Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 75032-75034 [2022-26559]
Download as PDF
<![CDATA[
75032
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Castro-Aguilera by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
made subject to the provisions of this
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, Castro-Aguilera may
file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Castro-Aguilera and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 25, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–26514 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Deacero S.A.P.I. de C.V.
(Deacero), Ingeteknos Estructurales, S.A.
de C.V. (Ingetek), Aceros Nacionales,
S.A. de C.V. (ANSA), and Company A
(collectively, Deacero Group) and Grupo
Acerero S.A. de C.V. (Acerero) made
ddrumheller on DSK6VXHR33PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
19:54 Dec 06, 2022
Jkt 259001
sales of subject merchandise in the
United States at prices below normal
value during the November 1, 2020,
through October 31, 2021, period of
review (POR). We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 7, 2022.
FOR FURTHER INFORMATION CONTACT:
David Lindgren or Kyle Clahane, 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 or (202) 482–5449,
respectively.
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
On December 28, 2021, 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 July 8, 2022, we extended
the deadline for the preliminary results
to November 30, 2022.3
Commerce initiated this
administrative review covering the
following companies: Aceros Especiales
Simec Tlaxcala, S.A. de C.V.;
ArcelorMittal Mexico SA de CV.;
Compania Siderurgica del Pacifico S.A.
de C.V.; Deacero; Fundiciones de Acero
Estructurales, S.A. de C.V.; Acerero;
Grupo Chant, S.A.P.I. de C.V.; Grupo
Simec; 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.; Sidertul S.A. de C.V.;
Siderurgicos 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 7, S.A. de
C.V.; Simec International 9 S.A. de C.V.;
and Simec International, S.A. de C.V.4
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, 86 FR
73734 (December 28, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated July 8, 2022.
4 Commerce has previously collapsed 15 of the
firms listed in the Initiation Notice (i.e., 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.; Grupo Simec; 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, S.A. de C.V.; Simec
International 6 S.A. de C.V.; Simec International 7
S.A. de C.V.; and Simec International 9 S.A. de
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
On January 26, 2022, we limited the
number of respondents selected for
individual examination in this
administrative review to Deacero Group
and Acerero.5 We did not select the
remaining companies for individual
examination, and these companies
remain subject to this administrative
review.
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.
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 topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rate for Non-Selected Companies
The statute and Commerce’s
regulations do not identify the dumping
margin to apply to respondents not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
C.V.) into the single entity ‘‘Grupo Simec.’’ See, e.g.,
Steel Concrete Reinforcing Bar from Mexico: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2019–2020, 87 FR 34848 (June 8, 2022).
Additionally, Commerce has preliminarily
determined that Deacero, Ingetek, ANSA and
Company A should be collapsed and treated as a
single entity, collectively Deacero Group. See
Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the Administrative Review
on the Antidumping Duty Order of Steel Concrete
Reinforcing Bar from Mexico; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum) at
‘‘Affiliation and Collapsing.’’
5 See Memorandum, ‘‘Respondent Selection,’’
dated January 26, 2022.
E:\FR\FM\07DEN1.SGM
07DEN1
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
determining the dumping margin for
respondents that are not individually
examined in an administrative review.
Section 735(c)(5)(A) of the Act states
that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. Where the dumping
margins for individually examined
respondents are all zero, de minimis, or
based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method to establish the estimated allothers rate for exporters and producers
not individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’ For the
mandatory respondents, Deacero Group
and Acerero, we preliminarily
calculated dumping margins of 3.05
percent and 16.28 percent, respectively,
and we have assigned to the nonselected companies a rate of 6.35
percent, which is the weighted average
of Deacero Group and Acerero’s margins
based on publicly ranged data. For
additional information, see the
Preliminary Decision Memorandum at
‘‘Rates for Non-Selected Companies.’’
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins exist for the POR:
Weightedaverage
dumping
margin
(percent)
Producer and/or exporter
ddrumheller on DSK6VXHR33PROD with NOTICES
Deacero S.A.P.I de C.V./Ingeteknos Estructurales, S.A. de C.V./Aceros Nacionales, S.A. de C.V./Company A ...................................
Grupo Acerero S.A. de C.V .......................................................................................................................................................................
ArcelorMittal Mexico SA de CV .................................................................................................................................................................
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, S.A. de C.V./Simec International 6 S.A. de C.V./Simec International 7 S.A. de C.V./
Simec International 9 S.A. de C.V.) .......................................................................................................................................................
