82_FR_57814 82 FR 57581 - Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016

82 FR 57581 - Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 233 (December 6, 2017)

Page Range57581-57583
FR Document2017-26295

In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on steel concrete reinforcing bar (rebar) from Mexico, covering the period November 1, 2015, through October 31, 2016. The review covers one mandatory respondent, Deacero S.A.P.I de C.V. (Deacero), and 12 non-selected companies. We preliminarily determine that Deacero did not make sales of subject merchandise at less than normal value during the period of review (POR). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 233 (Wednesday, December 6, 2017)
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57581-57583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26295]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on steel concrete reinforcing bar 
(rebar) from Mexico, covering the period November 1, 2015, through 
October 31, 2016. The review covers one mandatory respondent, Deacero 
S.A.P.I de C.V. (Deacero), and 12 non-selected companies. We 
preliminarily determine that Deacero did not make sales of subject 
merchandise at less than normal value during the period of review 
(POR). Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable December 6, 2017.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3692.

Background

    On January 13, 2017, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
rebar from Mexico.\1\ The Department initiated this administrative 
review covering 13 companies.\2\ On July 11, 2017, the Department 
issued a memorandum extending the time period for issuing the 
preliminary results of the instant administrative review from August 2, 
2017 to October 2, 2017.\3\ On September 25, 2017, the Department fully 
extended the deadline to November 30, 2017.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 294 (January 13, 2017).
    \2\ We initiated a review of the following 13 companies: Deacero 
S.A.P.I. de C.V.; Grupo Acerero S.A. de C.V.; Grupo Simec Orge S.A. 
de C.V.; Industrias CH; Ternium Mexico, S.A. de C.V.; ArcelorMittal 
Lazaro Cardenas S.A. de C.V.; Cia Siderurgica De California S.A. de 
C.V.; Siderurgica Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de 
C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.; ArcelorMittal 
Celaya, S.A. de C.V.; and ArcelorMittal Cordoba S.A. de C.V.
    \3\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review, 2015-2016,'' dated July 11, 2017.
    \4\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review, 2015-2016,'' dated September 25, 2017.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the order are shipments of steel concrete 
reinforcing bar imported in either straight length or coil form (rebar) 
regardless of metallurgy, length, diameter, or grade. The merchandise 
subject to review is currently classifiable under items 7213.10.0000, 
7214.20.0000, and 7228.30.8010. The subject merchandise may also enter 
under other Harmonized Tariff Schedule of the United States (HTSUS) 
numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 
7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, 
and 7228.60.6000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive.\5\
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    \5\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Steel Concrete Reinforcing Bar from 
Mexico; 2015-2016,'' dated concurrently with, and hereby adopted by 
this notice (Preliminary Decision Memorandum).

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[[Page 57582]]

Preliminary Determination of No Shipments

    On January 19, 2017, Grupo Simec and Orge S.A. de C.V. (Grupo 
Simec) stated that it had no exports or sales, and no entries for 
consumption of subject merchandise into the United States during the 
POR. On February 12, 2017, ArcelorMittal Lazaro Cardenas, SA. de CV. 
(which became ArcelorMittal Mexico, S.A, de CV. on March 31, 2014), 
ArcelorMittal Celaya, SA. de CV., and ArcelorMittal Cordoba, SA. de CV. 
(collectively, Arcelor Mittal) submitted a no shipment letter 
certification. In response to the non-shipment claims of Grupo Simec 
and Arcelor Mittal, the Department issued a no-shipment inquiry to U.S. 
Customs and Border Protection (CBP) requesting that it review Grupo 
Simec's and Arcelor Mittal's no-shipment claims. CBP did not report 
that it had any information to contradict these claims of no shipments 
during the POR.
    Given that Grupo Simec and Arcelor Mittal certified that they made 
no shipments of subject merchandise to the United States during the 
POR, and there is no information calling their claims into question, we 
preliminarily determine that Grupo Simec and Arcelor Mittal did not 
have any reviewable transactions during the POR. Consistent with the 
Department's practice, we will not rescind the review with respect to 
Grupo Simec and Arcelor Mittal but, rather, will complete the review 
and issue instructions to CBP based on the final results.\6\
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    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price or export price is calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying our preliminary results, see the Preliminary Decision 
Memorandum dated concurrently with this notice and hereby adopted by 
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 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/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily calculated a dumping 
margin of zero percent for Deacero. We are applying to the non-selected 
companies the rates calculated for the mandatory respondent in these 
preliminary results, as referenced below.\7\
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    \7\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
------------------------------------------------------------------------
Deacero.................................................            0.00
Industrias CH...........................................            0.00
Ternium Mexico, S.A. de C.V.............................            0.00
Cia Siderurgica De California, S.A. de C.V..............            0.00
Grupo Acerero S.A. de C.V...............................            0.00
AceroMex S.A............................................            0.00
Siderurgica Tultitlan S.A. de C.V.......................            0.00
Talleres y Aceros, S.A. de C.V..........................            0.00
Grupo Villacero S.A. de C.V.............................            0.00
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\8\ If the 
weighted-average dumping margin for Deacero is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer-specific ad 
valorem antidumping duty 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). 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 not 
zero or de minimis. 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.\9\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review where applicable.
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    \8\ See 19 CFR 351.212(b).
    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012); 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for respondents 
noted above 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; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 20.58 percent, the all-
others rate established in the

