Notice2024-22113
Prestressed Concrete Steel Wire Strand From Mexico: Final Affirmative Determination of Circumvention of the 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
September 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of certain high carbon steel (HCS) wire that are produced in Mexico and assembled or completed into prestressed concrete steel wire strand (PC strand) in the United States are circumventing the antidumping duty (AD) order on PC strand from Mexico.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79252-79255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22113]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-831]
Prestressed Concrete Steel Wire Strand From Mexico: Final
Affirmative Determination of Circumvention of the Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain high carbon steel (HCS) wire that are produced in
Mexico and assembled or completed into prestressed concrete steel wire
strand (PC strand) in the United States are circumventing the
antidumping duty (AD) order on PC strand from Mexico.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9175.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2004, Commerce published in the Federal Register the
AD order on PC strand from Mexico.\1\ On July 31, 2023, pursuant to
section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.226(d)(1), Commerce initiated a country-wide circumvention
inquiry to determine whether imports of HCS wire from Mexico that is
assembled or completed into PC strand in the United States is
circumventing the Order and, accordingly, should be covered by the
scope of the Order.\2\ On April 2, 2024, Commerce published the
Preliminary Determination that imports of HCS wire that is produced in
Mexico and assembled or completed into PC strand in the United States
is circumventing the Order on a country-wide basis,
[[Page 79253]]
pursuant to section 781(a) of the Act.\3\ Between April 23 and 26,
2024, Commerce conducted on-site verification of the questionnaire
responses submitted by Aceros Camesa S.A. de C.V. (Camesa) and WireCo
WorldGroup (WireCo).\4\
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\1\ See Notice of Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from Mexico, 69 FR 4112 (January 28, 2004)
(Order).
\2\ See Prestressed Concrete Steel Wire Strand from Mexico:
Initiation of Circumvention Inquiry on the Antidumping Duty Order,
88 FR 49438 (July 31, 2023) (Initiation Notice). We note that in the
Initiation Notice, we stated that we are initiating this
circumvention inquiry pursuant to 19 CFR 351.226(d)(1)(ii). However,
this section was amended after the Initiation Notice was published,
therefore we reference the latest version of the regulation. See
Administrative Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67078
(September 29, 2023).
\3\ See Antidumping Duty Order on Prestressed Concrete Steel
Wire Strand from Mexico: Preliminary Affirmative Determination of
Circumvention, 89 FR 22668 (April 2, 2024) (Preliminary
Determination), and accompanying Preliminary Determination
Memorandum (PDM).
\4\ See Memorandum, ``Verification of the Questionnaire
Responses of WireCo and Camesa,'' dated May 20, 2024.
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On May 16, 2024, Commerce extended the deadline for issuing the
final determination in this inquiry.\5\ On July 22, 2024, Commerce
further extended the deadline for issuing the final determination in
this inquiry.\6\ Also on July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\7\ The
deadline for the final determination is now September 20, 2024. For a
summary of events that occurred since the Preliminary Determination, as
well as a full discussion of the issues raised by parties for
consideration in the final determination, see the Issues and Decision
Memorandum.\8\
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\5\ See Memorandum, ``Extension of Final Determination,'' dated
May 16, 2024.
\6\ See Memorandum, ``Second Extension of Final Determination,''
dated July 22, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Circumvention of the Antidumping Duty
Order on Prestressed Concrete Steel Wire Strand from Mexico,'' dated
concurrently with, and hereby adopted by, this notice.
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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 Memoranda can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The merchandise covered by this Order is PC strand. For a full
description of the scope of the Order, see the Issues and Decision
Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers certain HCS wire imported from
Mexico. The HCS wire has a high carbon content (i.e., 0.60-0.85
percent),\9\ is not heat treated, and has a diameter less than 4.50
millimeters. The HCS wire is assembled or completed in the United
States by stranding the HCS wire to produce PC strand of the type that
would be subject to the Order (inquiry merchandise).
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\9\ As discussed in Comment 6 of the Issues and Decision
Memorandum, we revised the scope of the inquiry merchandise in the
Preliminary Determination and re-affirm that revision in this final
determination.
