Notice2024-06839
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021-2022
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
April 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) October 1, 2021, through September 30, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22388-22390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06839]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final
Results and Partial Rescission of the Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) October 1, 2021, through September 30, 2022.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, 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) 482-2352 and (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2023, Commerce published the Preliminary Results for
this administrative review and invited interested parties to
comment.\1\ This review covers two mandatory respondents selected for
individual examination, ArcelorMittal Mexico S.A. de C.V. (AMM) and
Deacero S.A.P.I de C.V. (Deacero).
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\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 76727 (November 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
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From November 13 through 17, 2023, we conducted a verification of
sales of certain alloy steel wire rod (wire rod) from Mexico for
Deacero in Monterrey, Mexico. On January 29, 2024, we received a case
brief from Nucor Corporation and Commercial Metal Company
(collectively, Nucor/CMC),\2\ and, subsequently, on February 5, 2024,
we received a rebuttal brief from Deacero.\3\ A complete summary of the
events that occurred since publication of the Preliminary Results is
found in the Issues and Decision Memorandum.\4\ Commerce conducted this
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
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\2\ See Nucor/CMC's Letter, ``Case Brief,'' dated January 29,
2024.
\3\ See Deacero's Letter, ``Rebuttal Brief,'' dated February 5,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from Mexico; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On March
6, 2023, Nucor/CMC withdrew their requests for review by the 90-day
deadline for: AMM; Grupo Villacero S.A de C.V. (Villacero); Talleres y
Aceros S.A. de C.V (Talleres y Aceros); and Ternium Mexico S.A. de C.V.
(Ternium).\5\ Nucor/CMC's request for review of Villacero, Talleres y
Aceros, and Ternium reflected the sole review request with respect to
each firm; accordingly, we are rescinding this administrative review
with respect to Villacero, Talleres y Aceros, and Ternium.
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\5\ See Nucor/CMC's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 6, 2023.
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Scope of the Order \6\
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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,
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510,
[[Page 22389]]
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.
For the full text of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties are addressed in the Issues and
Decision Memorandum. A list of the issues which parties raised, and to
which we respond in the Issues and Decision Memorandum, is attached 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
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received from interested parties regarding our Preliminary Results, we
made no changes to the preliminary weighted-average dumping margins
calculated for AMM and Deacero. Additionally, in its Preliminary
Results, Commerce inadvertently assigned a non-selected rate to certain
entities. As noted above, Commerce is rescinding the administrative
review for Villacero, Talleres y Aceros, and Ternium. For detailed
information, see the Issues and Decision Memorandum.
Final Results of Review
Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the period October 1, 2021, through
September 30, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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ArcelorMittal Mexico S.A. de C.V............................ 0.00
Deacero S.A.P.I. de C.V..................................... 0.70
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of those sales. Where the respondent did not report
entered value, we calculated a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total quantity associated
with those sales. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also calculated an importer-specific ad valorem ratio based on
estimated entered values. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), 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.\7\
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\7\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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For entries of subject merchandise during the POR produced by
Deacero or AMM for which they did not know their merchandise they sold
to an intermediary (e.g., a reseller, trading company, or exporter) 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.
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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For the companies for which this review is rescinded with these
final results, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period October 1, 2021, through
September 30, 2022, in accordance with 19 CFR 351.212(c)(l)(i).
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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the companies listed above will
be equal to the weighted-average dumping margins established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed 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 has been covered in a prior complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 20.11 percent.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\9\ 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 22390]]
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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221(b)(5).
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether the Application of Adverse Facts Available
(AFA) to Deacero Is Warranted
Comment 2: Whether Commerce Should Rescind the Review for
Certain Non-Selected Companies
Comment 3: Whether Commerce Should Instruct U.S. Customs and
Border Protection (CBP) To Liquidate Entries for Certain Producers
at the All-Others Rate
VI. Recommendation
[FR Doc. 2024-06839 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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