[[Page 57583]]

antidumping investigation.\10\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \10\ See Steel Concrete Reinforcing Bar from Mexico: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, 79 FR 54967 (September 15, 
2014).
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\11\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\12\ Parties who submit comments are requested to submit: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\13\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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, and an electronically filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days of publication of this notice.\14\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date for the hearing which will be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\15\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ 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 213(h)(2), the Department 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, 
within 120 days after issuance of these preliminary results.\16\
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    \16\ See section 75l(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Extension of Preliminary Results
4. Scope of the Order
5. Duty Absorption
6. Allegation of Particular Market Situation
7. Margin for Companies Not Selected for Individual Examination
8. Preliminary Determination of No Shipments
9. Discussion of Methodology
    Date of Sale
    Comparisons to Normal Value
    Product Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing Analysis
    Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of Cost of Production (COP)
    2. Test of Home Market Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Currency Conversion
    Currency Conversion
10. Recommendation

[FR Doc. 2017-26295 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                         Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                    57581

                                               date of publication of this notice.                       Dated: November 30, 2017.                           U.S. Department of Commerce, 1401
                                               Rebuttal briefs, limited to issues raised               Gary Taverman,                                        Constitution Avenue NW., Washington,
                                               in the case briefs, may be filed no later               Deputy Assistant Secretary for Antidumping            DC 20230; telephone: (202) 482–3692.
                                               than five days after the date for filing                and Countervailing Duty Operations,
                                                                                                       performing the non-exclusive functions and
                                                                                                                                                             Background
                                               case briefs.18 Parties who submit case
                                               briefs or rebuttal briefs in this                       duties of the Assistant Secretary of                    On January 13, 2017, the Department
                                               proceeding are encouraged to submit                     Enforcement and Compliance.                           published a notice of initiation of an
                                               with each argument: (1) A statement of                  Appendix                                              administrative review of the
                                               the issue; (2) a brief summary of the                                                                         antidumping order on rebar from
                                               argument; and (3) a table of                            List of Topics Discussed in the Preliminary           Mexico.1 The Department initiated this
                                                                                                       Decision Memorandum                                   administrative review covering 13
                                               authorities.19 Case and rebuttal briefs
                                               should be filed using ACCESS.20                         Summary                                               companies.2 On July 11, 2017, the
                                                                                                       Background                                            Department issued a memorandum
                                                  Pursuant to 19 CFR 351.310(c),                       Scope of the Order
                                               interested parties who wish to request a                                                                      extending the time period for issuing
                                                                                                       Partial Rescission of Administrative Review           the preliminary results of the instant
                                               hearing must submit a written request to                Preliminary Determination of No Shipments             administrative review from August 2,
                                               the Assistant Secretary for Enforcement                 Non-Selected Respondents
                                                                                                                                                             2017 to October 2, 2017.3 On September
                                               and Compliance, filed electronically via                Methodology
                                                                                                         Use of Facts Otherwise Available                    25, 2017, the Department fully extended
                                               ACCESS. An electronically filed
                                                                                                         Fair Value Comparisons                              the deadline to November 30, 2017.4
                                               document must be received successfully
                                               in its entirety by the Department’s                       Product Comparisons                                 Scope of the Order
                                                                                                         Date of Sale
                                               electronic records system, ACCESS, by                                                                           Imports covered by the order are
                                                                                                         Level of Trade
                                               5:00 p.m. Eastern Time within 30 days                     Constructed Export Price                            shipments of steel concrete reinforcing
