81 FR 89050 - Fresh Garlic From the People's Republic of China: Preliminary Results and Partial Rescission of the 21st Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 237 (December 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89050-89053 | |
| FR Document | 2016-29569 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89050-89053] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29569] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Preliminary Results and Partial Rescission of the 21st Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting the 21st administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC), covering the period of review (POR) November 1, 2014, through October 31, 2015. This review covers 42 manufacturers/exporters of subject merchandise. We preliminarily find that the mandatory respondents Zhengzhou Harmoni Spice Co., Ltd (Harmoni) and Qingdao Tiantaixing Foods Co., Ltd. (QTF) each failed to cooperate to the best of its ability. As a result, we preliminarily find that Harmoni has not rebutted the presumption that it is part of the PRC-wide entity, and we preliminarily base QTF's dumping margin on adverse facts available. In addition, we preliminarily find that voluntary respondent Shenzhen Xinboda Industrial Co., Ltd. (Xinboda) made sales of subject merchandise at less than normal value (NV). We invite interested parties to comment on these preliminary results. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6251 or (202) 482-4956. Scope of the Order The merchandise covered by the order includes all grades of garlic, whole or separated into constituent cloves. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope of this order, please see ``III. Scope of the Order'' in the accompanying Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Decision Memorandum for the Preliminary Results of the 2014-2015 Antidumping Duty Administrative Review: Fresh Garlic From the People's Republic of China'' (December 5, 2016) (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Partial Rescission of Administrative Review On January 7, 2016, the Department initiated a review of 42 companies in this proceeding.\2\ On March 11, 2016, withdrawal requests were timely filed for 14 companies.\3\ The Department is, therefore, partially rescinding this review with respect to the companies listed in Appendix I, in accordance with 19 CFR 351.213(d)(1). --------------------------------------------------------------------------- \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 736 (January 7, 2016) (Initiation Notice). For a list of the 42 companies, see id. at 81 FR 738-739. \3\ See Letter from Petitioners, ``21st Administrative Review of the Antidumping Duty Order on Fresh Garlic From the People's Republic of China--Petitioners' Withdrawal of Certain Requests for Administrative Review,'' (March 11, 2016). --------------------------------------------------------------------------- Affiliation For the reasons set forth in the Preliminary Decision Memorandum and in accordance with 19 CFR 351.401(f), and the Department's practice, we are treating QTF, Qingdao Tianhefeng Foods Co., Ltd. (QTHF), Qingdao Beixing Trading Co., Ltd. (QBT), Qingdao Lianghe International Trade Co., Ltd. (Lianghe), and Qingdao Xintianfeng Foods Co., Ltd (QXF) as a single entity, for the purposes of this preliminary determination.\4\ --------------------------------------------------------------------------- \4\ See Preliminary Decision Memorandum ``Affiliations'' section. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export prices were calculated in accordance with section 772(a) of the Act. Because the PRC is a non-market economy (NME) within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. We relied, in part, on the facts available, with adverse inferences, for our preliminary determination, in accordance with section 776 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's [[Page 89051]] Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. PRC-Wide Entity The Department's policy regarding conditional review of the PRC- wide entity applies to this administrative review.\5\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate (i.e., $4.71/kg) is not subject to change. Aside from the no shipments companies discussed below, and the companies for which the review is being rescinded, the Department considers all other companies for which a review was requested, and which did not preliminarily qualify for a separate rate, to be part of the PRC-wide entity. For additional information, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). --------------------------------------------------------------------------- Preliminary Determination of Separate Rates for Non-Selected Companies In accordance with section 777A(c)(2)(B) of the Act, the Department employed a limited examination methodology, as it determined that it would not be practicable to examine individually all companies for which a review request was made.