Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 77079-77081 [2023-24666]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices
matters related to the collection,
tabulation, and analysis of federal
economic statistics. The Committee is
established in accordance with the
Federal Advisory Committee Act (5
U.S.C. app. 2).
The Committee aims to have a
balanced representation among its
members, considering such factors as
geography, age, sex, race, ethnicity,
technical expertise, community
involvement, and knowledge of
programs and/or activities related to
FESAC. Individual members are
selected based on their expertise in or
representation of specific areas as
needed by FESAC.
This meeting is open to the public
and is accessible to people with
disabilities. Requests for foreign
language interpretation, other auxiliary
aids, or persons with extensive
questions or statements should be
directed to Gianna Marrone at
gianna.marrone@bea.gov by December
1, 2023.
Authority: Federal Advisory
Committee Act (FACA), as amended, 5
U.S.C., app.
Dated: November 2, 2023.
Sabrina Montes,
Designated Federal Officer, Bureau of
Economic Analysis.
[FR Doc. 2023–24617 Filed 11–7–23; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers and/or
subject to this administrative review
sold steel concrete reinforcing bar
(rebar) from Mexico at less than normal
value during the period of review (POR)
November 1, 2021, through October 31,
2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 8, 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.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
16:54 Nov 07, 2023
Jkt 262001
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce
published in the Federal Register the
antidumping duty order on rebar from
Mexico.1 On November 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request administrative reviews of the
Order.2 On January 3, 2023, based on
timely requests for review, in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order covering 20 companies.3 On
January 3, 2023, we selected Deacero
Group 4 and Grupo Acerero S.A. de C.V.
(Acerero) for individual examination as
the mandatory respondents in this
administrative review.5 Pursuant to
section 751(a)(3)(A) of the Act,
Commerce extended the deadline for the
preliminary results until November 3,
2023.6
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum.7 A list of topics included
in the Preliminary Decision
Memorandum is included in the
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
1 See Steel Concrete Reinforcing Bar from Mexico:
Antidumping Duty Order, 79 FR 65925 (November
6, 2014) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
3 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
4 Deacero Group consists of Deacero S.A.P.I. de
C.V. (Deacero); and I.N.G.E.T.E.K.N.O.S.
Estructurales, S.A. de C.V.. See Steel Concrete
Reinforcing Bar from Mexico: Final Results of
Antidumping Duty Administrative Review; 2020–
2021, 88 FR 37849 (June 9, 2023), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 4.
5 See Memoranda, ‘‘Respondent Selection,’’ dated
February 17, 2023; and ‘‘Additional Respondent
Selection,’’ dated February 22, 2023.
6 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated October 4,
2023.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Steel
Concrete Reinforcing Bar from Mexico; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
77079
the Preliminary Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is steel concrete reinforcing bar from
Mexico. The rebar subject to the Order
is currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7213.10.0000, 7214.20.0000,
7228.30.8010, 7215.90.1000,
7215.90.5000, 7221.00.0017,
7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and
7228.60.6000. While HTSUS
subheadings are provided for
convenience and Customs purposes, the
written description of the scope of the
Order is dispositive. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) 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.
Rate for Non-Selected Companies
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value (LTFV) investigation.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’ In this administrative
review, we calculated weighted-average
dumping margins for Deacero Group
and Acerero that are not zero, de
minimis, or based entirely on total facts
available. For the respondents that were
not selected for individual examination
in this administrative review, we have
assigned to them the weighted-average
dumping margins calculated for Deacero
Group and Acerero, consistent with the
E:\FR\FM\08NON1.SGM
08NON1
77080
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices
Preliminary Results of Review
guidance in section 735(c)(5)(B) of the
Act.8
We preliminarily determine the
following estimated weighted-average
dumping margins exist for the period
November 1, 2021, through October 31,
2022:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Deacero S.A.P.I. de C.V./I.N.G.E.T.E.K.N.O.S. Estructurales, S.A. de C.V ......................................................................................
Grupo Acerero S.A. de C.V .................................................................................................................................................................