                                               after the date of publication of this                     Normal Value                                        bar imported in either straight length or
                                               notice.21 Requests should contain: (1)                    Cost of Production                                  coil form (rebar) regardless of
                                               The party’s name, address, and                            Calculation of Normal Value Based on                metallurgy, length, diameter, or grade.
                                               telephone number; (2) the number of                          Comparison Market Prices                         The merchandise subject to review is
                                               participants; and (3) a list of issues to be              Currency Conversion                                 currently classifiable under items
                                               discussed. Issues raised in the hearing                 Recommendation
                                                                                                                                                             7213.10.0000, 7214.20.0000, and
                                               will be limited to those raised in the                  [FR Doc. 2017–26300 Filed 12–5–17; 8:45 am]           7228.30.8010. The subject merchandise
                                               respective case briefs. If a request for a              BILLING CODE 3510–DS–P                                may also enter under other Harmonized
                                               hearing is made, parties will be notified                                                                     Tariff Schedule of the United States
                                               of the date and time of the hearing to be                                                                     (HTSUS) numbers including
                                               held at the U.S. Department of                          DEPARTMENT OF COMMERCE                                7215.90.1000, 7215.90.5000,
                                               Commerce, 1401 Constitution Avenue                                                                            7221.00.0017, 7221.00.0018,
                                               NW., Washington, DC 20230.                              International Trade Administration
                                                                                                                                                             7221.00.0030, 7221.00.0045,
                                                  Unless the deadline is extended                      [A–201–844]                                           7222.11.0001, 7222.11.0057,
                                               pursuant to section 751(a)(3)(A) of the                                                                       7222.11.0059, 7222.30.0001,
                                               Act and 19 CFR 351.213(h)(2), the                       Steel Concrete Reinforcing Bar From                   7227.20.0080, 7227.90.6085,
                                               Department intends to issue the final                   Mexico: Preliminary Results of                        7228.20.1000, and 7228.60.6000.
                                               results of this administrative review,                  Antidumping Duty Administrative                       Although the HTSUS subheadings are
                                               including the results of its analysis of                Review and Preliminary Determination                  provided for convenience and customs
                                               the issues raised in all written case                   of No Shipments; 2015–2016                            purposes, the written description of the
                                               briefs, within 120 days after the                       AGENCY:   Enforcement and Compliance,                 merchandise subject to the order is
                                               issuance of these preliminary results.                  International Trade Administration,                   dispositive.5
                                               Notification to Importers                               Department of Commerce.                                 1 See Initiation of Antidumping and
                                                                                                       SUMMARY: In response to requests from                 Countervailing Duty Administrative Reviews, 82 FR
                                                 This notice also serves as a
                                               preliminary reminder to importers of                    interested parties, the Department of                 294 (January 13, 2017).

                                               their responsibility under 19 CFR                       Commerce (the Department) is                            2 We initiated a review of the following 13

                                                                                                       conducting an administrative review of                companies: Deacero S.A.P.I. de C.V.; Grupo Acerero
                                               351.402(f)(2) to file a certificate                                                                           S.A. de C.V.; Grupo Simec Orge S.A. de C.V.;
                                               regarding the reimbursement of                          the antidumping duty order on steel                   Industrias CH; Ternium Mexico, S.A. de C.V.;
                                               antidumping duties prior to liquidation                 concrete reinforcing bar (rebar) from                 ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia
                                               of the relevant entries during this                     Mexico, covering the period November                  Siderurgica De California S.A. de C.V.; Siderurgica
                                                                                                       1, 2015, through October 31, 2016. The                Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de
                                               review period. Failure to comply with                                                                         C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.;
                                               this requirement could result in the                    review covers one mandatory                           ArcelorMittal Celaya, S.A. de C.V.; and
                                               Department’s presumption that                           respondent, Deacero S.A.P.I de C.V.                   ArcelorMittal Cordoba S.A. de C.V.
                                               reimbursement of antidumping duties                     (Deacero), and 12 non-selected                          3 See Memorandum, titled ‘‘Steel Concrete

