Notice2021-16982
Standard Steel Welded Wire Mesh From Mexico: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on the affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing an antidumping duty (AD) order on standard steel welded wire mesh (wire mesh) from Mexico.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43525-43527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16982]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-853]
Standard Steel Welded Wire Mesh From Mexico: Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing an antidumping duty (AD) order on
standard steel welded wire mesh (wire mesh) from Mexico.
DATES: Applicable August 9, 2021.
FOR FURTHER INFORMATION CONTACT: Melissa Kinter or Alice Maldonado, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1413 or (202)
482-4682, respectively.
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 June 23, 2021,
Commerce published its affirmative final determination in the less-
than-fair-value (LTFV) investigation of wire mesh from Mexico.\1\ On
July 30, 2021, the ITC notified Commerce of its final affirmative
determination that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of the LTFV imports of wire mesh from Mexico.\2\
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\1\ See Standard Steel Welded Wire Mesh from Mexico: Final
Determination of Sales at Less-Than-Fair-Value Investigation, 86 FR
32891 (June 23, 2021).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated July 30, 2021.
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Scope of the Order
The merchandise covered by this order is wire mesh from Mexico. For
a complete description of the scope of the order, see the appendix to
this notice.
Antidumping Duty Order
On July 30, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of imports of wire mesh from Mexico.\3\ Therefore, Commerce is issuing
this AD order in accordance with sections 735(c)(2) and 736 of the Act.
Because the ITC determined that imports of wire mesh from Mexico are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Mexico, which are entered or withdrawn from warehouse
for consumption, are subject to the assessment of antidumping duties.
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\3\ Id.
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As a result of the ITC's final affirmative determination, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise for all relevant entries of wire mesh from
Mexico. For entries of wire mesh from Mexico, the cash deposits for
estimated antidumping duties have been adjusted for export subsidies
found in the final determination of the companion
[[Page 43526]]
countervailing duty (CVD) investigation.\4\ Antidumping duties will be
assessed on unliquidated entries of wire mesh from Mexico entered, or
withdrawn from warehouse, for consumption on or after February 1, 2021,
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 publication in the Federal Register of the
ITC's injury determination, as further described below.
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\4\ See Standard Steel Welded Wire Mesh from Mexico: Final
Affirmative Countervailing Duty Determination, 86 FR 10034 (February
18, 2021) (CVD Final Determination).
\5\ See Standard Steel Welded Wire Mesh from Mexico: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and, Extension of Provisional
Measures, 86 FR 7710 (February 1, 2021) (Preliminary Determination).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation on all relevant entries of wire
mesh from Mexico as described in the appendix to this notice which are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination in the
Federal Register. These instructions suspending liquidation will remain
in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register 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 equal to the cash deposit for estimated antidumping duties
based on the ad valorem cash deposit rates listed below.\6\ The
relevant all-others rate applies to all producers or exporters not
specifically listed, as appropriate.
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\6\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for the AD order are
as follows:
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average subsidy
dumping margin offset(s))
(percent) (percent) \7\
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Aceromex, S.A. de C.V............. 23.04 22.01
Deacero S.A.P.I. de C.V........... 110.42 109.39
All Others........................ 23.04 22.01
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Provisional Measures
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\7\ In the companion CVD investigation, Commerce calculated a
1.03 percent export subsidy rate for Aceromex, S.A. de C.V.
(Aceromex) and for all other producers and exporters under the
program ``Eighth Rule Permit Program.'' See CVD Final Determination,
and accompanying Issues and Decision Memorandum at 10. Because we
determined the LTFV all-others rate based on Aceromex's estimated
weighted-average dumping margin, the export subsidy offset for all
other producers and exporters is the lesser of the export subsidy
rate for Aceromex and the export subsidy rate for all other
producers and exporters in the CVD preliminary determination (i.e.,
1.03 percent). The cash deposit rate for Deacero S.A.P.I. de C.V. is
equal to the petition rate (110.42 percent) adjusted for the lowest
rate of export subsidies found for any company in the most recently-
completed segment in the companion CVD proceeding (i.e., 1.03
percent related to the Eighth Rule Permit Program).
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Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. At the request of exporters that account for a
significant proportion of exports of wire mesh from Mexico, we extended
the four-month period to six months in the Preliminary Determination
published on February 1, 2021.
The extended provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on July 30, 2021.
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 wire mesh from Mexico entered, or withdrawn
from warehouse, for consumption after July 30, 2021, the final day
provisional measures were in effect, 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 the date of publication of the ITC's final determination in
the Federal Register.
Notification to Interested Parties
This notice constitutes the AD order with respect to wire mesh from
Mexico pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigation
The merchandise covered by this investigation is uncoated
standard welded steel reinforcement wire mesh (wire mesh) produced
from smooth or deformed wire. Subject wire mesh is produced in
square and rectangular grids of uniformly spaced steel wires that
are welded at all intersections. Sizes are specified by combining
the spacing of the wires in inches or millimeters and the wire
cross-sectional area in hundredths of square inch or millimeters
squared. Subject wire mesh may be packaged and sold in rolls or in
sheets.