Sidertul 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.6 A timeline for the submission of
case briefs and written comments will
be provided to interested parties at a
later date. 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.7 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.8 Case and rebuttal
briefs should be filed using ACCESS 9
and must be served on interested
parties.10 Executive Summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain of its
requirements for service documents
containing business proprietary
information, until further notice.11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
6 See
19 CFR 351.224(b).
19 CFR 351.309(d).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See generally 19 CFR 351.303.
10 See 19 CFR 351.303(f).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
7 See
VerDate Sep<11>2014
19:54 Dec 06, 2022
Jkt 259001
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. Eastern Time
within 30 days after the date of
publication of this notice.12 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.13 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.14
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
12 See
19 CFR 351.310(c).
19 CFR 351.310(d).
14 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
13 See
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
75033
3.05
16.28
6.35
6.35
6.35
entries. If the weighted-average
dumping margin for an individually
examined respondent 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
weighted-average margin of dumping for
the exporter is determined to be zero or
de minimis, no antidumping duties will
be assessed.’’ 15 For entries of subject
merchandise during the POR produced
15 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).
E:\FR\FM\07DEN1.SGM
07DEN1
75034
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
by each respondent for which the
producer did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company (or companies) involved in the
transaction.16
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the review-specific average
rate, calculated as noted in the
‘‘Preliminary Results of Review’’
section, above. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.17
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).
ddrumheller on DSK6VXHR33PROD with NOTICES
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 each company
listed above will be that 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
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
16 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
17 See section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
19:54 Dec 06, 2022
Jkt 259001
of this proceeding.18 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
review and an exporter of forged steel
fittings from the People’s Republic of
China (China), as well as four additional
exporters of forged steel fittings from
China, sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) November 1, 2020, through
October 31, 2021. Further, Commerce
preliminarily determines that Jiangsu
Forged Pipe Fittings Co., Ltd. (Jiangsu)
had no shipments of subject
merchandise during the POR, and 20
companies for which this review was
initiated are not eligible for a separate
rate and are thus part of the China-wide
entity. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0339.
SUPPLEMENTARY INFORMATION:
Appendix
Background
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Recommendation
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On December 28,
2021, Commerce published the notice of
initiation of this administrative review,
covering 26 companies.1 On February
13, 2020, Commerce selected as the sole
mandatory respondent, Both-Well
(Taizhou) Steel Fittings Co., Ltd. (BothWell), the company accounting for the
largest volume of U.S. entries of subject
merchandise into the United States as
reported by U.S. Customs and Border
Protection (CBP).2 On February 18,
2022, Commerce issued the non-market
economy (NME) antidumping duty
questionnaire to Both-Well.
On July 5, 2022, Commerce extended
the preliminary results deadline by 120
days.3 For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.4
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).
[FR Doc. 2022–26559 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–067]
Forged Steel Fittings From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Both-Well (Taizhou)
Steel Fittings Co., Ltd. (Both-Well), the
sole mandatory respondent in this
AGENCY:
18 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).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021) (Initiation Notice).
2 See Memorandum, ‘‘Respondent Selection,’’
dated February 17, 2022.
3 See Memorandum, ‘‘Forged Steel Fittings from
the People’s Republic of China: Extension of
Deadline for Preliminary Results of the Third
Antidumping Duty Administrative Review,’’ dated
July 5, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Forged Steel Fittings from
the People’s Republic of China; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75032-75034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26559]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Deacero S.A.P.I. de C.V. (Deacero), Ingeteknos Estructurales, S.A.
de C.V. (Ingetek), Aceros Nacionales, S.A. de C.V. (ANSA), and Company
A (collectively, Deacero Group) and Grupo Acerero S.A. de C.V.
(Acerero) made sales of subject merchandise in the United States at
prices below normal value during the November 1, 2020, through October
31, 2021, period of review (POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable December 7, 2022.
FOR FURTHER INFORMATION CONTACT: David Lindgren or Kyle Clahane, 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 or (202) 482-5449,
respectively.
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\ On December 28, 2021, 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 July 8, 2022, we extended the
deadline for the preliminary results to November 30, 2022.\3\
---------------------------------------------------------------------------
\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, 86 FR 73734 (December 28, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated July 8, 2022.