                                                                                                       companies. We preliminarily determine                 Reinforcing Bar from Mexico: Extension of Deadline
                                               occurred and the subsequent assessment                                                                        for Preliminary Results of Antidumping Duty
                                               of double antidumping duties.                           that Deacero did not make sales of                    Administrative Review, 2015–2016,’’ dated July 11,
                                                                                                       subject merchandise at less than normal               2017.
                                                 We are issuing and publishing these                   value during the period of review (POR).                4 See Memorandum, titled ‘‘Steel Concrete
                                               results in accordance with sections
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       Interested parties are invited to                     Reinforcing Bar from Mexico: Extension of Deadline
                                               751(a)(1) and 777(i)(1) of the Act and 19               comment on these preliminary results.                 for Preliminary Results of Antidumping Duty
                                               CFR 351.213(h)(1).                                                                                            Administrative Review, 2015–2016,’’ dated
                                                                                                       DATES: Applicable December 6, 2017.                   September 25, 2017.
                                                                                                                                                               5 For a full description of the scope of the order,
                                                 18 See 19 CFR 351.309(d).                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             see the ‘‘Decision Memorandum for the Preliminary
                                                 19 See 19 CFR 351.309(c)(2) and (d)(2).               Stephanie Moore, AD/CVD Operations,                   Results of Antidumping Duty Administrative
                                                 20 See 19 CFR 351.303.                                Office III, Enforcement and Compliance,               Review: Steel Concrete Reinforcing Bar from
                                                 21 See 19 CFR 351.310(c).                             International Trade Administration,                                                              Continued




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                                               57582                    Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices

                                               Preliminary Determination of No                         Preliminary Decision Memorandum is a                         assess antidumping duties on all
                                               Shipments                                               public document and is on file                               appropriate entries covered by this
                                                  On January 19, 2017, Grupo Simec                     electronically via Enforcement and                           review when the importer-specific
                                               and Orge S.A. de C.V. (Grupo Simec)                     Compliance’s Antidumping and                                 assessment rate calculated in the final
                                               stated that it had no exports or sales,                 Countervailing Duty Centralized                              results of this review is not zero or de
                                               and no entries for consumption of                       Electronic Service System (ACCESS).                          minimis. Where either the respondent’s
                                               subject merchandise into the United                     ACCESS is available to registered users                      weighted-average dumping margin is
                                               States during the POR. On February 12,                  at https://access.trade.gov and is                           zero or de minimis, or an importer-
                                               2017, ArcelorMittal Lazaro Cardenas,                    available to all parties in the Central                      specific assessment rate is zero or de
                                               SA. de CV. (which became                                Records Unit, Room B8024 of the main                         minimis, we will instruct CBP to
                                               ArcelorMittal Mexico, S.A, de CV. on                    Department of Commerce building. In                          liquidate the appropriate entries
                                               March 31, 2014), ArcelorMittal Celaya,                  addition, a complete version of the                          without regard to antidumping duties.9
                                               SA. de CV., and ArcelorMittal Cordoba,                  Preliminary Decision Memorandum can                          The final results of this review shall be
                                               SA. de CV. (collectively, Arcelor Mittal)               be accessed directly on the internet at                      the basis for the assessment of
                                               submitted a no shipment letter                          http://enforcement.trade.gov/frn/                            antidumping duties on entries of
                                               certification. In response to the non-                  index.html. The signed Preliminary                           merchandise covered by the final results
                                               shipment claims of Grupo Simec and                      Decision Memorandum and the                                  of this review where applicable.
                                               Arcelor Mittal, the Department issued a                 electronic version of the Preliminary                           In accordance with the Department’s
                                               no-shipment inquiry to U.S. Customs                     Decision Memorandum are identical in                         ‘‘automatic assessment’’ practice, for
                                               and Border Protection (CBP) requesting                  content.                                                     entries of subject merchandise during
                                               that it review Grupo Simec’s and                        Preliminary Results of the Review                            the POR produced by each respondent
                                               Arcelor Mittal’s no-shipment claims.                                                                                 for which they did not know that their
                                                                                                         As a result of this review, we                             merchandise was destined for the
                                               CBP did not report that it had any
                                                                                                       preliminarily calculated a dumping                           United States, we will instruct CBP to
                                               information to contradict these claims of
                                                                                                       margin of zero percent for Deacero. We                       liquidate unreviewed entries at the all-
                                               no shipments during the POR.
                                                  Given that Grupo Simec and Arcelor                   are applying to the non-selected                             others rate if there is no rate for the
                                               Mittal certified that they made no                      companies the rates calculated for the                       intermediate company(ies) involved in
                                               shipments of subject merchandise to the                 mandatory respondent in these                                the transaction. We intend to issue
                                               United States during the POR, and there                 preliminary results, as referenced                           instructions to CBP 15 days after
                                               is no information calling their claims                  below.7                                                      publication of the final results of this
                                               into question, we preliminarily                                                                                      review.
                                                                                                                                                      Weighted-
                                               determine that Grupo Simec and                                                                          average      Cash Deposit Requirements
                                               Arcelor Mittal did not have any                            Producer and/or exporter                    dumping
                                               reviewable transactions during the POR.                                                                 margin          The following cash deposit
                                               Consistent with the Department’s                                                                       (percent)     requirements will be effective upon
                                               practice, we will not rescind the review                                                                             publication of the notice of final results
                                                                                                       Deacero ................................              0.00
                                               with respect to Grupo Simec and                         Industrias CH ........................                0.00   of administrative review for all
                                               Arcelor Mittal but, rather, will complete               Ternium Mexico, S.A. de C.V                           0.00   shipments of subject merchandise
                                               the review and issue instructions to CBP                Cia Siderurgica De Cali-                                     entered, or withdrawn from warehouse,
                                               based on the final results.6                              fornia, S.A. de C.V ............                    0.00   for consumption on or after the
                                                                                                       Grupo Acerero S.A. de C.V ..                          0.00   publication of the final results of this
                                               Methodology                                             AceroMex S.A .......................                  0.00   administrative review, as provided by
                                                 The Department is conducting this                     Siderurgica Tultitlan S.A. de                                section 751(a)(2)(C) of the Act: (1) The
                                               review in accordance with section                         C.V ....................................            0.00
                                                                                                                                                                    cash deposit rate for respondents noted
                                               751(a)(1) and (2) of the Tariff Act of                  Talleres y Aceros, S.A. de
                                                                                                         C.V ....................................            0.00   above will be zero; (2) for merchandise
                                               1930, as amended (the Act). Constructed                 Grupo Villacero S.A. de C.V                           0.00   exported by producers or exporters not
                                               export price or export price is calculated                                                                           covered in this administrative review
                                               in accordance with section 772 of the                   Assessment Rate                                              but covered in a prior segment of the
                                               Act. Normal value is calculated in                                                                                   proceeding, the cash deposit rate will
                                               accordance with section 773 of the Act.                   Upon issuance of the final results, the                    continue to be the company-specific rate
                                               For a full description of the                           Department shall determine, and U.S.                         published for the most recently
                                               methodology underlying our                              Customs and Border Protection (CBP)                          completed segment of this proceeding;
                                               preliminary results, see the Preliminary                shall assess, antidumping duties on all                      (3) if the exporter is not a firm covered
                                               Decision Memorandum dated                               appropriate entries covered by this                          in this review, a prior review, or the
                                               concurrently with this notice and                       review.8 If the weighted-average                             original investigation, but the producer
                                               hereby adopted by this notice. The                      dumping margin for Deacero is not zero                       is, the cash deposit rate will be the rate
                                                                                                       or de minimis (i.e., less than 0.5                           established for the most recently
                                               Mexico; 2015–2016,’’ dated concurrently with, and       percent), we will calculate importer-                        completed segment of this proceeding
                                               hereby adopted by this notice (Preliminary Decision     specific ad valorem antidumping duty                         for the producer of the subject
                                               Memorandum).                                            assessment rates based on the ratio of
                                                 6 See, e.g., Certain Frozen Warmwater Shrimp                                                                       merchandise; and (4) the cash deposit
                                                                                                       the total amount of dumping calculated                       rate for all other producers or exporters
                                               from Thailand; Preliminary Results of Antidumping
                                                                                                       for the importer’s examined sales to the
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                                               Duty Administrative Review, Partial Rescission of                                                                    will continue to be 20.58 percent, the
                                               Review, Preliminary Determination of No                 total entered value of those same sales                      all-others rate established in the
                                               Shipments; 2012–2013, 79 FR 15951, 15952 (March         in accordance with 19 CFR
                                               24, 2014), unchanged in Certain Frozen Warmwater        351.212(b)(1). We will instruct CBP to
                                               Shrimp from Thailand: Final Results of                                                                                 9 See Antidumping Proceedings: Calculation of