\6\ There were five exporters of subject merchandise from the PRC that have demonstrated their eligibility for a separate rate but were not selected for individual examination in this review. These five exporters are listed in Appendix II. --------------------------------------------------------------------------- \6\ See Memorandum to Edward Yang, ``Administrative Review of the Antidumping Duty Order on Fresh Garlic From the People's Republic of China: Respondent Selection Memorandum,'' dated March 1, 2016. --------------------------------------------------------------------------- Neither the Act nor the Department's regulations address the establishment of the rate applied to individual companies not selected for examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department's practice in cases involving limited selection based on exporters accounting for the largest volume of imports has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act instructs the Department to use rates established for individually investigated producers and exporters, excluding any rates that are zero, de minimis, or based entirely on facts available in investigations. In this review, we calculated a preliminary weighted-average dumping margin for Xinboda, while we preliminarily determined that the application of facts available with adverse inferences is warranted for Harmoni and QTF. Therefore for the preliminary results, the Department has preliminarily determined to assign Xinboda's rate to the non-selected separate-rate companies. Preliminary Determination of No Shipments The companies listed in Appendix III timely filed ``no shipment'' certifications stating that they had no entries into the United States of subject merchandise during the POR. Consistent with its practice, the Department asked U.S. Customs and Border Protection (CBP) to conduct a query of potential shipments made by these companies. CBP provided information \7\ that indicated that one of the companies had shipments into the United States during the POR. In addition, the Department has found two of these companies to be a part of the QTF entity, discussed further in the ``Affiliations'' section of the Preliminary Decision Memorandum. Based on the certifications by the remaining companies and our analysis of CBP information, we preliminarily determine that the companies listed in Appendix III did not have any reviewable transactions during the POR. In addition, the Department finds that consistent with its refinement to its assessment practice in NME cases, further discussed below, it is appropriate not to preliminarily rescind the review, in part, in these circumstances, but rather to complete the review with respect to these 10 companies, and issue appropriate instructions to CBP based on the final results of the review.\8\ --------------------------------------------------------------------------- \7\ See Memorandum from Alexander Cipolla, ``21st Administrative Review of Fresh Garlic From the People's Republic of China: Concerning Shenzhen Yuting Foodstuff Co., Ltd.'s No Shipment Certification,'' dated December 5, 2016. \8\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see also ``Assessment Rates'' section below. --------------------------------------------------------------------------- Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the period November 1, 2014, through October 31, 2015: ------------------------------------------------------------------------ Weighted- average Exporter margin (dollars per kilogram) ------------------------------------------------------------------------ Shenzhen Xinboda Industrial Co., Ltd................. 2.27 Jinan Farmlady Trading Co., Ltd...................... 2.27 Jining Alpha Food Co., Ltd........................... 2.27 Shandong Jinxiang Zhengyang Import & Export Co., Ltd. 2.27 Shenzhen Bainong Co., Ltd............................ 2.27 Weifang Hongqiao International Logistics Co., Ltd.... 2.27 Qingdao Tiantaixing Foods Co., Ltd................... 4.71 PRC-Wide Rate........................................ 4.71 ------------------------------------------------------------------------ [[Page 89052]] Disclosure, Public Comment and Opportunity To Request a Hearing The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments (case briefs) no later than 30 days after the date of publication of these preliminary results of review, pursuant to 19 CFR 351.309(c)(ii) and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs, pursuant to 19 CFR 351.(d)(1). Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and, (3) a table of authorities. See 19 CFR 351.303 (for general filing requirements). All electronically filed documents must be received successfully in its entirety by the Department's electronic records system, ACCESS. Pursuant to 19 CFR 351.310, any interested party may request a hearing within 30 days of publication of this notice. Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the case and rebuttal briefs. Id. If a party requests a hearing, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. The Department intends to issue the final results of this review, including the results of its analysis of the issues raised in any written 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, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review, in accordance with 19 CFR 351.212(b). For the companies for which this review is rescinded, 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)(l)(i).\9\ The Department will direct CBP to assess rates based on the per-unit (i.e., per kilogram) amount on each entry of the subject merchandise during the POR. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review. --------------------------------------------------------------------------- \9\ If our determination in the final results is to rescind this administrative review with respect to Kaihua, then we will not issue liquidation instructions for Jinxiang Kaihua Import & Export Co., unless the preliminary injunction entered on October 22, 2015, in Court of International Trade case number 15-00289 has lifted. --------------------------------------------------------------------------- The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for merchandise that was not reported in the U.S. sales databases submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually- examined exporter's cash deposit rate), the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\10\ --------------------------------------------------------------------------- \10\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2) of the Act: (1) For the companies listed above, the cash deposit rate will be the rate established in these final results of review (except, if the rate is zero or de minimis, then zero cash deposit will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC- wide rate of 4.71 U.S. dollars per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: December 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Companies For Which Reviews Have Been Rescinded 1. Anqiu Friend Food Co., Ltd. 2. Jinxiang Chengda Import & Export Co., Ltd. 3. Jinxiang Infarm Fruits & Vegetables Co., Ltd. 4. Jinxiang Tianma Freezing Storage Co., Ltd. 5. Nanyang Nianfeng Food Co., Ltd. 6. Qingdao Jia Shan Trade Co. 7. Qingdao Ritai Food Co., Ltd. 8. Shandong Helu International Trade Co., Ltd. 9. Shandong Libaqiang 10. Shandong Longtai Fruits and Vegetables Co., Ltd. 11. Weifang Naike Foodstuffs Co., Ltd. 12. Weifang Shennong Foodstuff Co., Ltd. 13. Weifang Wangyuan Food Co., Ltd. 14. Zhengzhou Xiwannian Food Co., Ltd. Appendix II--Non-Selected Separate Rate Companies 1. Jinan Farmlady Trading Co., Ltd. 2. Jining Alpha Food Co., Ltd. 3. Shandong Jinxiang Zhengyang Import & Export Co., Ltd. 4. Shenzhen Bainong Co., Ltd. 5. Weifang Hongqiao International Logistics Co., Ltd. Appendix III--Companies That Have Certified No Shipments 1. Jining Yifa Garlic Produce Co., Ltd. 2. Jining Shengtai Fruits & Vegetables Co., Ltd. 3. Jining Shunchang Import & Export Co., Ltd. 4. Jinxiang Guihua Food Co., Ltd. 5. Jinxiang Richfar Fruits & Vegetables Co., Ltd. 6. Qingdao Maycarrier Import & Export Co., Ltd. 7. Qingdao Sea-Line International Trading [[Page 89053]] Co., Ltd. 8. Shandong Chenhe International Trading Co., Ltd. 9. Shijiazhuang Goodman Trading Co., Ltd. 10. Yantai Jinyan Trading, Inc. [FR Doc. 2016-29569 Filed 12-8-16; 8:45 a.m.] BILLING CODE 3510-DS-P
![89050 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
respective case briefs. If a request for a DEPARTMENT OF COMMERCE Order’’ in the accompanying
hearing is made, parties will be notified Preliminary Decision Memorandum.1
of the date and time of the hearing to be International Trade Administration
Partial Rescission of Administrative
held at the U.S. Department of Review
Commerce, 1401 Constitution Avenue [A–570–831]
NW., Washington, DC 20230. On January 7, 2016, the Department
Fresh Garlic From the People’s initiated a review of 42 companies in
Unless the deadline is extended Republic of China: Preliminary Results this proceeding.2 On March 11, 2016,
pursuant to section 751(a)(3)(A) of the and Partial Rescission of the 21st withdrawal requests were timely filed
Act and 19 CFR 351.213(h)(2), the Antidumping Duty Administrative for 14 companies.3 The Department is,
Department intends to issue the final Review; 2014–2015 therefore, partially rescinding this
results of this administrative review, review with respect to the companies
including the results of its analysis of AGENCY: Enforcement and Compliance, listed in Appendix I, in accordance with
the issues raised in all written case International Trade Administration, 19 CFR 351.213(d)(1).
briefs, within 120 days after the Department of Commerce.
