Notice2021-19710
Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended 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
September 14, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod (wire rod) from Mexico to correct a ministerial error. The period of review (POR) is October 1, 2018, through September 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51121-51122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19710]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended
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) is amending the final
results of the administrative review of the antidumping duty order on
carbon and certain alloy steel wire rod (wire rod) from Mexico to
correct a ministerial error. The period of review (POR) is October 1,
2018, through September 30, 2019.
DATES: Applicable September 14, 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.
Background
On August 16, 2021, Commerce disclosed its calculations for the
Final Results \1\ to interested parties.\2\ On August 23, 2021, we
received a ministerial error allegation from Nucor Corporation (Nucor),
a domestic interested party, regarding Commerce's home market program
calculations.\3\ No other party made an allegation of ministerial
errors or submitted a reply to Nucor's ministerial error allegation.
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\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Final Results of Antidumping Duty Administrative Review, and Final
Determination of No Shipments; 2018-2019, 86 FR 46179 (August 18,
2021) (Final Results).
\2\ See Memorandum, ``Final Calculation Memorandum for Deacero
S.A.P.I. de C.V. and Deacero USA, Inc.,'' dated August 11, 2021.
\3\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico: Ministerial Error Comments,'' dated August 23,
2021.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . . .''
Ministerial Error
Commerce agrees with Nucor that Commerce made an inadvertent,
unintentional error in the Final Results within the meaning of section
751(h) of the Act and 19 CFR 351.224(f) with respect to treatment of
reported late payment fees in the margin calculation for the sole
mandatory respondent, Deacero S.A.P.I de C.V. (Deacero). Accordingly,
Commerce determines that, in accordance with section 751(h) of the Act
and 19 CFR 351.224(f), it made a ministerial error in the Final
Results.
For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\4\ The Ministerial Error 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>.
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\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Allegation of a Ministerial Error in the Antidumping
Administrative Review; 2018-2019 Final Results,'' dated concurrently
with this memorandum (Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of a ministerial error in the
calculation of the weighted-average dumping margin assigned to Deacero
in the Final Results, which changes from 9.82 percent to 9.84 percent.
Furthermore, we are revising the review-specific, weighted-average
dumping margin applicable to the companies not selected for individual
examination in this administrative review, Talleres y Aceros S.A. de
C.V. (Talleres y Aceros), and Ternium Mexico S.A. de C.V. (Ternium),
which is based entirely on Deacero's weighted-average dumping
margin.\5\
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\5\ See Final Results, 86 FR at 46180.
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Amended Final Results
As a result of correcting the ministerial error, 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...................................... 9.84
Talleres y Aceros S.A. de C.V............................... 9.84
Ternium Mexico S.A. de C.V.................................. 9.84
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these amended 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 amended final results of this review.
For Deacero, Commerce has calculated importer-specific antidumping
duty assessment rates by
[[Page 51122]]
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 amended final results of review.\6\
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\6\ See 19 CFR 356.8(a).
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after August 18, 2021,
the publication date 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.\7\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ 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, 65947 (October 29,
2002).
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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
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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: September 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19710 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DS-P
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