Steel Concrete Reinforcing Bar From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 95176-95179 [2024-28154]

Download as PDF 95176 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices ceramic tile manufactured or exported by Cayenne and Foshan Qiangshengda, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i).4 On August 5, 2024, we placed on the record U.S. Customs and Border Protection (CBP) data for entries of ceramic tile from China during the POR, showing no reviewable POR entries, and invited interested parties to comment.5 On August 12, 2024, the Coalition for Fair Trade in Ceramic Tile (petitioner) submitted comments to Commerce regarding the CBP data, requesting that Commerce rescind the administrative review.6 Additionally, on August 20, 2024, Commerce notified all interested parties of its intent to rescind this administrative review in full because there were no reviewable, suspended entries of subject merchandise by the company listed in the Initiation Notice during the POR and invited interested parties to comment.7 On August 27, 2024, the petitioner submitted comments to Commerce regarding the intent to rescind the instant review, again requesting that Commerce rescind the review.8 ddrumheller on DSK120RN23PROD with NOTICES1 Rescission of Review Pursuant to 19 CFR 351.213(d)(3), it is Commerce’s practice to rescind an administrative review of an AD order when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.9 Normally, upon completion of an administrative review, the suspended entries are liquidated at the AD assessment rate calculated for the review period.10 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 60871 (July 29, 2024) (Initiation Notice). 5 See Memorandum, ‘‘U.S. Customs and Border Protection Data,’’ dated August 5, 2024. 6 See Petitioner’s Letter, ‘‘Comments on U.S. Customs and Border Protection Data,’’ dated August 12, 2024. 7 See Memorandum, ‘‘Notice of Intent to Rescind Review,’’ dated August 20, 2024. 8 See Petitioner’s Letter, ‘‘Petitioner’s Comments on Notice of Intent to Rescind Review,’’ dated August 27, 2024. 9 See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021–2022, 88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020–2021, 88 FR 4157 (January 24, 2023), and Lightweight Thermal Paper From Japan: Rescission of Antidumping Administrative Review; 2022–2023, 89 FR 18373 (March 13, 2024). 10 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 to liquidate at the AD assessment rate calculated for the review period.11 As noted above, there were no entries of subject merchandise for the companies listed in the Initiation Notice during the POR. Accordingly, in the absence of suspended entries of subject merchandise during the POR, we are hereby rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3). Assessment Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). 11 See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 380 F. Supp. 3d 1328, 1335–36 (CIT 2019), at 12 (referring to section 751(a) of the Act, the CIT held: ‘‘While the statute does not explicitly require that an entry be suspended as a prerequisite for establishing entitlement to a review, it does explicitly state the determined rate will be used as the liquidation rate for the reviewed entries. This result can only obtain if the liquidation of entries has been suspended. . . . ’’; see also Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 86 FR 36102, and accompanying Issues and Decision Memorandum at Comment 4; and Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012) (noting that ‘‘for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate’’). Frm 00009 [FR Doc. 2024–28156 Filed 11–29–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–844] Commerce will instruct CBP to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register. PO 00000 Dated: November 25, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Fmt 4703 Sfmt 4703 Steel Concrete Reinforcing Bar From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022– 2023 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) and I.N.G.E.T.E.K.N.O.S. Estructurales, S.A. de C.V. (Ingetek) (collectively, Deacero Group); and TA 2000 S.A. de C.V. (TA 2000) sold steel concrete reinforcing bar (rebar) from Mexico at less than normal value during the period of review (POR), November 1, 2022, through October 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results. DATES: Applicable December 2, 2024. FOR FURTHER INFORMATION CONTACT: Kyle Clahane or T.J. Worthington, 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 or (202) 482–4567, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On November 6, 2014, Commerce published in the Federal Register the