Affiliation
issuance of these preliminary results. SUMMARY: The Department of Commerce
(Department) is conducting the 21st For the reasons set forth in the
Notification to Importers administrative review of the Preliminary Decision Memorandum and
antidumping duty order on fresh garlic in accordance with 19 CFR 351.401(f),
This notice also serves as a and the Department’s practice, we are
from the People’s Republic of China
preliminary reminder to importers of treating QTF, Qingdao Tianhefeng
(PRC), covering the period of review
their responsibility under 19 CFR Foods Co., Ltd. (QTHF), Qingdao
(POR) November 1, 2014, through
351.402(f)(2) to file a certificate October 31, 2015. This review covers 42 Beixing Trading Co., Ltd. (QBT),
regarding the reimbursement of manufacturers/exporters of subject Qingdao Lianghe International Trade
antidumping duties prior to liquidation merchandise. We preliminarily find that Co., Ltd. (Lianghe), and Qingdao
of the relevant entries during this the mandatory respondents Zhengzhou Xintianfeng Foods Co., Ltd (QXF) as a
review period. Failure to comply with Harmoni Spice Co., Ltd (Harmoni) and single entity, for the purposes of this
this requirement could result in the Qingdao Tiantaixing Foods Co., Ltd. preliminary determination.4
Department’s presumption that (QTF) each failed to cooperate to the Methodology
reimbursement of antidumping duties best of its ability. As a result, we
occurred and the subsequent assessment The Department is conducting this
preliminarily find that Harmoni has not
of double antidumping duties. review in accordance with section
rebutted the presumption that it is part
751(a)(1)(B) of the Tariff Act of 1930, as
We are issuing and publishing these of the PRC-wide entity, and we
amended (the Act). Export prices were
results in accordance with sections preliminarily base QTF’s dumping
calculated in accordance with section
751(a)(1) and 777(i)(1) of the Act and 19 margin on adverse facts available. In 772(a) of the Act. Because the PRC is a
CFR 351.213(h)(1). addition, we preliminarily find that non-market economy (NME) within the
voluntary respondent Shenzhen meaning of section 771(18) of the Act,
Dated: December 5, 2016. Xinboda Industrial Co., Ltd. (Xinboda) NV has been calculated in accordance
Paul Piquado, made sales of subject merchandise at with section 773(c) of the Act. We
Assistant Secretary for Enforcement and less than normal value (NV). We invite relied, in part, on the facts available,
Compliance. interested parties to comment on these with adverse inferences, for our
preliminary results. preliminary determination, in
Appendix—List of Topics Discussed in
DATES: Effective December 9, 2016. accordance with section 776 of the Act.
the Preliminary Decision Memorandum
FOR FURTHER INFORMATION CONTACT: For a full description of the
Summary Kathryn Wallace or Alexander Cipolla, methodology underlying our
Background AD/CVD Operations, Office VII, conclusions, see the Preliminary
Scope of the Order Enforcement and Compliance, Decision Memorandum, which is hereby
Partial Rescission of Administrative Review International Trade Administration, adopted by this notice. The Preliminary
Preliminary Determination of No Shipments U.S. Department of Commerce, 1401 Decision Memorandum is a public
Unexamined Respondents Constitution Avenue NW., Washington, document and is on file electronically
Postponement of Preliminary Determination DC 20230; telephone: (202) 482–6251 or via Enforcement and Compliance’s
Methodology (202) 482–4956.
Fair Value Comparisons 1 See Memorandum to Christian Marsh, Deputy
Determination of Comparison Method Scope of the Order Assistant Secretary for Antidumping and
Product Comparisons Countervailing Duty Operations, ‘‘Decision
The merchandise covered by the order Memorandum for the Preliminary Results of the
Date of Sale includes all grades of garlic, whole or 2014–2015 Antidumping Duty Administrative
Level of Trade separated into constituent cloves. Fresh Review: Fresh Garlic From the People’s Republic of
Export Price China’’ (December 5, 2016) (Preliminary Decision
garlic that are subject to the order are Memorandum).
Cost of Production
currently classified under the 2 See Initiation of Antidumping and
Normal Value
Harmonized Tariff Schedule of the Countervailing Duty Administrative Reviews, 81 FR
Currency Conversion
United States (HTSUS) 0703.20.0010, 736 (January 7, 2016) (Initiation Notice). For a list
mstockstill on DSK3G9T082PROD with NOTICES
Recommendation of the 42 companies, see id. at 81 FR 738–739.