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The inquiry merchandise is currently classifiable under HTSUS
subheading 7217.10.8090. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Importers of the subject HCS wire that will not be converted into
PC strand in the United States may certify that the HCS wire will not
be further processed into subject merchandise covered by the scope of
the Order. Failure to comply with the requisite certification
requirement may result in the merchandise being found subject to AD
duties.
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(a) of the Act, and 19 CFR 351.226.\10\ We have
continued to apply this methodology, without exception, and incorporate
by reference this description of the methodology, for our final
determination.
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\10\ See Preliminary Determination PDM for a full description of
the methodology.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice at Appendix I.
Based on our analysis of the comments received from interested parties,
we made no changes to our Preliminary Determination.
Final Circumvention Determination
We determine that Mexican-origin HCS wire produced by Deacero
S.A.P.I. de CV (Deacero) and assembled or completed into PC strand in
the United States is circumventing the Order. We also determine that
Mexican-origin HCS wire produced by Aceros Camesa S.A. de C.V. (Camesa)
is not assembled or completed into PC strand in the United States, and,
therefore, is not circumventing the Order. For a detailed explanation
of our determination, see the Preliminary Determination PDM and the
Issues and Decision Memorandum.
We also determine that U.S. imports of inquiry merchandise exported
from Mexico are circumventing the Order on a country-wide basis. As a
result, in accordance with section 781(a) of the Act, we determine that
this merchandise is covered by the Order.
See the ``Suspension of Liquidation and Cash Deposit Requirements''
section, below, for details regarding suspension of liquidation and
cash deposit requirements. See the ``Certifications'' and
``Certification Requirements'' sections, below, for details regarding
the use of certifications.
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determination of
circumvention for Mexico, in accordance with 19 CFR 351.226(l)(3) and
(m)(1)(ii), we will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation and require a cash deposit of estimated duties on
unliquidated entries of HCS wire completed or assembled into PC strand
in the United States that were entered, or withdrawn from warehouse,
for consumption on or after July 31, 2023, the date of publication of
the initiation of this circumvention inquiry in the Federal Register.
For exporters of HCS wire that have a company-specific cash deposit
rate under the Order, the cash deposit rate will be the company-
specific cash deposit rate established for that company in the most
recently completed segment of the proceeding. For exporters of HCS wire
that do not have a company-specific cash deposit rate under the Order,
the AD cash deposit rate will be the ``all-others'' rate (62.78
percent).\11\ The suspension of liquidation will remain in effect until
further notice.
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\11\ See Order.
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Certified Entries
Entries for which importers have met the certification requirements
described below and in Appendix II to this notice will not be subject
to suspension of liquidation, or the cash deposit requirements
described above. Failure to comply with the applicable requisite
certification requirements may result in the merchandise being subject
to AD duties.
Certification
To administer the country-wide affirmative determinations of
circumvention for Mexico, Commerce established importer certifications
which will permit importers to establish
[[Page 79254]]
that specific entries of HCS wire from Mexico are not subject to
suspension of liquidation or the collection of cash deposits pursuant
to this affirmative determination of circumvention because the
merchandise meets the requirements described in the certification (see
Appendix II to this notice).
Importers that claim that the entry of HCS wire is not subject to
suspension of liquidation or the collection of cash deposits based on
the end-use of such merchandise must complete the applicable
certification and meet the certification and documentation requirements
described below, as well as the requirements identified in the
certification.
Certification Requirements
Importers are required to complete and maintain the applicable
importer certification and retain all supporting documentation for the
certification. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as a broker, however, are not permitted to certify on
behalf of the importer.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all entries of HCS wire from Mexico that were entered, or
withdrawn from warehouse, for consumption during the period July 31,
2023, (the date of initiation of this circumvention inquiry), through
the date of publication of the Preliminary Determination in the Federal
Register (i.e., April 2, 2024), where the entry has not been liquidated
(and entries for which liquidation has not become final), the relevant
certification should already be complete and signed.
