Notice2021-24081
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Antidumping Duty Administrative Review; 2019-2020
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
November 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that sales of carbon and certain alloy steel wire rod (wire rod) from Mexico were made at less than normal value during the period of review (POR), October 1, 2019, through September 30, 2020. Further, Commerce is rescinding the administrative review, in part. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60799-60801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24081]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results of Antidumping Duty Administrative Review and Partial Recission
of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of carbon and certain alloy steel wire rod (wire rod) from
Mexico were made at less than normal value during the period of review
(POR), October 1, 2019, through September 30, 2020. Further, Commerce
is rescinding the administrative review, in part. We invite interested
parties to comment on these preliminary results.
DATES: Applicable November 4, 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 October 29, 2002, Commerce published the antidumping duty order
on wire rod from Mexico in the Federal Register.\1\ On October 1, 2020,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On December 8, 2020, pursuant
to section 751(a)(1) of the Act, Commerce initiated an administrative
review of the Order.\3\ On June 14, 2021, Commerce extended the
deadline for the preliminary results to October 29, 2021.\4\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\5\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 85 FR 61926 (October 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation
Notice). The Initiation Notice listed ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) as one of the producers/exporters under review.
Id. at 78993. However, Commerce later clarified that the initiation
of the review with respect to AMLT was in error, as AMLT is no
longer in operation and its assets have been sold to ArcelorMittal
Mexico S.A. de C.V, and thus AMLT was not subject to the instant
review. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511, 512-13 n.5 (January 6, 2021).
\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated June 14, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Determination of No Shipments, and Partial
Recission 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
(Preliminary Decision Memorandum).
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Scope of the Order
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,
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
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Nucor Corporation withdrew its request for an administrative review
of Grupo Villacero S.A. de C.V. (Villacero) and Talleres y Aceros S.A.
de C.V. (Talleres y Aceros).\6\ As no other party requested a review of
Talleres y Aceros, and Villacero, we are therefore partially rescinding
this administrative review with respect to Talleres y Aceros and
Villacero pursuant to 19 CFR 351.213(d)(1). The review will continue
with respect to Deacero S.A.P.I. de C.V. and Ternium Mexico S.A. de
C.V.
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\6\ See Nucor's Letter, ``Carbon and Alloy Steel Wire Rod from
Mexico: Request for Withdrawal of Administrative Review Concerning
AMLT,'' dated March 8, 2021.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Constructed export price was calculated in accordance with section 772
of the Act. Normal value was calculated in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
[[Page 60800]]
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Weighted-
average
Manufacturer/producer/exporter dumping
margins
(percent)
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Deacero S.A.P.I. de C.V..................................... 26.12
Ternium Mexico S.A. de C.V.................................. 26.12
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If the
weighted-average dumping margin for Deacero S.A.P.I. de C.V. (Deacero)
(i.e., the sole individually examined respondent in this review) is not
zero or de minimis (i.e., less than 0.5 percent), we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\7\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.5 percent). Where
either the respondent's weighted-average dumping margin is zero or de
minimis, or an importer-specific assessment rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review where
applicable.
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\7\ In the preliminary results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
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For the company which was not selected for individual review (i.e.,
Ternium Mexico S.A. de C.V.), we will assign an assessment rate based
on the weighted-average dumping margin calculated for the sole
individually examined respondent in this review, Deacero. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Deacero
which did not know that its merchandise was destined for the United
States, we will instruct CBP to liquidate entries not reviewed at the
all-others rate of 20.11 percent \9\ if there is no rate for the
intermediate company(ies) involved in the transaction. Commerce intends
to issue assessment instructions to CBP no earlier than 41 days after
the date of publication of the final results of this review in the
Federal Register, in accordance with 19 CFR 356.8(a).
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\9\ See Order, 67 FR at 65947.
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For the companies for which this review is rescinded, Villacero and
Talleres y Aceros, antidumping duties shall be assessed at rates equal
to the cash deposit rate of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption.
Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of this rescission notice in
the Federal Register.
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 wire rod from Mexico entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results, as provided by section 751(a)(2) of the Act: (1) The
cash deposit rate for the firms listed above will be equal to the
dumping margins established in the final results of this review, except
if the ultimate rates are de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rates will be zero; (2)
for merchandise exported by 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 recently completed segment of this proceeding in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less-
than-fair-value investigation but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of the proceeding 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 antidumping duty 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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Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\11\
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\11\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\13\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
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\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\14\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Notification to Importers
This notice also serves as a preliminary 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
[[Page 60801]]
occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Margin for Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-24081 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 4, 2021.
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