0703.20.0020, and 0703.20.0090. 3 See Letter from Petitioners, ‘‘21st
[FR Doc. 2016–29544 Filed 12–8–16; 8:45 am] Although the HTSUS numbers are Administrative Review of the Antidumping Duty
BILLING CODE 3510–DS–P provided for convenience and customs Order on Fresh Garlic From the People’s Republic
purposes, the written product of China—Petitioners’ Withdrawal of Certain
description remains dispositive. For a Requests for Administrative Review,’’ (March 11,
2016).
full description of the scope of this 4 See Preliminary Decision Memorandum
order, please see ‘‘III. Scope of the ‘‘Affiliations’’ section.
VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1](https://thefederalregister.org/doc/81_FR_89287/page/1.svg)
![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89053
Co., Ltd. preliminary results of this review was Compliance’s Antidumping and
8. Shandong Chenhe International Trading August 5, 2016.2 On July 14, 2016, the Countervailing Duty Centralized
Co., Ltd. Department extended the deadline for Electronic Service System (ACCESS).
9. Shijiazhuang Goodman Trading Co., Ltd. the preliminary results to December 5, ACCESS is available to registered users
10. Yantai Jinyan Trading, Inc.
2016.3 at https://access.trade.gov and is
[FR Doc. 2016–29569 Filed 12–8–16; 8:45 a.m.] available to all parties in the Central
Scope of the Order
BILLING CODE 3510–DS–P Records Unit, Room B8024 of the main
Imports covered by the order are Department of Commerce building. In
shipments of steel concrete reinforcing addition, a complete version of the
DEPARTMENT OF COMMERCE bar imported in either straight length or Preliminary Decision Memorandum can
coil form (rebar) regardless of be accessed directly on the internet at
International Trade Administration metallurgy, length, diameter, or grade. http://enforcement.trade.gov/frn/
[A–201–844] The merchandise subject to review is index.html. The signed Preliminary
currently classifiable under items Decision Memorandum and the
Steel Concrete Reinforcing Bar From 7213.10.0000, 7214.20.0000, and electronic version of the Preliminary
Mexico: Preliminary Results of 7228.30.8010. The subject merchandise Decision Memorandum are identical in
Antidumping Duty Administrative may also enter under other Harmonized content.
Review; 2014–2015 Tariff Schedule of the United States
(HTSUS) numbers including Preliminary Results of the Review
AGENCY: Enforcement and Compliance, As a result of this review, we
7215.90.1000, 7215.90.5000,
International Trade Administration, preliminarily determine the following
7221.00.0015, 7221.00.0030,
Department of Commerce. weighted-average dumping margins for
7221.00.0045, 7222.11.0001,
SUMMARY: In response to requests from 7222.11.0057, 7222.11.0059, the period April 24, 2014, through
interested parties, the Department of 7222.30.0001, 7227.20.0080, October 31, 2015:
Commerce (the Department) is 7227.90.6085, 7228.20.1000, and
conducting an administrative review of 7228.60.6000. Although the HTSUS Weighted-
the antidumping duty order on steel subheadings are provided for average
concrete reinforcing bar (rebar) from Producer and/or exporter dumping
convenience and customs purposes, the margin
Mexico, covering the period April 24, written description of the merchandise (percent)
2014, through October 31, 2015. The subject to the order is dispositive.4
review covers Deacero S.A.P.I de C.V. Deacero ...................................... 0.56
(Deacero), and Grupo Simec S.A.B. de Methodology Grupo Simec 5 ............................ 0.00
C.V. (Grupo Simec). We preliminarily The Department is conducting this
determine that Deacero made sales of review in accordance with section Assessment Rate
subject merchandise at less than normal 751(a)(1) and (2) of the Tariff Act of Upon issuance of the final results, the
value during the period of review (POR), 1930, as amended (the Act). Constructed Department shall determine, and U.S.
