Steel Concrete Reinforcing Bar From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021, 48792-48793 [2023-16033]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48792-48793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16033]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Amended Final 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) is amending the 
final results of the administrative review of the antidumping duty 
order on steel concrete reinforcing bar (rebar) from Mexico to correct 
a ministerial error. The period of review is November 1, 2020, through 
October 31, 2021.

DATES: Applicable July 28, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-5449.

SUPPLEMENTARY INFORMATION: 

Background

    On June 9, 2023, Commerce published the final results of the 2020-
2021 administrative review of rebar from Mexico.\1\ Additionally, on 
June 9, 2023, Commerce informed interested parties that it had 
disclosed all calculations for the Final Results and provided them with 
the opportunity to submit ministerial error comments.\2\ Subsequently, 
on June 14, 2023, Commerce received a timely-filed allegation from the 
Rebar Trade Action Coalition and its individual members (collectively, 
the petitioner), regarding the calculation of the final weighted-
average dumping margin for Deacero S.A.P.I. de C.V. (Deacero)/
Ingeteknos Estructurales, S.A. de C.V. (Ingetek) (collectively, Deacero 
Group).\3\ No other interested party submitted comments.
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    \1\ See Steel Concrete Reinforcing Bar from Mexico: Final 
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 
37849 (June 9, 2023) (Final Results), and accompanying Issues and 
Decision Memorandum.
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments,'' 
dated June 9, 2023.
    \3\ See Petitioner's Letter, ``Ministerial Error Comments on 
Deacero's Final Margin Calculations,'' dated June 14, 2023.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors 
in addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . .''.

Ministerial Error

    The petitioner alleges that, in the final results of the review, 
Commerce made inadvertent errors with respect to the treatment of 
Ingetek's home market sales databases, and with respect to the 
treatment of missing payment dates that were factored into the 
calculation of U.S. credit expenses, which it claims resulted in an 
incorrect weighted-average dumping margin calculated for Deacero Group.
    We have analyzed the allegations and find that the petitioner made 
a timely allegation concerning a ministerial error within the meaning 
of section 751(h) of the Act and 19 CFR 351.224(f) pertaining to use of 
Ingetek's home market sales dabases, but that the petitioner's 
allegation alleging a ministerial error in calculating U.S. credit 
expenses is untimely.
    Accordingly, we have revised the margin calculations such that 
normal value is based on the intended treatment of Deacero Group's home 
market sales, but have made no modification to our calculation of U.S. 
credit expenses.
    Details of Commerce's analysis of the petitioner's ministerial 
error allegations are included in the Ministerial Error Allegation 
Memorandum.\4\ The Ministerial Error Allegation Memorandum is a public 
document and is available 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.
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    \4\ See Memorandum, ``Ministerial Error Allegation,'' dated 
concurrently with this notice (Ministerial Error Allegation 
Memorandum).
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    Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending 
the Final Results to reflect the correction of this ministerial error 
in the calculation of the weighted-average dumping margin for Deacero 
Group, which changes from 2.30 percent to 2.49 percent.\5\ Furthermore, 
we are amending the weighted-average dumping margin for the companies 
not selected for individual examination in this review. The weighted-
average dumping margin for the non-examined companies is based on the 
weighted-average dumping margins calculated for the mandatory 
respondents, Deacero Group and Grupo Acerero S.A. de C.V. (Acerero), 
which changes from 5.78 percent to 5.93 percent.\6\
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    \5\ Id.
    \6\ See Memorandum, ``Amended Non-Examined Company Rate 
Calculation,'' dated concurrently with this notice.
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Amended Final Results of Review

    As a result of correcting the ministerial error, Commerce 
determines that the following weighted-average dumping margins exist 
for the period November 1, 2020, through October 31, 2021:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Deacero S.A.P.I. de C.V./Ingeteknos Estructurales,                  2.49
 S.A. de C.V........................................
Grupo Acerero S.A. de C.V.\7\.......................               16.28
ArcelorMittal Mexico SA de CV.......................                5.93

[[Page 48793]]

 
Grupo Simec/Aceros Especiales Simec Tlaxcala, S.A.                  5.93
 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, 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.....
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Disclosure

    We will disclose the calculations performed for these amended final 
results to parties to this segment of the proceeding within five days 
of the date of the publication of these amended final results, pursuant 
to 19 CFR 351.224(b).
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    \7\ The weighted-average dumping margin for Acerero remains 
unchanged from the Final Results. See Final Results, 88 FR at 37850.
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Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), for Deacero Group and 
Acerero, we calculated importer-specific ad valorem antidumping duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales for each importer to the total 
entered value of the sales for each importer. Where an importer-
specific antidumping duty assessment rate is zero or de minimis, within 
the meaning of 19 CFR 351.106(c)(1), Commerce will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise made during the period of review produced by either 
Deacero Group or Acerero for which the examined company did not know 
that the merchandise that it sold to the intermediary company (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate such 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted-average 
dumping margin determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the amended 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 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after June 9, 
2023, the date of publication of the Final Results of this 
administrative review. As provided for by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for the companies listed above will be 
equal to the weighted-average dumping margin established in these 
amended final results of review; (2) for exporters not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding; (3) if the 
exporter is not a firm covered in this review or another completed 
segment of this proceeding, but the producer is, then 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) 
if neither the exporter nor the producer is a firm covered in this or 
any previously completed segment of this proceeding, then the cash 
deposit rate will be the all-others rate of 20.58 percent established 
in the less-than-fair-value investigation.\9\
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    \9\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping 
Duty Order, 79 FR 65925 (November 6, 2014).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the period of review. Failure to comply with 
this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16033 Filed 7-27-23; 8:45 am]
BILLING CODE 3510-DS-P