---------------------------------------------------------------------------
Commerce initiated this administrative review covering the
following companies: Aceros Especiales Simec Tlaxcala, S.A. de C.V.;
ArcelorMittal Mexico SA de CV.; Compania Siderurgica del Pacifico S.A.
de C.V.; Deacero; Fundiciones de Acero Estructurales, S.A. de C.V.;
Acerero; Grupo Chant, S.A.P.I. de C.V.; Grupo Simec; 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.; Sidertul S.A. de C.V.;
Siderurgicos 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 7, S.A. de C.V.; Simec International 9 S.A. de C.V.; and
Simec International, S.A. de C.V.\4\ On January 26, 2022, we limited
the number of respondents selected for individual examination in this
administrative review to Deacero Group and Acerero.\5\ We did not
select the remaining companies for individual examination, and these
companies remain subject to this administrative review.
---------------------------------------------------------------------------
\4\ Commerce has previously collapsed 15 of the firms listed in
the Initiation Notice (i.e., 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.;
Grupo Simec; 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, S.A. de
C.V.; Simec International 6 S.A. de C.V.; Simec International 7 S.A.
de C.V.; and Simec International 9 S.A. de C.V.) into the single
entity ``Grupo Simec.'' See, e.g., Steel Concrete Reinforcing Bar
from Mexico: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2019-2020, 87 FR 34848
(June 8, 2022). Additionally, Commerce has preliminarily determined
that Deacero, Ingetek, ANSA and Company A should be collapsed and
treated as a single entity, collectively Deacero Group. See
Memorandum, ``Decision Memorandum for the Preliminary Results of the
Administrative Review on the Antidumping Duty Order of Steel
Concrete Reinforcing Bar from Mexico; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum) at ``Affiliation and Collapsing.''
\5\ See Memorandum, ``Respondent Selection,'' dated January 26,
2022.
---------------------------------------------------------------------------
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.
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 topics discussed in the Preliminary
Decision Memorandum is included as an appendix to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not identify the dumping
margin to apply to respondents not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of
[[Page 75033]]
the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the dumping
margin for respondents that are not individually examined in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins for individually-examined respondents, excluding
dumping margins that are zero, de minimis, or based entirely on facts
available. Where the dumping margins for individually examined
respondents are all zero, de minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act provides that Commerce may
use ``any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' For the
mandatory respondents, Deacero Group and Acerero, we preliminarily
calculated dumping margins of 3.05 percent and 16.28 percent,
respectively, and we have assigned to the non-selected companies a rate
of 6.35 percent, which is the weighted average of Deacero Group and
Acerero's margins based on publicly ranged data. For additional
information, see the Preliminary Decision Memorandum at ``Rates for
Non-Selected Companies.''
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V./Ingeteknos Estructurales, S.A. de 3.05
C.V./Aceros Nacionales, S.A. de C.V./Company A.............
Grupo Acerero S.A. de C.V................................... 16.28
ArcelorMittal Mexico SA de CV............................... 6.35
Grupo Simec/Aceros Especiales Simec Tlaxcala, S.A. de C.V./ 6.35
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, S.A. de C.V./Simec International 6 S.A. de
C.V./Simec International 7 S.A. de C.V./Simec International
9 S.A. de C.V.)............................................
Sidertul S.A. de C.V........................................ 6.35
------------------------------------------------------------------------
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.\6\ A timeline for the
submission of case briefs and written comments will be provided to
interested parties at a later date. 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.\7\ 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.\8\ Case and rebuttal briefs
should be filed using ACCESS \9\ and must be served on interested
parties.\10\ Executive Summaries should be limited to five pages total,
including footnotes. Note that Commerce has temporarily modified
certain of its requirements for service documents containing business
proprietary information, until further notice.\11\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See generally 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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.
Eastern Time within 30 days after the date of publication of this
notice.\12\ 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.\13\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
\13\ 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.\14\
---------------------------------------------------------------------------
\14\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for an individually examined respondent 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.'' \15\ For entries of subject merchandise
during the POR produced
[[Page 75034]]
by each respondent for which the producer did not know its merchandise
was destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company (or companies) involved in the transaction.\16\
---------------------------------------------------------------------------
\15\ 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).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section, above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\17\ 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).
---------------------------------------------------------------------------
\17\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 each company
listed above will be that 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
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.\18\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\18\ 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: November 30, 2022.
Lisa W. Wang,
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. Affiliation and Collapsing
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2022-26559 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DS-P