Subject wire mesh is currently produced to ASTM specification
A1064/A1064M, which covers carbon-steel wire and welded wire
reinforcement, smooth and deformed, for concrete in the following
seven styles:
1. 6X6 W1.4/W1.4 or D1.4/D1.4
2. 6X6 W2.1/W2.1 or D2.1/D2.1
3. 6X6 W2.9/W2.9 or D2.9/D2.9
4. 6X6 W4/W4 or D4/D4
5. 6X12 W4/W4 or D4/D4
6. 4X4 W2.9/W2.9 or D2.9/D2.9
7. 4X4 W4/W4 or D4/D4
The first number in the style denotes the nominal spacing
between the longitudinal wires and the second number denotes the
nominal spacing between the transverse wires. In the first style
listed above, for example, ``6X6'' denotes a grid size of six inches
by six inches. ``W'' denotes the use of smooth wire, and ``D''
denotes the use of deformed wire in making the mesh. The number
following the W or D denotes the nominal cross-sectional area of the
transverse and longitudinal wires in hundredths of a
[[Page 43527]]
square inch (i.e., W1.4 or D1.4 is .014 square inches).
Smooth wire is wire that has a uniform cross-sectional diameter
throughout the length of the wire.
Deformed wire is wire with indentations or raised transverse
ribs, which results in wire that does not have a uniform cross-
sectional diameter throughout the length of the wire.
Rolls of subject wire mesh are produced in the following styles
and nominal width and length combinations:
Style: 6X6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 gauge)
Roll Sizes:
5' X 50'
5' X 150'
6' X 150'
5' X 200'
7' X 200'
7.5' X 200'
Style: 6X6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 gauge)
Roll Sizes:
5' X 150'
Style: 6X6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Roll Sizes:
5' X 150'
7' X 200'
All rolled wire mesh is included in scope regardless of length.
Sheets of subject wire mesh are produced in the following styles
and nominal width and length combinations:
Style: 6X6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 gauge)
Sheet Size:
3'6'' X 7'
4' X 7'
4' X 7'6''
5' X 10'
7' X 20'
7'6'' X 20'
8' X 12'6''
8' X 15'
8' X 20'
Style: 6X6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 gauge)
Sheet Size:
5' X 10'
7' X 20'
7'6'' X 20'
8' X 12'6''
8' X 15'
8' X 20'
Style: 6X6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Sheet Size:
3'6'' X 20'
5' X 10'
7' X 20'
7'6'' X 20'
8' X 12'6''
8' X 15'
8' X 20'
Style: 6X12 W4/W4 or D4/D4 (i.e., 4 gauge)
Sheet Size:
8' X 20'
Style: 4X4 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Sheet Size:
5' X 10'
7' X 20'
7'6'' X 20'
8' X 12'6''
8' X 12'8''
8' X 15'
8' X 20'
Style: 4X4 W4/W4 or D4/D4 (i.e., 4 gauge)
Sheet Size:
5' X 10'
8' X 12'6''
8' X 12'8''
8' X 15'
8' X 20'
Any product imported, sold, or invoiced in one of these size
combinations is within the scope.
ASTM specification A1064/A1064M provides for permissible
variations in wire gauges, the spacing between transverse and
longitudinal wires, and the length and width combinations. To the
extent a roll or sheet of welded wire mesh falls within these
permissible variations, it is within this scope.
ASTM specification A1064/A1064M also defines permissible
oversteeling, which is the use of a heavier gauge wire with a larger
cross-sectional area than nominally specified. It also permits a
wire diameter tolerance of <plus-minus> 0.003 inches for products up
to W5/D5 and <plus-minus> 0.004 for sizes over W5/D5. A producer may
oversteel by increasing smooth or deformed wire diameter up to two
whole number size increments on Table 1 of A1064. Subject wire mesh
has the following actual wire diameter ranges, which account for
both oversteeling and diameter tolerance:
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Maximum
W/D No. oversteeling Diameter range
No. (inch)
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1.4 (i.e., 10 gauge).............. 3.4 0.093 to 0.211.
2.1 (i.e., 8 gauge)............... 4.1 0.161 to 0.231.
2.9 (i.e., 6 gauge)............... 4.9 0.189 to 0.253.
4.0 (i.e., 4 gauge)............... 6.0 0.223 to 0.280.
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To the extent a roll or sheet of welded wire mesh falls within
the permissible variations provided above, it is within this scope.
In addition to the tolerances permitted in ASTM specification
A1064/A1064M, wire mesh within this scope includes combinations
where:
1. A width and/or length combination varies by <plus-minus> one
grid size in any direction, i.e., <plus-minus> 6 inches in length or
width where the wire mesh's grid size is ``6X6''; and/or
2. The center-to-center spacing between individual wires may
vary by up to one quarter of an inch from the nominal grid size
specified.
Length is measured from the ends of any wire and width is
measured between the center-line of end longitudinal wires.
Additionally, although the subject wire mesh typically meets
ASTM A1064/A1064M, the failure to include certifications, test
reports or other documentation establishing that the product meets
this specification does not remove the product from the scope. Wire
mesh made to comparable foreign specifications (e.g., DIN, JIS,
etc.) or proprietary specifications is included in the scope.
Excluded from the scope is wire mesh that is galvanized (i.e.,
coated with zinc) or coated with an epoxy coating. In order to be
excluded as galvanized, the excluded welded wire mesh must have a
zinc coating thickness meeting the requirements of ASTM
specification A641/A641M. Epoxy coating is a mix of epoxy resin and
hardener that can be applied to the surface of steel wire.
Merchandise subject to this investigation are classified under
Harmonized Tariff Schedule of the United States (HTSUS) categories
7314.20.0000 and 7314.39.0000. While HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
[FR Doc. 2021-16982 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.