and that Grupo Simec did not. export price or export price is calculated Customs and Border Protection (CBP)
Interested parties are invited to in accordance with section 772 of the shall assess, antidumping duties on all
comment on these preliminary results. Act. Normal value is calculated in appropriate entries covered by this
DATES: Effective December 9, 2016. accordance with section 773 of the Act. review.6 If the weighted-average
FOR FURTHER INFORMATION CONTACT: For a full description of the dumping margin for Deacero or Grupo
Stephanie Moore for Deacero or Patricia methodology underlying our Simec is not zero or de minimis (i.e.,
Tran for Grupo Simec, AD/CVD preliminary results, see the Preliminary less than 0.5 percent), we will calculate
Operations, Office III, Enforcement and Decision Memorandum dated importer-specific ad valorem
Compliance, International Trade concurrently with this notice and antidumping duty assessment rates
Administration, U.S. Department of hereby adopted by this notice. The based on the ratio of the total amount of
Commerce, 1401 Constitution Avenue Preliminary Decision Memorandum is a dumping calculated for the importer’s
NW., Washington, DC 20230; telephone: public document and is on file examined sales to the total entered
(202) 482–3692 or (202) 482–1503, electronically via Enforcement and value of those same sales in accordance
respectively. with 19 CFR 351.212(b)(1). We will
SUPPLEMENTARY INFORMATION:
2 See Memorandum to the Record from Ron
instruct CBP to assess antidumping
Lorentzen, Acting Assistant Secretary for duties on all appropriate entries covered
Enforcement & Compliance, regarding ‘‘Tolling of
Background Administrative Deadlines As a Result of the by this review when the importer-
On January 7, 2016, the Department Government Closure During Snowstorm ‘Jonas,’ ’’ specific assessment rate calculated in
published a notice of initiation of an dated January 27, 2016. If the new deadline falls on the final results of this review is not
a non-business day, in accordance with the zero or de minimis. Where either the
administrative review of the Department’s practice, the deadline will become the
antidumping order on rebar from next business day. respondent’s weighted-average dumping
Mexico.1 3 See Memorandum, titled ‘‘Steel Concrete
As explained in the memorandum Reinforcing Bar from Mexico: Extension of Deadline 5 Pursuant to section 771(33)(B), (F) and (G) of the
for Preliminary Results of Antidumping Duty Act, the Department found Grupo Simec S.A.B. de
from the Acting Assistant Secretary for Administrative Review,’’ dated July 14, 2016. C.V. affiliated with the following producers: Orge
Enforcement and Compliance, the 4 For a full description of the scope of the order, S.A. de C.V.; Compania Siderurgica del Pacifico
mstockstill on DSK3G9T082PROD with NOTICES
Department exercised its discretion to see the ‘‘Decision Memorandum for the Preliminary S.A. de C.V.; Grupo Chant S.A.P.I. de C.V.; RRLC
toll all administrative deadlines due to Results of Antidumping Duty Administrative S.A.P.I. de C.V.; Siderurgica del Occidente y
Review: Steel Concrete Reinforcing Bar from Pacifico S.A. de C.V.; Simec International 6 S.A. de
a closure of the Federal Government. As C.V.; Simec International 7 S.A. de C.V.; and Simec
Mexico; 2014–2015,’’ from Christian Marsh, Deputy
a result, the revised deadline for the Assistant Secretary for Antidumping and International 9 S.A. de C.V. and collapsed and
Countervailing Duty Operations, to Paul Piquado, treated as a single entity in this administrative
1 See Initiation of Antidumping and Assistant Secretary for Enforcement and review pursuant to 19 CFR 351.401(f). The
Countervailing Duty Administrative Reviews, 81 FR Compliance, dated concurrently with this notice collective entity is Grupo Simec.
736 (January 7, 2016). (Preliminary Decision Memorandum). 6 See 19 CFR 351.212(b).
VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1](https://thefederalregister.org/doc/81_FR_89287/page/4.svg)
Document Created: 2018-02-14 09:03:38
Document Modified: 2018-02-14 09:03:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective December 9, 2016. | |
| Contact | Kathryn Wallace or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6251 or (202) 482-4956. | |
| FR Citation | 81 FR 89050 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR