceros, S.A. de C.V..................... 4.93
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Assessment Rate
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\7\ This also applies to any entries made under the name DE
ACERO SA. DE CV. 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. 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\ 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.
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Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
Because Deacero's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific antidumping duty assessment rates by aggregating the
total amount of dumping calculated for the examined sales of each
importer and dividing each of these amounts by the total sales value
associated with those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Deacero where the producer did not know its merchandise was destined
for the United States, or for entries associated with Ternium, who had
no shipments during the POR, we will instruct CBP to liquidate
unreviewed suspended entries, consistent with the reseller policy, at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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The assessment rate for antidumping duties for each of the
companies not selected for individual examination, will be equal to the
weighted-average dumping margin identified above in the Final Results
of Review.
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 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 rates for the companies
identified above in the Final Results of Review will be equal to the
company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific rate established for the most recently-
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 20.58 percent, the rate established in
the investigation of this proceeding.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent
[[Page 50529]]
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a final 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 proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
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 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Grant Deacero a CEP Offset
Comment 2: Whether to Apply Adverse Facts Available to U.S.
Freight Expenses
Comment 3: Whether Section 232 Duties Should be Deducted from
U.S. Price
Comment 4: Whether to Correct for a Macro Programming Error
Comment 5: Whether to Rely on Deacero's Revised U.S. Sales
Database
Comment 6: Whether to Include Certain Items in the Calculation
of Scrap Costs
Comment 7: Whether to Make Adjustments to the Scrap Offset
Calculation
VI. Recommendation
[FR Doc. 2021-19406 Filed 9-8-21; 8:45 am]
BILLING CODE 3510-DS-P