antidumping duty (AD) order on rebar from Mexico.1 On November 2, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On December 29, 2023, pursuant to section 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, 88 FR 75270 (November 2, 2023). E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order covering eleven companies.3 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.4 On July 29, 2024, Commerce extended the deadline for the preliminary results until November 22, 2024.5 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.6 A list of topics discussed in the Preliminary Decision Memorandum is attached as Appendix I 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. Scope of the Order The product covered by this Order is rebar from Mexico. For a full description of the scope of the Order, see the Preliminary Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Rescission of Review, In Part As noted above, we initiated this review with respect to 11 companies.7 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation Notice). 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated July 29, 2024. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the of the Administrative Review of the Antidumping Duty Order: Steel Concrete Reinforcing Bar from Mexico; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See Initiation Notice, 88 FR at 90170- 90171. Commerce previously found Deacero and Ingetek to be affiliated, and we continue to treat them as a single entity. See Steel Concrete Reinforcing Bar from Mexico: Final Results of Antidumping Duty Administrative Review; 2020–2021, 88 FR 37849 (June 9, 2023) (Rebar from Mexico AR 2020–2021 Final), and accompanying Issues and Decision Memorandum (IDM) at Comment 3. Therefore, they were listed together in the Initiation Notice. Separately, Commerce has previously collapsed Grupo Simec S.A.B. de C.V.; Aceros Especiales Simec Tlaxcala, 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.; Siderurgicos Noroeste, S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec International 7, S.A. de C.V.; and Simec International, S.A. de C.V. VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 During the course of the review, we selected two mandatory respondents, which included three of the named companies.8 As a consequence, there are eight companies upon which a review was requested and which were not selected for individual examination. Commerce received a timely withdrawal request within 90 days of the date of publication of the Initiation Notice with respect to Gerdau Corsa S.A.P.I. de C.V. (Gerdau Corsa).9 No other party requested a review of this company. As a result, Commerce is rescinding this review, in part, with respect to Gerdau Corsa in accordance with 19 CFR 351.213(d)(1).10 In addition, pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, eight companies listed in the Initiation Notice had no entries of subject merchandise during the POR, including one of which had all its requests for review timely withdrawn (i.e., Gerdau Corsa) and seven that remain subject to a review request. On March 26, 2024, we notified parties of our intent to rescind this administrative review with respect to the companies that had no reviewable suspended entries during the POR.11 No party to the proceeding provided comments on our Intent to Rescind Memorandum. As a result, we are rescinding this review, in part, with respect to the remaining seven companies which had no entries in the POR.12 Accordingly, the companies that into the single entity ‘‘Grupo Simec.’’ Therefore, they were listed together in the Initiation Notice. See Rebar from Mexico AR 2020–2021 Final IDM at Comment 3; see also Steel Concrete Reinforcing Bar from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 63622 (December 11, 2018), and accompanying memorandum, ‘‘Affiliation and Collapsing Memorandum for the Grupo Simec,’’ dated December 3, 2018, unchanged in Steel Concrete Reinforcing Bar from Mexico: Final Results of Antidumping Duty Administrative Review; 2016– 2017, 84 FR 35599 (July 24, 2019). 8 See Memorandum, ‘‘Respondent Selection,’’ dated March 1, 2024. As discussed below in the ‘‘Preliminary Successor-in-Interest Determination’’ section below, Commerce has preliminarily determined that TA 2000 is the successor-ininterest to Talleres y Aceros S.A. de C.V. (TYASA). 9 See Gerdau Corsa’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated January 25, 2024. 10 See Appendix II. 11 See Memorandum, ‘‘Notice of Intent to Rescind Review, In Part,’’ dated March 26, 2024 (Intent to Rescind Memorandum). 12 See Appendix II. As explained above, in accordance with 19 CFR 351.213(d)(1), Commerce is also rescinding this review, in part, with respect to Gerdau Corsa based on receiving a timely withdrawal request. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 95177 remain subject to the instant review are Deacero Group and TA 2000. Preliminary Successor-in-Interest Determination Commerce initiated this administrative review with respect to eleven companies, including TA 2000 and TYASA.13 TA 2000 reported that the company was formerly named TYASA, and continues to market and sell merchandise under the TYASA brand name.14 We requested additional information, which TA 2000 submitted in response to a supplemental questionnaire.15 We have analyzed record information regarding changes in TYASA’s management, manufacturing facilities, customers, and suppliers, and preliminarily determine that TA 2000 is the successor-in-interest to TYASA. Accordingly, we have treated TYASA and TA 2000 as the same company in our analysis in this review. See the Preliminary Decision Memorandum for further information. Should our preliminary successor-in-interest determination remain unchanged in the final results of review, we will instruct CBP to apply the assessment rates that we calculated for TA 2000 to POR entries of subject merchandise from both TA 2000 and TYASA. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. 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 conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins exist for the period November 1, 2022, through October 31, 2023: Producer/exporter Deacero S.A.P.I. de C.V./ I.N.G.E.T.E.K.N.O.S. Estructurales S.A ..................................................... TA 2000 S.A. de C.V. 16 ........................ 13 See Weightedaverage dumping margin (percent) 8.88 22.27 Initiation Notice, 88 FR at 90171. Preliminary Decision Memorandum (citing TA 2000’s Letter, ‘‘Section A Response,’’ dated April 25, 2024, at 1). 15 See Preliminary Decision Memorandum (citing Commerce’s Letter, ‘‘Supplemental Questionnaire for TA 2000,’’ dated August 21, 2024, and TA 2000’s Letter, ‘‘Supplemental Response,’’ dated September 23, 2024). 14 See E:\FR\FM\02DEN1.SGM 02DEN1 95178 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).17 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.18 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.19 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and, (2) a table of authorities.20 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.21 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).22 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, U.S. Department of Commerce, using Enforcement and Compliance’s ACCESS system within 30 16 As discussed in further detail in the Preliminary Decision Memorandum, we preliminarily determine that TA 2000 is the successor-in-interest to Talleres y Aceros S.A. de C.V. 17 See 19 CFR 351.224(b). 18 See 19 CFR 351.309(c)(1)(ii). 19 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Procedures). 20 See 19 CFR 351.309(c)(2) and (d)(2). 21 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 22 See APO and Service Procedures. VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 days of publication of this notice. Requests should contain (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the case and rebuttal briefs. If a request for a hearing is made, we will inform parties of the scheduled date and location for the hearing at a time to be determined.23 Parties should confirm by telephone the date, time, and location of the hearing no fewer than two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their case briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by 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 and for future deposits of estimated duties, where applicable.24 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). If the respective weighted-average dumping margins are above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate importerspecific ad valorem AD 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).25 If the respondent has not reported entered values, we will calculate a per-unit 23 See 19 CFR 351.310. section 751(a)(2)(C) of the Act. 25 In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 24 See PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate calculated in the final results of this review is above de minimis (i.e., 0.50 percent). Where either the respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by the respondents for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate entries not reviewed at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For the companies for which the administrative review is rescinded, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of the final results of the administrative