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[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.
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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.
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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).
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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.
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    \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\
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    \9\ See Gerdau Corsa's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated January 25, 2024.
    \10\ See Appendix II.
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    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.
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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).
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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
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[[Page 95178]]

Disclosure and Public Comment
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    \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.
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    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).
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    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.
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    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.
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    \26\ See Order, 79 FR at 65926.
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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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