U.S. Agency Announces Dumping Margins in Rebar Trade Case
04/23/2014 - On 21 April 2014, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of steel concrete reinforcing bar from Mexico and Turkey.
The AD law provides U.S. businesses and workers with a transparent and internationally approved mechanism to seek relief from the market distorting effects caused by injurious dumping of imports into the United States, establishing an opportunity to compete on a level playing field. For the purpose of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than its fair value.
In the Mexico investigation, mandatory respondents Deacero S.A.P.I. de C.V. (formerly, Deacero S.A. de C.V.) and Grupo Acerero S.A. de C.V. received preliminary dumping margins of 20.59% and 66.70%, respectively. Grupo Acerero’s margin is based on adverse facts available because it failed to respond to the Department’s questionnaire. Voluntary respondent Grupo Simec received a preliminary dumping margin of 10.66%. All other producers/exporters in Mexico received a preliminary dumping margin of 20.59%.
In the Turkey investigation, mandatory respondents Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. received preliminary dumping margins of 0.00% and 2.64%, respectively. All other producers/exporters in Turkey received a preliminary dumping margin of 2.64%.
As a result of the preliminary affirmative determinations in these investigations, Commerce will instruct U.S. Customs and Border Protection (CBP) to require cash deposits based on the preliminary rate. Because we also found that affirmative critical circumstances exist, we will instruct CBP to impose provisional measures retroactively on certain entries of rebar from Mexico and Turkey up to 90 days prior to the publication of these determinations. However, because we preliminarily found that critical circumstances did not exist for Grupo Simec in Mexico and for Habas and Icdas in Turkey, Commerce will not instruct CBP to retrocactively impose provisional measures on entries from these companies.
The petitioner for these investigations is the Rebar Trade Action Coalition and its individual members: Nucor Corporation (N.C.), Gerdau Ameristeel U.S. Inc. (Fla.), Commercial Metals Company (Texas), Cascade Steel Rolling Mills, Inc. (Ore.), and Byer Steel Group, Inc. (Ohio).
The merchandise covered by the scope of these investigations 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). HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.
In 2013, imports of steel concrete reinforcing bar from Mexico and Turkey were valued at an estimated US$182.1 million and US$381.3 million, respectively.
Commerce is scheduled to announce its final determinations on or about 3 July 2014. This deadline may be extended.
If Commerce makes affirmative final determinations, and the U.S. International Trade Commission (ITC) makes affirmative final determinations that imports of steel concrete reinforcing bar from Mexico and/or Turkey materially injure, or threaten material injury to, the domestic industry, Commerce will issue AD orders. If either Commerce’s or the ITC’s final determination is negative, no AD orders will be issued. The ITC is scheduled to make its final injury determinations in August 2014.
In the Mexico investigation, mandatory respondents Deacero S.A.P.I. de C.V. (formerly, Deacero S.A. de C.V.) and Grupo Acerero S.A. de C.V. received preliminary dumping margins of 20.59% and 66.70%, respectively. Grupo Acerero’s margin is based on adverse facts available because it failed to respond to the Department’s questionnaire. Voluntary respondent Grupo Simec received a preliminary dumping margin of 10.66%. All other producers/exporters in Mexico received a preliminary dumping margin of 20.59%.
In the Turkey investigation, mandatory respondents Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. received preliminary dumping margins of 0.00% and 2.64%, respectively. All other producers/exporters in Turkey received a preliminary dumping margin of 2.64%.
As a result of the preliminary affirmative determinations in these investigations, Commerce will instruct U.S. Customs and Border Protection (CBP) to require cash deposits based on the preliminary rate. Because we also found that affirmative critical circumstances exist, we will instruct CBP to impose provisional measures retroactively on certain entries of rebar from Mexico and Turkey up to 90 days prior to the publication of these determinations. However, because we preliminarily found that critical circumstances did not exist for Grupo Simec in Mexico and for Habas and Icdas in Turkey, Commerce will not instruct CBP to retrocactively impose provisional measures on entries from these companies.
The petitioner for these investigations is the Rebar Trade Action Coalition and its individual members: Nucor Corporation (N.C.), Gerdau Ameristeel U.S. Inc. (Fla.), Commercial Metals Company (Texas), Cascade Steel Rolling Mills, Inc. (Ore.), and Byer Steel Group, Inc. (Ohio).
The merchandise covered by the scope of these investigations 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). HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.
In 2013, imports of steel concrete reinforcing bar from Mexico and Turkey were valued at an estimated US$182.1 million and US$381.3 million, respectively.
Commerce is scheduled to announce its final determinations on or about 3 July 2014. This deadline may be extended.
If Commerce makes affirmative final determinations, and the U.S. International Trade Commission (ITC) makes affirmative final determinations that imports of steel concrete reinforcing bar from Mexico and/or Turkey materially injure, or threaten material injury to, the domestic industry, Commerce will issue AD orders. If either Commerce’s or the ITC’s final determination is negative, no AD orders will be issued. The ITC is scheduled to make its final injury determinations in August 2014.