review for all shipments of rebar from Mexico entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results, as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for each company listed above will be equal to the dumping margins established in the final results of this review, except if the ultimate rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for merchandise exported by producers or exporters not covered in this administrative 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 the producer or exporter participated; (3) if the 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 E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 20.58 percent, the all-others rate established in the AD investigation.26 These cash deposit requirements, when imposed, shall remain in effect until further notice. 7. Siderurgica del Occidente y Pacifico S.A. de C.V. 8. Simec International 9 S.A. de C.V. 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. [A–570–090] Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2) and 351.221(b)(4). Dated: November 22, 2024. Abdelali Elouaradia, Deputy 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 Review, In Part V. Preliminary Successor-in-Interest Determination VI. Affiliation and Single Entity Treatment VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation ddrumheller on DSK120RN23PROD with NOTICES1 Appendix II Companies Rescinded From Administrative Review 1. Compania Siderurgica del Pacifico S.A. de C.V. 2. Gerdau Corsa, S.A.P.I. de C.V. 3. Grupo Acerero S.A. de C.V. 4. Grupo Simec S.A.B. de C.V.; Aceros Especiales Simec Tlaxcala, 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.; Siderurgicos Noroeste, S.A. de C.V.; Simec International 6 S.A. de C.V.; Simec International 7, S.A. de C.V.; Simec International, S.A. de C.V. 5. RRLC S.A.P.I. de C.V. 6. Sidertul S.A. de C.V. 26 See Order, 79 FR at 65926. VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 [FR Doc. 2024–28154 Filed 11–29–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain steel wheels 12 to 16.5 inches in diameter (steel wheels) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable December 2, 2024. FOR FURTHER INFORMATION CONTACT: Kate Fracke, 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) 482–3299. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 3, 2019, Commerce published the AD order on steel wheels from China.1 On August 1, 2024, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 16, 2024, Commerce received a notice of intent to participate in this review from the Dexstar Wheel Division of Americana Development (Dexstar) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Dexstar claimed interested party status under section 771(9)(c) of the Act and 19 CFR 1 See Certain Steel Trailer Wheels 12 to 16.5 Inches from the People’s Republic of China: Antidumping Duty and Countervailing Duty Orders, 84 FR 45952 (September 3, 2019) (Order). 2 See Initiation of Five-Year (Sunset) Review, 89 FR 62717 (August 1, 2024). 3 See Dexstar’s Letter, ‘‘Notice of Intent to Participate in the First Five-Year Review,’’ dated August 16, 2024. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 95179 351.102(b)(17) as a producer of a domestic like product in the United States.4 On August 30, 2024, Commerce received an adequate substantive response from Dexstar.5 We received no substantive responses from any other interested parties, nor was a hearing requested. On September 24, 2024, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The scope of the Order covers certain steel trailer wheels with a nominal wheel diameter of 12 to 16.5 inches, regardless of width. For a full description of the scope, see the Issues and Decision Memorandum.7 Analysis of Comments Received A complete discussion of all issues raised in this sunset review is contained in the accompanying Issues and Decision Memorandum.8 A list of topics discussed in the Issues and Decision Memorandum is included as an 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. Final Results of Sunset Review Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the dumping 4 Id. 5 See Dexstar’s Letter, ‘‘Petitioner’s Substantive Response to the Notice of Initiation,’’ dated August 30, 2024. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on August 1, 2024,’’ dated September 24, 2024. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Antidumping Duty Order on Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 8 See Issues and Decision Memorandum. E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95176-95179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Preliminary Results 
and Rescission, in Part, of Antidumping Duty Administrative Review; 
2022-2023

