Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2021-2022, 40467-40469 [2024-10192]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Notices
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.15 Where the
individually-selected respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the companies listed in Appendix
II for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue these
rescission instructions to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register.16 If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for the companies listed in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
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 in
which they were reviewed; (3) if the
15 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (January 15,
2021).
VerDate Sep<11>2014
19:15 May 09, 2024
Jkt 262001
40467
exporter is not a firm covered in this
review, a prior review, or the original
investigation 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; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 2.02 percent, the all-others rate
established in the less-than-fair-value
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
2. Central Y Almacenes
3. Farina Group Spain
4. Friedrich Geldbach Gmbh
5. Grupo Cunado
6. Transglory S.A.
7. Tubacero, S.L.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Steel Concrete Reinforcing Bar From
Mexico: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
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 POR.
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
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i) of the
Act, and 19 CFR 351.221(b)(4).
Dated: May 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In
Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies for Which This Administrative
Review is Being Rescinded
1. Aleaciones De Metales Sinterizados S.A.
17 See
PO 00000
Order, 82 FR at 27230.
Frm 00011
Fmt 4703
Sfmt 4703
[FR Doc. 2024–10233 Filed 5–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
The U.S. Department of
Commerce (Commerce) determines that
sales of steel concrete reinforcing bar
(rebar) from Mexico were made at less
than normal value during the period of
review (POR), November 1, 2021,
through October 31, 2022.
DATES: Applicable May 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton 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) 482–0012 or (202) 482–5449,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 8, 2023, Commerce
published the Preliminary Results for
this review in the Federal Register and
invited interested parties to comment on
those results.1 The review covers five
companies, including two mandatory
respondents, 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. (Ingetek)
(collectively, Deacero Group), and
Acerero S.A. de C.V. (Acerero). From
January 5 to 10, 2024, interested parties
submitted case and rebuttal briefs.2 For
a complete summary of the events that
have occurred since Commerce
1 See Steel Concrete Reinforcing Bar from Mexico:
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 77079
(November 8, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Rebar Trade Action Coalition’s Letter,
‘‘RTAC’s Case Brief,’’ dated January 5, 2024; see
also Deacero Group’s Letter, ‘‘Case Brief,’’ dated
January 5, 2024; Gerdau Corsa, S.A.P.I. de C.V. and
Sidertul S.A. de C.V.’s Letter, ‘‘Letter in Lieu of
Case Brief of Gerdau Corsa, S.A.P.I. de C.V. and
Sidertul S.A. de C.V.,’’ dated January 5, 2024;
Acerero’s Letter, ‘‘Rebuttal Brief of Grupo Acerero
S.A. de C.V.,’’ dated January 10, 2024; and Deacero
Group’s Letter, ‘‘Rebuttal Brief,’’ dated January 10,
2024.
E:\FR\FM\10MYN1.SGM
10MYN1
40468
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Notices
published the Preliminary Results, as
well as a full discussion of the issues
raised by parties for these final results,
see the Issues and Decision
Memorandum.3 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 4
The product covered by the Order is
rebar from Mexico. For a complete
description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margins calculated for Deacero Group
and Acerero. For a detailed discussion
of these changes, see the Issues and
Decision Memorandum.5
Rate for Non-Individually Examined
Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to apply to companies 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
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which not selected for
individual examination in an
administrative review.
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 rates that are
zero, de minimis (i.e., less than 0.5
percent), or determined entirely on the
basis of facts available.
For these final results of review, we
calculated weighted-average dumping
margins for both respondents, Deacero
Group and Acerero, that are not zero, de
minimis, or based entirely on the basis
of facts available. Accordingly,
consistent with section 735(c)(5)(A) of
the Act, we determined the weightedaverage dumping margin for each of the
non-selected companies based on the
weighted-average dumping margins
calculated for the mandatory
respondents.6
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period August 1,
2021, through July 31, 2022:
Weightedaverage
dumping
margin
(percent)
Exporter or 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 ............................................................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
Commerce intends to disclose the
calculations performed for these final
results to interested parties in this
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
3 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Mexico: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
19:15 May 09, 2024
Jkt 262001
1.16
6.21
2.11
2.11
2.11
appropriate entries of subject
merchandise covered by this review. In
accordance with 19 CFR 351.212(b)(1),
where the respondents reported the
entered value of their U.S. sales,
Commerce calculated importer-specific
ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for each importer’s examined sales to
the total entered value of those same
sales. Where the respondents did not
report entered value, we calculated 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 calculated 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,
within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
4 See Steel Concrete Reinforcing Bar from Mexico:
Antidumping Duty Order, 79 FR 65925 (November
6, 2014) (Order).
