AD/CVD message 0084401 - Notice of preliminary determination of circumvention of the antidumping duty order on steel concrete reinforcing bar (rebar) from Mexico (A-201-844) produced and/or exported by Deacero S.A.P.I. de C.V.

0084401
Mar 24, 2020
Active

Effective Date: Oct 18, 2019

Cite as: 85 FR 15430 • Cite date: Mar 18, 2020

Category: Antidumping • Type: CSDEP • Sub type: CIRAF • Cases: A-201-844

1. On 03/18/2020, Commerce published in the Federal Register its notice of affirmative preliminary determination of circumvention of the antidumping duty (AD) duty order on steel concrete reinforcing bar (rebar) from Mexico (85 FR 15430).

2. Scope of the antidumping duty order:

The products covered by the order are 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, 7221.00.0017, 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.

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.

3. Scope of the anti-circumvention inquiry:

This anti-circumvention inquiry covers otherwise straight rebar bent on one or both ends (hooked rebar) from Mexico that is produced and/or exported by Deacero S.A.P.I. de C.V. (Deacero).

4. Commerce has preliminarily determined that imports of hooked rebar from Mexico produced and/or exported by Deacero, and otherwise meeting the description of in-scope merchandise, that were entered, or withdrawn from warehouse, for consumption, on or after 10/18/2019, are subject to the antidumping duty order on rebar from Mexico.

5. For unliquidated entries of hooked rebar from Mexico produced and/or exported by Deacero, and otherwise meeting the description of in-scope merchandise, that were entered, or withdrawn from warehouse, for consumption on or after 10/18/2019 (the date of initiation of this anticircumvention inquiry), CBP shall suspend liquidation of such entries and require a cash deposit equal at the applicable rate for shipments of merchandise produced and/or exported by Deacero S.A.P.I. de C.V. (A-201-844-001).

6. Certification Requirements

If an importer imports hooked rebar produced and/or exported by Deacero from Mexico and claims the merchandise does not fall within the scope of the Order, the importer is required to meet the certification and documentation requirements described below in order for no cash deposit to be required pursuant to the Order.

6a. Eligibility for the Certification

6a.(i) Importers of hooked rebar produced and/or exported by Deacero from Mexico are eligible for the certification process detailed below and in the preliminary determination.

6b. Certification Requirements:

6b.(i) For entries of hooked rebar from Mexico produced and/or exported by Deacero entered, or withdrawn from warehouse, for consumption on or after 10/18/2019 (the date of initiation of this anti-circumvention inquiry) for which the importer claims that the hooked rebar does not fall within the scope of the Order, the importer is required to meet the certification and documentation requirements detailed in the certification below in order for no suspension of liquidation and no cash deposit to be required for such entries.

6b.(ii) The importer is required to maintain sufficient documentation as indicated in the certifications supporting their certifications. The importer is required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries.

6b.(iii) Although the importer will not be required to submit the certification or supporting documentation to CBP as part of the entry process, the importer will be required to present the certification and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency.

6b.(iv) Agents of the importer, such as brokers, are not permitted to make this certification.Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker.

6b.(v) The claims made in the importer certification and any supporting documentation are subject to verification by Commerce and/or CBP.

6c. Certification Timing Requirements:

6c.(i) For hooked rebar from Mexico produced and/or exported by Deacero, or withdrawn from warehouse, for consumption during the period 10/18/2019, through 03/29/2020 for which certifications are required, importers have the option to complete: (a) a blanket certification covering multiple entries, (b) individual certifications for each entry, or (c) a combination thereof. Importer certifications for these entries should be completed, signed, and dated no later than 04/17/2020 (within 30 days of publication of the preliminary determination).

Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, in the importer certification the bullet that reads: "This certification was completed by the time of filing the entry summary," could be edited as follows: "The imports referenced herein entered before March 30, 2020. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention."

6c.(ii) For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as non-AD/CVD type entries (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period 10/18/2019 through 03/29/2020 (the date of initiation of this anti-circumvention inquiry through 30 days after the signature date of the preliminary determination of this anti-circumvention inquiry), for which a conversion from non-AD/CVD to AD/CVD type is required; importers should file a Post Summary Correction with U.S. Customs and Border Protection (CBP) (as appropriate, in accordance with CBP's regulations) regarding conversion of such entries to AD/CVD type entries (i.e., types 03, 06, 07, 34 and 38) and report those AD/CVD type entries using case number A-201-844-001. Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties.

6c.(iii) For subject merchandise shipped and/or entered, or withdrawn from warehouse, for consumption on or after 03/30/2020 (31 days after the signature date of the preliminary determination of this anti-circumvention inquiry), for which certifications are required:

-- the importer certification must be completed, signed and dated at or prior to the date of entry.

7. Certification

I hereby certify that:

My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {IMPORTING COMPANY};

I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the otherwise straight rebar bent on one or both ends (hooked rebar) from Mexico produced and/or exported by Deacero S.A.P.I. (Deacero) that entered under entry number(s), identified below, and which are covered by this certification. "Direct personal knowledge" for purposes of this certification refers to facts in records maintained by the importing company in the normal course of its business.

The hooked rebar covered by this certification was produced and/or exported by Deacero.

If the importer is acting on behalf of the first U.S. customer, complete this paragraph:

The hooked rebar from Mexico produced and/or exported by Deacero covered by this certification was imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.

The hooked rebar from Mexico produced and/or exported by Deacero covered by this certification was shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}.

I have personal knowledge of the facts regarding the production of otherwise straight rebar bent on one or both ends (hooked rebar) from Mexico produced and/or exported by Deacero identified below. "Personal knowledge" includes facts obtained from another party (e.g., correspondence received by the importer from the producer regarding the country of manufacture of the imported products).

The imports of hooked rebar have been sold in connection with a specific, identified construction project and produced according to an engineer's structural design, consistent with industry standards.

This certification applies to the following entries:
{Repeat this block as many times as necessary}

Producer:
Entry Summary #:
Entry Summary Line Item #:
Invoice #:
Invoice Line Item #:

I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries.

I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce).

I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.

I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, will result in a determination that all entries to which this certification applies are within the scope of the antidumping duty order on steel concrete reinforcing bar from Mexico. I understand that such finding could result in:

- suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;

- the requirement that the importer post applicable antidumping duty cash deposits (as appropriate) equal to the rates determined by Commerce; and

- the revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify future imports of steel concrete reinforcing bar from Mexico.

I understand that agents of the importer, such as brokers, are not permitted to make this certification.

This certification was completed at or prior to the time of entry.

I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.

Signature:

NAME OF COMPANY OFFICIAL:

TITLE:

DATE:

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII:JHE.)

9. There are no restrictions on the release of this information.

Alexander Amdur