For unliquidated entries (and entries for which liquidation has not
become final) of HCS wire that were declared as non-AD/countervailing
duty (CVD) type entries (e.g., type 01) and entered, or withdrawn from
warehouse, for consumption in the United States during the period July
31, 2023 (the date of initiation of these circumvention inquiries),
through the date of publication of the Preliminary Determination in the
Federal Register (i.e., April 2, 2024), for which none of the above
certifications may be made, importers must file a Post Summary
Correction with CBP, in accordance with CBP's regulations, regarding
conversion of such entries from non-AD/CVD type entries to AD/CVD type
entries (e.g., type 01 to type 03). The importer should post cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties,
including AD and CVD duties.
If it is determined that an importer has not met the certification
and/or related documentation requirements for certain entries, Commerce
intends to instruct CBP to suspend, pursuant to this country-wide
affirmative determination of circumvention and the Order, all
unliquidated entries for which these requirements were not met and
require the importer to post applicable cash deposits equal to the
rates noted above.
Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or CVD order, finding, or suspended investigation, an interested party,
as defined in section 771(9) of the Act, may request, in accordance
with 19 CFR 351.213, that Commerce conduct an administrative review of
that AD or CVD order, finding, or suspended investigation. An
interested party who would like Commerce to conduct an administrative
review should wait until Commerce announces via the Federal Register
the next window during the anniversary month of the publication of the
Orders to submit such requests. The anniversary month for this Order is
January.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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
These determinations are issued and published in accordance with
section 781(a) of the Act and 19 CFR 351.226(g)(2).
Dated: September 20, 2024.
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 I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Discussion of the Issues
Comment 1: Whether the Scope of the Order Precludes an
Affirmative Determination of Circumvention
Comment 2: Whether HCS Wire Is a Part or Component Within the
Meaning of Section 781(a) of the Act
Comment 3: Whether Deacero USA Inc.'s Production Process Is
Minor or Insignificant
Comment 4: Whether the Value of the HCS Wire Imported From
Mexico Is a Significant Portion of the Total Value of the PC Strand
Sold in the United States
Comment 5: Whether Deacero's Increased Imports of HCS Wire
Support an Affirmative Circumvention Determination
Comment 6: Whether Commerce Lawfully Modified the Scope of the
Inquiry Merchandise
Comment 7: Whether To Exempt Camesa From the Certification
Process
VII. Recommendation
Appendix II
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
subject high-carbon steel (HCS) wire produced in Mexico that entered
under the entry summary number(s), identified below, and which is
covered by this certification. ``Direct personal knowledge'' refers
to the facts the certifying party is expected to have in its own
records. For example, the importer should have direct personal
knowledge of the exporter's and/or seller's identity and location.
[[Page 79255]]
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The imported subject-HCS wire covered by this certification was
imported by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The imported HCS wire covered by this certification was
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED{time} .
E. Select the appropriate statement below:
a. I have personal knowledge of the facts regarding the end-use
of the imported products covered by this certification because my
company is the end-user of the imported product covered by this
certification and I certify that the imported subject-HCS wire will
not be used to produce subject merchandise. ``Personal knowledge''
includes facts obtained from another party, (e.g., correspondence
received by the importer (or exporter) from the producer regarding
the source of the inputs used to produce the imported products).
b. I have personal knowledge of the facts regarding the end-use
of the imported product because my company is not the end-user of
the imported product covered by this certification. However, I have
been able to contact the end-user of the imported product and
confirm that it will not use this product to produce subject
merchandise. The end-user of the imported product is {COMPANY
NAME{time} located at {ADDRESS{time} . ``Personal knowledge''
includes facts obtained from another party (e.g., correspondence
received by the importer from the end-user of the product).
F. The imported subject-HCS wire covered by this certification
will not be further processed into prestressed concrete steel wire
strand (PC strand) in the United States.
G. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
H. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, product
specification sheets, production records, invoices, etc.) until the
later of: (1) the date that is five years after the latest entry
date of the entries covered by the certification; or (2) the date
that is three years after the conclusion of any litigation in United
States courts regarding such entries.
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the U.S. Department
of Commerce (Commerce), upon the request of either agency.
J. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
K. I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping duty order on PC strand from Mexico. I understand that
such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
L. I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
M. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
N. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2024-22113 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 27, 2024.
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