5 Id.
6 See Memorandum, ‘‘Final Results of the
Antidumping Duty Administrative Review of Steel
Concrete Reinforcing Bar from Mexico: Calculation
of the Rate for Non-Selected Respondents,’’ dated
concurrently with this notice.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
E:\FR\FM\10MYN1.SGM
10MYN1
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Notices
appropriate entries without regard to
antidumping duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR for which
the examined companies did not know
that the merchandise they sold to an
intermediary (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.
The assessment rate for antidumping
duties for each of the companies not
selected for individual examination will
be equal to the weighted-average
dumping margin identified above in the
‘‘Final Results of Review’’ section.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.7
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).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies
identified above in the ‘‘Final Results of
Review’’ will be equal to the companyspecific weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this administrative review
but covered in a completed prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or
completed prior segment of this
proceeding but the producer is, the cash
deposit rate will be the companyspecific rate established for the most
recently-completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 20.58
7 See
section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
19:15 May 09, 2024
Jkt 262001
percent, the rate established in the
investigation of this proceeding.8
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the term of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: May 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether Commerce Should
Reallocate Acerero’s Advertising
Expenses as Indirect Selling Expenses
Comment 2: Whether to Apply Adverse
Facts Available (AFA) to Certain Acerero
Sales
Comment 3: Whether Commerce Should
Deny Acerero’s Claimed Home Market
Billing Adjustments
8 See
PO 00000
Order, 79 FR at 65926.
Frm 00013
Fmt 4703
Sfmt 4703
40469
Comment 4: Whether Commerce Should
Modify its Affiliate Scrap Purchase
Calculations
Comment 5: Whether Commerce Should
Collapse Certain Companies with
Deacero Group
Comment 6: Whether Commerce Should
Allocate Certain Costs Across Deacero
Group’s Steel Production
Comment 7: Whether Commerce Should
Correct the Deacero Group Affiliate
Scrap Purchases Cost Adjustment
Comment 8: Whether Commerce Should
Revise the Manufacturer Field Format
Comment 9: Whether Commerce Should
Correct Deacero Group’s Short-Term
Borrowing Rates
Comment 10: Whether Commerce
Incorrectly Treated Home Market
Warranty Expenses as Indirect Selling
Expenses
VI. Recommendation
[FR Doc. 2024–10192 Filed 5–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Construction Safety Team
Advisory Committee Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Construction
Safety Team (NCST) Advisory
Committee (Committee) will hold a
virtual meeting via web conference on
Thursday, September 12, 2024, from
8:30 a.m. to 5:00 p.m. Eastern Time. The
primary purposes of this meeting are to
update the Committee on the progress of
the NCST investigation focused on the
impacts of Hurricane Maria in Puerto
Rico, and on the progress of the NCST
investigation focused on the Champlain
Towers South partial building collapse
that occurred in Surfside, Florida. The
final agenda will be posted on the NIST
website at https://www.nist.gov/topics/
disaster-failure-studies/nationalconstruction-safety-team-ncst/advisorycommittee-meetings.
DATES: The NCST Advisory Committee
will meet on Thursday, September 12,
2024, from 8:30 a.m. to 5:00 p.m.
Eastern Time. The meeting will be open
to the public.
ADDRESSES: The meeting will be held
via web conference. For instructions on
how to participate in the meeting,
please see the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Tanya Brown-Giammanco, Disaster and
Failure Studies Program, Engineering
SUMMARY:
E:\FR\FM\10MYN1.SGM
10MYN1
]]>Agencies
[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40467-40469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10192]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Final Results of
Antidumping Duty Administrative Review; 2021-2022
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of steel concrete reinforcing bar (rebar) from Mexico were made
at less than normal value during the period of review (POR), November
1, 2021, through October 31, 2022.
DATES: Applicable May 10, 2024.
FOR FURTHER INFORMATION CONTACT: Patrick Barton 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) 482-0012 or (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 8, 2023, Commerce published the Preliminary Results for
this review in the Federal Register and invited interested parties to
comment on those results.\1\ The review covers five companies,
including two mandatory respondents, 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.
