Steel Concrete Reinforcing Bar From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 95176-95179 [2024-28154]
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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).
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18:25 Nov 29, 2024
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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).
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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.
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18:25 Nov 29, 2024
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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
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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
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Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices
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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.
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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
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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
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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.
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[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]
-----------------------------------------------------------------------
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.
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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.
---------------------------------------------------------------------------
\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).
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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.
---------------------------------------------------------------------------
\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\
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\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\
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\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.
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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.
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\23\ See 19 CFR 351.310.
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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).
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\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).
---------------------------------------------------------------------------
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.
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\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