                                               Antidumping Duty Administrative Review, Final                                                                        the Weighted-Average Dumping Margin and
                                                                                                         7 See Albemarle Corp. & Subsidiaries v. United
                                               Determination of No Shipments, and Partial                                                                           Assessment Rate in Certain Antidumping Duty
                                               Rescission of Review; 2012–2013, 79 FR 51306,           States, 821 F.3d 1345 (Fed. Cir. 2016).                      Proceedings: Final Modification, 77 FR 8101, 8103
                                               51307 (August 28, 2014).                                  8 See 19 CFR 351.212(b).                                   (February 14, 2012); 19 CFR 351.106(c)(2).



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                                                                        Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                     57583

                                               antidumping investigation.10 These cash                 raised by the parties in their case briefs,           DEPARTMENT OF COMMERCE
                                               deposit requirements, when imposed,                     within 120 days after issuance of these
                                               shall remain in effect until further                    preliminary results.16                                International Trade Administration
                                               notice.                                                                                                       [A–580–809]
                                                                                                       Notification to Importers
                                               Disclosure and Public Comment                             This notice serves as a preliminary                 Circular Welded Non-Alloy Steel Pipe
                                                  The Department will disclose to                      reminder to importers of their                        From the Republic of Korea:
                                               parties to this proceeding the                          responsibility under 19 CFR                           Preliminary Results of Antidumping
                                               calculations performed in reaching the                  351.402(f)(2) to file a certificate                   Duty Administrative Review; 2015–
                                               preliminary results within five days of                 regarding the reimbursement of                        2016
                                               the date of publication of these                        antidumping duties prior to liquidation
                                               preliminary results.11 Pursuant to 19                   of the relevant entries during this                   AGENCY:   Enforcement and Compliance,
                                               CFR 351.309(c), interested parties may                  review period. Failure to comply with                 International Trade Administration,
                                               submit cases briefs not later than 30                   this requirement could result in the                  Department of Commerce.
                                               days after the date of publication of this              Secretary’s presumption that                          SUMMARY: The Department of Commerce
                                               notice. Rebuttal briefs, limited to issues              reimbursement of antidumping duties                   (the Department) is conducting an
                                               raised in the case briefs, may be filed                 occurred and increase the subsequent                  administrative review of the
                                               not later than five days after the date for             assessment of the antidumping duties                  antidumping duty order on circular
                                               filing case briefs.12 Parties who submit                by the amount of antidumping duties                   welded non-alloy steel pipe (CWP) from
                                               comments are requested to submit: (1) A                 reimbursed.                                           the Republic of Korea (Korea). The
                                               statement of the issue; (2) a brief                                                                           period of review (POR) is November 1,
                                                                                                       Notification to Interested Parties                    2015, through October 31, 2016. The
                                               summary of the argument; and (3) a
                                               table of authorities.13 All briefs must be                These preliminary results of review                 Department preliminarily determines
                                               filed electronically using ACCESS. An                   are issued and published in accordance                that the producers/exporters subject to
                                               electronically filed document must be                   with sections 751(a)(1) and 777(i)(1) of              this review made sales of subject
                                               received successfully in its entirety by                the Act, and 19 CFR 351.221(b)(4).                    merchandise at less than normal value.
                                               the Department’s electronic records                       Dated: November 30, 2017.                           We invite interested parties to comment
                                               system, ACCESS.                                         Gary Taverman,                                        on these preliminary results.
                                                  Interested parties who wish to request               Deputy Assistant Secretary for Antidumping            DATES: Applicable December 6, 2017.
                                               a hearing must submit a written request                 and Countervailing Duty Operations,                   FOR FURTHER INFORMATION CONTACT:
                                               to the Assistant Secretary for                          performing the non-exclusive functions and            Andre Gziryan or Thomas Schauer, AD/
                                               Enforcement and Compliance, U.S.                        duties of the Assistant Secretary for                 CVD Operations, Office I, Enforcement
                                               Department of Commerce, using                           Enforcement and Compliance.                           and Compliance, International Trade
                                               Enforcement and Compliance’s ACCESS                                                                           Administration, U.S. Department of
                                                                                                       Appendix
                                               system, and an electronically filed                                                                           Commerce, 1401 Constitution Avenue
                                               request must be received successfully in                List of Topics Discussed in the Preliminary           NW., Washington DC 20230; telephone
                                               its entirety by ACCESS by 5:00 p.m.                     Decision Memorandum
                                                                                                                                                             (202) 482–2201 or (202) 482–0410,
                                               Eastern Standard Time, within 30 days                   1. Summary                                            respectively.
                                               of publication of this notice.14 Requests               2. Background
                                               should contain the party’s name,                        3. Extension of Preliminary Results                   Scope of the Order
                                                                                                       4. Scope of the Order
                                               address, and telephone number, the                      5. Duty Absorption
                                                                                                                                                                The merchandise subject to the order
                                               number of participants, and a list of the               6. Allegation of Particular Market Situation          is circular welded non-alloy steel pipe
                                               issues to be discussed. If a request for                7. Margin for Companies Not Selected for              and tube. Imports of the product are
                                               a hearing is made, we will inform                             Individual Examination                          currently classifiable in the Harmonized
                                               parties of the scheduled date for the                   8. Preliminary Determination of No                    Tariff Schedule of the United States
                                               hearing which will be held at the U.S.                        Shipments                                       (HTSUS) under subheadings
                                               Department of Commerce, 1401                            9. Discussion of Methodology                          7306.30.1000, 7306.30.5025,
                                               Constitution Avenue NW., Washington,                       Date of Sale                                       7306.30.5032, 7306.30.5040,
                                                                                                          Comparisons to Normal Value
                                               DC 20230, at a time and location to be                     Product Comparisons                                7306.30.5055, 7306.30.5085, and
                                               determined.15 Parties should confirm by                    Determination of Comparison Method                 7306.30.5090. While the HTSUS
                                               telephone the date, time, and location of                  Results of the Differential Pricing Analysis       subheadings are provided for
                                               the hearing two days before the                            Constructed Export Price                           convenience and customs purposes, the
                                               scheduled date.                                            Normal Value                                       written description is dispositive. A full
                                                  Unless the deadline is extended                         A. Home Market Viability                           description of the scope of the order is
                                               pursuant to section 751(a)(3)(A) of the                    B. Level of Trade                                  contained in the Preliminary Decision
                                               Act and 19 CFR 213(h)(2), the                              C. Sales to Affiliated Customers
                                                                                                          D. Cost of Production Analysis
                                                                                                                                                             Memorandum.1
                                               Department will issue the final results                    1. Calculation of Cost of Production (COP)
                                               of this administrative review, including                                                                      Methodology
                                                                                                          2. Test of Home Market Prices
                                               the results of our analysis of the issues                  3. Results of the COP Test                            The Department conducted this
                                                                                                          E. Calculation of Normal Value Based on            review in accordance with section 751
                                                 10 See Steel Concrete Reinforcing Bar from                  Comparison Market Prices                        of the Tariff Act of 1930, as amended
                                               Mexico: Final Determination of Sales at Less Than          F. Currency Conversion                             (the Act). Constructed export price is
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                                               Fair Value and Final Affirmative Determination of          Currency Conversion
                                               Critical Circumstances, 79 FR 54967 (September 15,      10. Recommendation                                      1 For a full description of the scope of the order,
                                               2014).
                                                 11 See 19 CFR 351.224(b).                             [FR Doc. 2017–26295 Filed 12–5–17; 8:45 am]           see Memorandum, ‘‘Decision Memorandum for the
                                                 12 See 19 CFR 351.309(d).
                                                                                                                                                             Preliminary Results of Antidumping Duty
                                                                                                       BILLING CODE 3510–DS–P
                                                                                                                                                             Administrative Review: Circular Welded Non-Alloy
                                                 13 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                             Steel Pipe from the Republic of Korea: 2015–2016,’’
                                                 14 See 19 CFR 351.310(c).                               16 See section 75l(a)(3)(A) of the Act and 19 CFR   dated concurrently with, and hereby adopted by
                                                 15 See 19 CFR 351.310.                                351.213(h).                                           this notice (Preliminary Decision Memorandum).



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Document Created: 2017-12-06 00:21:23
Document Modified: 2017-12-06 00:21:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable December 6, 2017.
ContactStephanie Moore, 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) 482-3692.
FR Citation82 FR 57581 

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