[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 65925-65926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26411]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-844]
Steel Concrete Reinforcing Bar From Mexico: Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative final determination by the Department
of Commerce (the Department) and the International Trade Commission
(ITC), the Department is issuing an antidumping duty (AD) order on
steel concrete reinforcing bar (rebar) from Mexico.
DATES: Effective Date: November 6, 2014.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Joy Zhang, Office
III, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 or (202) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on September 15,
2014, the Department published its affirmative final determination of
sales at less-than-fair-value (LTFV) in the antidumping duty
investigation of rebar from Mexico.\1\ On October 28, 2014, the ITC
notified the Department of its final determination, pursuant to
sections 735(b)(1)(A)(i) and section 735(d) of the Act, that an
industry in the United States is materially injured by reason of LTFV
imports of rebar from Mexico.\2\ The ITC also determined that critical
circumstances do not exist.\3\
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\1\ 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) (Final Determination).
\2\ See Steel Concrete Reinforcing Bar From Mexico and Turkey,
Investigation Nos. 701-TA-502 and 731-TA-1227 (Final), USITC
Publication 4496, (October 2014).
\3\ Id.
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Scope of the Order
The merchandise subject to this order is steel concrete reinforcing
bar imported in either straight length or coil form (rebar) regardless
of metallurgy, length, diameter, or grade. The subject merchandise is
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and
7228.30.8010.
The subject merchandise may also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000, 7221.00.0015, 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.
Specifically excluded are plain rounds (i.e., non-deformed or smooth
rebar). Also excluded from the scope is deformed steel wire meeting
ASTM A1064/A1064M with no bar markings (e.g., mill mark, size or grade)
and without being subject to an elongation test. HTSUS numbers are
provided for convenience and customs purposes; however, the written
description of the scope remains dispositive.
Antidumping Duty Order
As stated above, on October, 28, 2014, in accordance with section
745(d) of the Act, the ITC notified the Department of
[[Page 65926]]
its final determination in which it found that an industry in the
United States is materially injured by reason of imports of rebar from
Mexico.\4\ Therefore, in accordance with section 735(c)(2) of the Act,
we are publishing this AD order.
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\4\ Id.
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Further, pursuant to section 736(a) of the Act, the Department will
direct U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by the Department, AD duties equal to the amounts listed
below for all relevant entries of rebar from Mexico entered, or
withdrawn from warehouse, for consumption on or after April 24, 2014,
the date of publication of the Preliminary Determination,\5\ but will
not include entries occurring after the expiration of the provisional
measures period and before the publication of the ITC's final injury
determination as further described below.
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\5\ See Steel Concrete Reinforcing Bar From Mexico: Preliminary
Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 22802 (April 24, 2014)
(Preliminary Determination).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, we will instruct CBP to
continue to suspend liquidation on all entries of rebar from Mexico. We
will also instruct CBP to require cash deposits at rates equal to the
estimated weighted-average dumping margins indicated below. These
instructions suspending liquidation will remain in effect until further
notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit at rates equal to the estimated
weighted-average dumping margins listed below.\6\ The relevant all-
others rate applies to all producers or exporters not specifically
listed.
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\6\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of rebar from Mexico, we extended the four-month period to
no more than six months.\7\ The Department published the Preliminary
Determination in the underlying investigation on April 24, 2014.
Therefore, the six-month period beginning on the date of publication of
the preliminary determination ended on October 21, 2014. Furthermore,
section 737(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
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\7\ See letter from Deacero S.A.P.I. de C.V. and Deacero USA,
Inc., titled, ``Steel Concrete Reinforcing Bar (``Rebar'') From
Mexico: Request To Postpone the Final Determination,'' dated April
15, 2014.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of rebar from Mexico, entered, or withdrawn from
warehouse, for consumption on or after October 21, 2014, the date the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on or after the
date of publication of the ITC's final injury determination in the
Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Deacero S.A.P.I. de C.V.................................... 20.58
Grupo Acerero S.A. de C.V.................................. 66.70
Grupo Simec................................................ 66.70
All Others................................................. 20.58
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of rebar from Mexico, the Department will
instruct CBP to lift suspension and refund any cash deposit made to
secure payment of estimated antidumping duties with respect to entries
of the merchandise entered, or withdrawn from warehouse, for
consumption on or after January 24, 2014, (i.e., 90 days prior to the
publication date of the Preliminary Determination) but before April 24,
2014, the publication date of the Preliminary Determination.
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
rebar from Mexico pursuant to section 736(a) of the Act. Interested
parties can find a list of antidumping duty orders currently in effect
at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-26411 Filed 11-5-14; 8:45 am]
BILLING CODE 3510-DS-P