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) and I.N.G.E.T.E.K.N.O.S. 
Estructurales, S.A. de C.V. (Ingetek) (collectively, Deacero Group); 
and TA 2000 S.A. de C.V. (TA 2000) sold steel concrete reinforcing bar 
(rebar) from Mexico at less than normal value during the period of 
review (POR), November 1, 2022, through October 31, 2023. Additionally, 
Commerce is rescinding this administrative review with respect to 
certain companies. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable December 2, 2024.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane or T.J. Worthington, 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 or (202) 
482-4567, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2014, Commerce published in the Federal Register the 
antidumping duty (AD) order on rebar from Mexico.\1\ On November 2, 
2023, we published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On December 29, 2023, 
pursuant to section

[[Page 95177]]

751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce 
initiated an administrative review of the Order covering eleven 
companies.\3\ On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days.\4\ On July 29, 2024, 
Commerce extended the deadline for the preliminary results until 
November 22, 2024.\5\
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    \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, 88 FR 75270 (November 
2, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 29, 
2024.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as Appendix I 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.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the of the Administrative Review of the Antidumping Duty 
Order: Steel Concrete Reinforcing Bar from Mexico; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this Order is rebar from Mexico. For a full 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Rescission of Review, In Part

    As noted above, we initiated this review with respect to 11 
companies.\7\ During the course of the review, we selected two 
mandatory respondents, which included three of the named companies.\8\ 
As a consequence, there are eight companies upon which a review was 
requested and which were not selected for individual examination.
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 88 FR at 90170- 90171. Commerce 
previously found Deacero and Ingetek to be affiliated, and we 
continue to treat them as a single entity. See Steel Concrete 
Reinforcing Bar from Mexico: Final Results of Antidumping Duty 
Administrative Review; 2020-2021, 88 FR 37849 (June 9, 2023) (Rebar 
from Mexico AR 2020-2021 Final), and accompanying Issues and 
Decision Memorandum (IDM) at Comment 3. Therefore, they were listed 
together in the Initiation Notice. Separately, Commerce has 
previously collapsed Grupo Simec S.A.B. de C.V.; Aceros Especiales 
Simec Tlaxcala, 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.; Siderurgicos Noroeste, S.A. de C.V.; Simec 
International 6 S.A. de C.V.; Simec International 7, S.A. de C.V.; 
and Simec International, S.A. de C.V. into the single entity ``Grupo 
Simec.'' Therefore, they were listed together in the Initiation 
Notice. See Rebar from Mexico AR 2020-2021 Final IDM at Comment 3; 
see also Steel Concrete Reinforcing Bar from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 
63622 (December 11, 2018), and accompanying memorandum, 
``Affiliation and Collapsing Memorandum for the Grupo Simec,'' dated 
December 3, 2018, unchanged in Steel Concrete Reinforcing Bar from 
Mexico: Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 35599 (July 24, 2019).
    \8\ See Memorandum, ``Respondent Selection,'' dated March 1, 
2024. As discussed below in the ``Preliminary Successor-in-Interest 
Determination'' section below, Commerce has preliminarily determined 
that TA 2000 is the successor-in-interest to Talleres y Aceros S.A. 
de C.V. (TYASA).
---------------------------------------------------------------------------

    Commerce received a timely withdrawal request within 90 days of the 
date of publication of the Initiation Notice with respect to Gerdau 
Corsa S.A.P.I. de C.V. (Gerdau Corsa).\9\ No other party requested a 
review of this company. As a result, Commerce is rescinding this 
review, in part, with respect to Gerdau Corsa in accordance with 19 CFR 
351.213(d)(1).\10\
---------------------------------------------------------------------------

    \9\ See Gerdau Corsa's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated January 25, 2024.
    \10\ See Appendix II.
---------------------------------------------------------------------------

    In addition, pursuant to 19 CFR 351.213(d)(3), Commerce will 
rescind an administrative review when there are no reviewable suspended 
entries. Based on our analysis of U.S. Customs and Border Protection 
(CBP) information, eight companies listed in the Initiation Notice had 
no entries of subject merchandise during the POR, including one of 
which had all its requests for review timely withdrawn (i.e., Gerdau 
Corsa) and seven that remain subject to a review request. On March 26, 
2024, we notified parties of our intent to rescind this administrative 
review with respect to the companies that had no reviewable suspended 
entries during the POR.\11\ No party to the proceeding provided 
comments on our Intent to Rescind Memorandum. As a result, we are 
rescinding this review, in part, with respect to the remaining seven 
companies which had no entries in the POR.\12\ Accordingly, the 
companies that remain subject to the instant review are Deacero Group 
and TA 2000.
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    \11\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated March 26, 2024 (Intent to Rescind Memorandum).
    \12\ See Appendix II. As explained above, in accordance with 19 
CFR 351.213(d)(1), Commerce is also rescinding this review, in part, 
with respect to Gerdau Corsa based on receiving a timely withdrawal 
request.
---------------------------------------------------------------------------

