Notice2021-17650
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review, and Final Determination of No Shipments; 2018-2019
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 18, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that sales of carbon and certain alloy steel wire rod (wire rod) from Mexico were made at less than normal value (NV) during the period of review (POR), October 1, 2018, through September 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46179-46181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17650]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final
Results of Antidumping Duty Administrative Review, and Final
Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
carbon and certain alloy steel wire rod (wire rod) from Mexico were
made at less than normal value (NV) during the period of review (POR),
October 1, 2018, through September 30, 2019.
DATES: Applicable August 18, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, 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) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
On February 12, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Deacero S.A.P.I de C.V.
(Deacero) was selected for individual examination as a mandatory
respondent in this review. We received case briefs from Deacero and
Nucor Corporation (Nucor, or the petitioner).\2\ Subsequently, we
received a rebuttal brief from the petitioner and a letter in lieu of a
rebuttal brief from Deacero.\3\ On May 27, 2021, we extended the
deadline for the final results of the administrative review until
August 11, 2021.\4\ A complete summary of the events that occurred
since publication of the Preliminary Results is found in the Issues and
Decision Memorandum.\5\ Commerce conducted this review in accordance
with section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Partial Rescission of
Antidumping Duty Administrative Review; 2018-2019, 86 FR 9322
(February 12, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Deacero's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico--Case Brief,'' dated March 15, 2021; and Nucor's
Letter, ``Carbon and Certain Alloy Steel Wire Rod from Mexico:
Resubmission of Nucor's Rebuttal {sic{time} Brief,'' dated April 5,
2021.
\3\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico--Rebuttal Brief,'' dated March 29, 2021; and
Deacero's Letter, ``Carbon and Certain Alloy Steel Wire Rod from
Mexico--Letter in Lieu of Rebuttal Case Brief,'' dated March 29,
2021.
\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated May 27, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Final Results,
and Final Determination of No Shipments, of the 2018-2019
Administrative Review of the Antidumping Duty Order on Carbon and
Certain Alloy Steel Wire Rod from Mexico,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ See Notice of Antidumping Duty Orders: Carbon and Certain
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
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The merchandise subject to the Order is wire rod, in coils, of
approximately round cross section, 5.00 mm or more, but less than 19.00
mm, in solid cross-sectional diameter. The subject merchandise is
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) primarily under the subheadings: 7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091,
[[Page 46180]]
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590,
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031,
7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020,
7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and
7227.90.6085. The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description remains
dispositive.
A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted by this
notice. The issues are identified in the appendix to this notice. The
Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Changes Since the Preliminary Results
Based on the receipt of updated sales information filed subsequent
to the Preliminary Results, as well as our analysis of the comments
received from parties, we have made certain revisions to the margin
calculation for Deacero.\7\ For detailed information, see the Issues
and Decision Memorandum.
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\7\ See Issues and Decision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Grupo Villacero S.A. de C.V. (Villacero) made no shipments of subject
merchandise during the POR.\8\ As we have not received any information
to contradict this determination, nor comment in opposition to our
preliminary finding, we continue to determine that Villacero made no
shipments of subject merchandise during the POR. Consistent with our
practice, we will instruct U.S. Customs and Border Protection (CBP) to
liquidate any existing entries of subject merchandise produced by
Villacero, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.
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\8\ See Preliminary Results, 86 FR at 9323 and accompanying PDM
at 5-6.
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Rates for Respondents Not Selected for Individual Examination
Commerce did not select the following companies for individual
examination: Talleres y Aceros S.A. de C.V. (Talleres y Aceros), and
Ternium Mexico S.A. de C.V. (Ternium). Further, neither of these firms:
Was the subject of a withdrawal of request for review; requested to
participate as a voluntary respondent; submitted a claim of no
shipments; nor was not otherwise collapsed with a mandatory respondent.
As such, these companies remain respondents not selected for individual
examination. As explained in the Issues and Decision Memorandum, we
have assigned to Talleres y Aceros and Ternium the weighted-average
dumping margin calculated for Deacero.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2018 through September 30,
2019:
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Weighted-
average
Producers/exporters dumping
margins
(percent)
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Deacero S.A.P.I de C.V...................................... 9.82
Talleres y Aceros S.A. de C.V............................... 9.82
Ternium Mexico S.A. de C.V.................................. 9.82
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
For Deacero, Commerce has calculated importer-specific antidumping
duty assessment rates by aggregating the total amount of dumping
calculated for the examined sales of each importer and dividing each of
these amounts by the total entered value associated with those sales in
accordance with 19 CFR 351.212(b)(1). Pursuant to 19 CFR 351.106(c)(2),
we will instruct CBP to liquidate without regard to antidumping duties
any entries for which the importer-specific assessment rate is zero or
de minimis. For entries of subject merchandise during the POR produced
by Deacero for which it did not know its 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. For the companies not
selected for individual examination, we will instruct CBP to apply an
assessment rate to all entries produced and/or exported by those
companies equal to the dumping margin indicated above. Commerce intends
to issue assessment instructions to CBP 41 days after the date of
publication of these final results of review.\9\
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\9\ See 19 CFR 356.8(a).
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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)
of the Act: (1) For producers or exporters covered in this
administrative review, the cash deposit rates will be the rates
established in the final results of this administrative review; (2) for
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
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation, but the producer
is, then the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 20.11 percent, the all-others rate established in the
investigation.\10\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\10\ See Order, 67 FR at 65947.
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Notification to Importers
This notice also serves as a final 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
[[Page 46181]]
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).
Dated: August 11, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Margin for Companies Not Selected for Individual Examination
VI. Changes Since the Preliminary Results
VII. Discussion of Comments
Comment 1: Whether Commerce Should Treat Section 232 Duties as
United States Import Duties and Whether Commerce Made a Clerical
Error When Deducting Section 232 Duties from U.S. Price
Comment 2: Whether Commerce Made a Clerical Error Regarding the
Treatment of Early Payment Discounts
Comment 3: Whether Commerce Made a Clerical Error Regarding the
Selection of Customer Code
VIII. Recommendation
[FR Doc. 2021-17650 Filed 8-17-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 18, 2021.
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