(Ingetek) (collectively, Deacero Group), and Acerero S.A. de C.V.
(Acerero). From January 5 to 10, 2024, interested parties submitted
case and rebuttal briefs.\2\ For a complete summary of the events that
have occurred since Commerce
[[Page 40468]]
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
77079 (November 8, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Rebar Trade Action Coalition's Letter, ``RTAC's Case
Brief,'' dated January 5, 2024; see also Deacero Group's Letter,
``Case Brief,'' dated January 5, 2024; Gerdau Corsa, S.A.P.I. de
C.V. and Sidertul S.A. de C.V.'s Letter, ``Letter in Lieu of Case
Brief of Gerdau Corsa, S.A.P.I. de C.V. and Sidertul S.A. de C.V.,''
dated January 5, 2024; Acerero's Letter, ``Rebuttal Brief of Grupo
Acerero S.A. de C.V.,'' dated January 10, 2024; and Deacero Group's
Letter, ``Rebuttal Brief,'' dated January 10, 2024.
\3\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Steel Concrete Reinforcing Bar from Mexico: Antidumping
Duty Order, 79 FR 65925 (November 6, 2014) (Order).
---------------------------------------------------------------------------
The product covered by the Order is rebar from Mexico. For a
complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margins calculated
for Deacero Group and Acerero. For a detailed discussion of these
changes, see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to apply to companies 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 the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which not selected for
individual examination in an administrative review.
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 rates that are zero, de
minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
For these final results of review, we calculated weighted-average
dumping margins for both respondents, Deacero Group and Acerero, that
are not zero, de minimis, or based entirely on the basis of facts
available. Accordingly, consistent with section 735(c)(5)(A) of the
Act, we determined the weighted-average dumping margin for each of the
non-selected companies based on the weighted-average dumping margins
calculated for the mandatory respondents.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Final Results of the Antidumping Duty
Administrative Review of Steel Concrete Reinforcing Bar from Mexico:
Calculation of the Rate for Non-Selected Respondents,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V./I.N.G.E.T.E.K.N.O.S. 1.16
Estructurales, S.A. de C.V.............................
Grupo Acerero S.A. de C.V............................... 6.21
Grupo Simec S.A.B. de C.V./Aceros Especiales Simec 2.11
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........................... 2.11
Sidertul S.A. de C.V.................................... 2.11
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review within five days of
the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review. In accordance
with 19 CFR 351.212(b)(1), where the respondents reported the entered
value of their U.S. sales, Commerce calculated importer-specific ad
valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for each importer's examined sales
to the total entered value of those same sales. Where the respondents
did not report entered value, we calculated 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 calculated 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, within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
[[Page 40469]]
appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (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.
The assessment rate for antidumping duties for each of the
companies not selected for individual examination will be equal to the
weighted-average dumping margin identified above in the ``Final Results
of Review'' section.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\7\
---------------------------------------------------------------------------
\7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of the final results of this
review in the Federal Register, in accordance with 19 CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the companies
identified above in the ``Final Results of Review'' will be equal to
the company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific rate established for the most recently-
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 20.58 percent, the rate established in
the investigation of this proceeding.\8\
---------------------------------------------------------------------------
\8\ See Order, 79 FR at 65926.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the term of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: May 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether Commerce Should Reallocate Acerero's
Advertising Expenses as Indirect Selling Expenses
Comment 2: Whether to Apply Adverse Facts Available (AFA) to
Certain Acerero Sales
Comment 3: Whether Commerce Should Deny Acerero's Claimed Home
Market Billing Adjustments
Comment 4: Whether Commerce Should Modify its Affiliate Scrap
Purchase Calculations
Comment 5: Whether Commerce Should Collapse Certain Companies
with Deacero Group
Comment 6: Whether Commerce Should Allocate Certain Costs Across
Deacero Group's Steel Production
Comment 7: Whether Commerce Should Correct the Deacero Group
Affiliate Scrap Purchases Cost Adjustment
Comment 8: Whether Commerce Should Revise the Manufacturer Field
Format
Comment 9: Whether Commerce Should Correct Deacero Group's
Short-Term Borrowing Rates
Comment 10: Whether Commerce Incorrectly Treated Home Market
Warranty Expenses as Indirect Selling Expenses
VI. Recommendation
[FR Doc. 2024-10192 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-DS-P