Grupo Simec S.A.B. de C.V./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.) ...................................................................................................
Gerdau Corsa, S.A.P.I. de C.V ...........................................................................................................................................................
Sidertul S.A. de C.V ............................................................................................................................................................................
lotter on DSK11XQN23PROD with NOTICES1
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice in accordance with 19 CFR
351.224(b).
Interested parties will be notified of
the timeline for the submission of such
case briefs and written comments at a
later date. Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the
date for filing case briefs.9 Parties who
submit case 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.10 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, within 30 days of the date of
publication of this notice in the Federal
Register.11 Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
by telephone the date, time, and
8 See Preliminary Decision Memorandum at the
section, ‘‘Companies Not Selected For Individual
Examination’’; see also Memorandum, ‘‘Calculation
of the Rate for Respondents Not Selected for
Individual Examination,’’ dated concurrently with
this notice; and Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
VerDate Sep<11>2014
16:54 Nov 07, 2023
Jkt 262001
location of the hearing two days before
the scheduled date. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs.
All submissions to Commerce should
be filed using ACCESS.12 An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the date that the document is due. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).13
Final Results of Review
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register.14
Assessment Rates
Upon issuance of the final results of
this administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise.
For individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), we
will calculate importer-specific ad
9 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.303.
13 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
14 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
10 See
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
2.27
5.49
2.88
2.88
2.88
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those sales. To
determine whether an importer-specific,
per-unit assessment rate is de minimis,
in accordance with 19 CFR
351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based
on estimated entered values. Where
either a respondent’s weighted average
dumping margin is zero or de minimis,
or an importer-specific ad valorem
assessment rate is zero or de minimis,
we intend to instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.15
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which the producer did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate (20.58 percent) if there is no rate for
the intermediate company(ies) involved
in the transaction.16
For those companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at an
15 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
16 See Order, 73 FR at 45405; see also
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\08NON1.SGM
08NON1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices
ad valorem rate equal to the weightedaverage dumping margin determined for
the non-examined companies in the
final results of this review.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable. 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).
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
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 rate for each specific
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.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Appendix
Notification to Importers
This notice also 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
17 See Steel Concrete Reinforcing Bar from
Mexico: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 79 FR 54967 (September 15,
2014).
VerDate Sep<11>2014
16:54 Nov 07, 2023
Jkt 262001
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,
19 CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2023–24666 Filed 11–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD500]
Fisheries of the Gulf of Mexico and
South Atlantic; Southeast Data,
Assessment, and Review (SEDAR);
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 79 PreAssessment Webinar for Gulf of Mexico
and South Atlantic Mutton Snapper.
AGENCY:
The SEDAR 79 assessment
process of Gulf of Mexico and South
Atlantic mutton snapper will consist of
a Data Workshop, and a series of
assessment webinars, and a Review
Workshop. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR 79 Pre-Assessment
webinar will be held November 28,
2023, from 1 p.m. to 3 p.m., Eastern
Time. The established times may be
adjusted as necessary to accommodate
the timely completion of discussion
relevant to the assessment process. Such
adjustments may result in the meeting
being extended from or completed prior
to the time established by this notice.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
77081
to members of the public. Those
interested in participating should
contact Julie A. Neer at SEDAR (see FOR
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of each webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; (843) 571–
4366; email: Julie.neer@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data
Workshop, (2) a series of assessment
webinars, and (3) A Review Workshop.
The product of the Data Workshop is a
report that compiles and evaluates
potential datasets and recommends
which datasets are appropriate for
assessment analyses. The assessment
webinars produce a report that describes
the fisheries, evaluates the status of the
stock, estimates biological benchmarks,
projects future population conditions,
and recommends research and
monitoring needs. The product of the
Review Workshop is an Assessment
Summary documenting panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
HMS Management Division, and
Southeast Fisheries Science Center.
Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
The items of discussion during the
webinar are as follows: Panelists will
review the data sets being considered
for the assessment and discuss initial
assessment modeling issues.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Pages 77079-77081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24666]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Preliminary Results
of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers and/or subject to this administrative review
sold steel concrete reinforcing bar (rebar) from Mexico at less than
normal value during the period of review (POR) November 1, 2021,
through October 31, 2022. We invite interested parties to comment on
these preliminary results.
DATES: Applicable November 8, 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 November 6, 2014, Commerce published in the Federal Register the
antidumping duty order on rebar from Mexico.\1\ On November 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request administrative reviews of the Order.\2\ On January 3, 2023,
based on timely requests for review, in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order covering 20 companies.\3\ On January 3, 2023, we selected Deacero
Group \4\ and Grupo Acerero S.A. de C.V. (Acerero) for individual
examination as the mandatory respondents in this administrative
review.\5\ Pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the preliminary results until November 3,
2023.\6\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping
Duty Order, 79 FR 65925 (November 6, 2014) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\4\ Deacero Group consists of Deacero S.A.P.I. de C.V.
(Deacero); and I.N.G.E.T.E.K.N.O.S. Estructurales, S.A. de C.V.. See
Steel Concrete Reinforcing Bar from Mexico: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 88 FR 37849 (June
9, 2023), and accompanying Issues and Decision Memorandum (IDM) at
Comment 4.
\5\ See Memoranda, ``Respondent Selection,'' dated February 17,
2023; and ``Additional Respondent Selection,'' dated February 22,
2023.
\6\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated October 4, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\7\ A
list of topics included in the Preliminary Decision Memorandum is
included in the 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.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Steel Concrete Reinforcing Bar from Mexico; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is steel concrete reinforcing
bar from Mexico. The rebar subject to the Order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7213.10.0000, 7214.20.0000, 7228.30.8010, 7215.90.1000,
7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and 7228.60.6000. While HTSUS subheadings
are provided for convenience and Customs purposes, the written
description of the scope of the Order is dispositive. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) 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.
Rate for Non-Selected Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair-value (LTFV) investigation. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' In this
administrative review, we calculated weighted-average dumping margins
for Deacero Group and Acerero that are not zero, de minimis, or based
entirely on total facts available. For the respondents that were not
selected for individual examination in this administrative review, we
have assigned to them the weighted-average dumping margins calculated
for Deacero Group and Acerero, consistent with the
[[Page 77080]]
guidance in section 735(c)(5)(B) of the Act.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at the section,
``Companies Not Selected For Individual Examination''; see also
Memorandum, ``Calculation of the Rate for Respondents Not Selected
for Individual Examination,'' dated concurrently with this notice;
and Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period November 1, 2021, through October
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V./I.N.G.E.T.E.K.N.O.S. 2.27
Estructurales, S.A. de C.V.............................
Grupo Acerero S.A. de C.V............................... 5.49
Grupo Simec S.A.B. de C.V./Aceros Especiales Simec 2.88
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, 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.)............
Gerdau Corsa, S.A.P.I. de C.V........................... 2.88
Sidertul S.A. de C.V.................................... 2.88
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Interested parties will be notified of the timeline for the
submission of such case briefs and written comments at a later date.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the date for filing case briefs.\9\
Parties who submit case 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.\10\ Executive summaries should be limited to five pages
total, including footnotes.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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, within 30 days of the date
of publication of this notice in the Federal Register.\11\ Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues parties intend
to discuss. If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
All submissions to Commerce should be filed using ACCESS.\12\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the date that the
document is due. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.303.
\13\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal
Register.\14\
---------------------------------------------------------------------------
\14\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise.
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). If the
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer-specific ad valorem assessment rate is zero
or de minimis, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\15\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate (20.58
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\16\
---------------------------------------------------------------------------
\16\ See Order, 73 FR at 45405; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an
[[Page 77081]]
ad valorem rate equal to the weighted-average dumping margin determined
for the non-examined companies in the final results of this review.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review where applicable. 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 rate for each specific
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.\17\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\17\ 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 also 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, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: November 1, 2023.
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 Single Entity Treatment
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2023-24666 Filed 11-7-23; 8:45 am]
BILLING CODE 3510-DS-P