Preliminary Successor-in-Interest Determination

    Commerce initiated this administrative review with respect to 
eleven companies, including TA 2000 and TYASA.\13\ TA 2000 reported 
that the company was formerly named TYASA, and continues to market and 
sell merchandise under the TYASA brand name.\14\ We requested 
additional information, which TA 2000 submitted in response to a 
supplemental questionnaire.\15\ We have analyzed record information 
regarding changes in TYASA's management, manufacturing facilities, 
customers, and suppliers, and preliminarily determine that TA 2000 is 
the successor-in-interest to TYASA. Accordingly, we have treated TYASA 
and TA 2000 as the same company in our analysis in this review. See the 
Preliminary Decision Memorandum for further information. Should our 
preliminary successor-in-interest determination remain unchanged in the 
final results of review, we will instruct CBP to apply the assessment 
rates that we calculated for TA 2000 to POR entries of subject 
merchandise from both TA 2000 and TYASA.
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    \13\ See Initiation Notice, 88 FR at 90171.
    \14\ See Preliminary Decision Memorandum (citing TA 2000's 
Letter, ``Section A Response,'' dated April 25, 2024, at 1).
    \15\ See Preliminary Decision Memorandum (citing Commerce's 
Letter, ``Supplemental Questionnaire for TA 2000,'' dated August 21, 
2024, and TA 2000's Letter, ``Supplemental Response,'' dated 
September 23, 2024).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. 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 conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margins exist for the 
period November 1, 2022, through October 31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V./I.N.G.E.T.E.K.N.O.S. Estructurales         8.88
 S.A........................................................
TA 2000 S.A. de C.V. \16\...................................       22.27
------------------------------------------------------------------------


[[Page 95178]]

Disclosure and Public Comment
---------------------------------------------------------------------------

    \16\ As discussed in further detail in the Preliminary Decision 
Memorandum, we preliminarily determine that TA 2000 is the 
successor-in-interest to Talleres y Aceros S.A. de C.V.
---------------------------------------------------------------------------

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).\17\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\18\ 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.\19\ Interested parties 
who submit case or rebuttal briefs in this proceeding must submit: (1) 
a table of contents listing each issue; and, (2) a table of 
authorities.\20\
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    \18\ See 19 CFR 351.309(c)(1)(ii).
    \19\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \20\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\21\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\22\
---------------------------------------------------------------------------

    \21\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \22\ See APO and Service Procedures.
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of 
publication of this notice. Requests should contain (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether any participant is a foreign national; and (3) a list of the 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the case and rebuttal briefs. If a request for a 
hearing is made, we will inform parties of the scheduled date and 
location for the hearing at a time to be determined.\23\ Parties should 
confirm by telephone the date, time, and location of the hearing no 
fewer than two days before the scheduled date. Parties are reminded 
that all briefs and hearing requests must be filed electronically using 
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern 
Time on the due date.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by 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 and for future deposits of estimated duties, where 
applicable.\24\ 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).
---------------------------------------------------------------------------

    \24\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    If the respective weighted-average dumping margins are above de 
minimis (i.e., 0.50 percent) in the final results of this review, we 
will calculate importer-specific ad valorem AD 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).\25\ 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. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.50 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \25\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondents for which they did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
    For the companies for which the administrative review is rescinded, 
antidumping duties shall be assessed at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of the administrative 
review for all shipments of rebar from Mexico entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results, as provided by section 751(a)(2) of the Act: (1) the 
cash deposit rate for each company listed above will be equal to the 
dumping margins established in the final results of this review, except 
if the ultimate rate is de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates will be zero; (2) 
for merchandise exported by producers or exporters not covered in this 
administrative 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 the producer or exporter participated; (3) if the 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

[[Page 95179]]

established for the most recently completed segment of the proceeding 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 20.58 percent, the 
all-others rate established in the AD investigation.\26\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \26\ See Order, 79 FR at 65926.
---------------------------------------------------------------------------

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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2) and 
351.221(b)(4).

    Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy 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 Review, In Part
V. Preliminary Successor-in-Interest Determination
VI. Affiliation and Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

Appendix II

Companies Rescinded From Administrative Review

1. Compania Siderurgica del Pacifico S.A. de C.V.
2. Gerdau Corsa, S.A.P.I. de C.V.
3. Grupo Acerero S.A. de C.V.
4. Grupo Simec S.A.B. de C.V.; Aceros Especiales Simec Tlaxcala, 
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.; 
Siderurgicos Noroeste, S.A. de C.V.; Simec International 6 S.A. de 
C.V.; Simec International 7, S.A. de C.V.; Simec International, S.A. 
de C.V.
5. RRLC S.A.P.I. de C.V.
6. Sidertul S.A. de C.V.
7. Siderurgica del Occidente y Pacifico S.A. de C.V.
8. Simec International 9 S.A. de C.V.

[FR Doc. 2024-28154 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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