[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31028-31030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13866]


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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that carbon 
and certain alloy steel wire rod (wire rod) from Mexico was sold in the 
United States at less than normal value (NV) during the period of 
review (POR) October 1, 2016 through September 30, 2017.

DATES: Applicable June 28, 2019.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington DC 20230; telephone: 202-482-8362.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2018, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ For a summary of events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce exercised its discretion to toll all deadlines 
affected by the partial federal government closure from December 22, 
2018 through the resumption of operations on January 29, 2019.\3\ On

[[Page 31029]]

February 12, 2019, Commerce extended the deadline for the final results 
to June 21, 2019.\4\
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56800 (November 14, 2018) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Carbon and 
Certain Alloy Steel Wire Rod from Mexico; 2016-2017,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
affected by the partial federal government closure have been 
extended by 40 days.
    \4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Extension of Time Limit for Final Results,'' dated 
February 12, 2019.
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Scope of the Order

    The merchandise subject to this order is carbon and certain alloy 
steel wire rod. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 
7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 
7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 
7227.90.6058, and 7227.90.6059. Although the HTS numbers are provided 
for convenience and customs purposes, the written product description 
remains dispositive.\5\
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    \5\ For a full description of the scope of the order, see the 
Issues and Decision Memorandum.
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Final Determination of No Shipments

    As stated in the Preliminary Results, we received a no shipment 
claim from ArcelorMittal Mexico S.A. de C.V. (AMM) (successor-in-
interest to ArcelorMittal Las Truchas, S.A. de C.V. (AMLT)) and we 
preliminarily determined that AMM/AMLT did not have any shipments 
during the POR.\6\ We received no comments from interested parties with 
respect to this claim and U.S. Customs and Border Protection (CBP) did 
not report that it had any information to contradict the claim. 
Therefore, because the record indicates that this company did not 
export subject merchandise to the United States during the POR, we 
continue to find that AMM/AMLT had no shipments during the POR. 
Accordingly, consistent with Commerce's practice, we intend to instruct 
CBP to liquidate any existing entries of subject merchandise made 
during the POR that were produced by AMM/AMLT, but exported by other 
parties without their own rate, at the all-others rate.\7\
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    \6\ See Preliminary Results, 83 FR at 56801.
    \7\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010); see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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 with 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 https://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the internet 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from parties, we 
have made certain revisions to the margin calculation for Deacero.\8\
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    \8\ See Issues and Decision Memorandum; see also Memorandum, 
``Carbon and Certain Alloy Steel Wire Rod from Mexico, 2016-2017: 
Deacero Final Results Sales Calculation Memorandum,'' dated 
concurrently with this notice; and Memorandum, ``Carbon and Certain 
Alloy Steel Wire Rod from Mexico, 2016-2017: Deacero Final Results 
Cost of Production Memorandum,'' dated concurrently with this 
notice.
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Application of Adverse Facts Available With Regard to Ternium

    Because Ternium failed to respond to Commerce's questionnaire, we 
continue to find that necessary information is not on the record and 
that Ternium withheld information that was requested, failed to provide 
the requested information within the established deadlines, 
significantly impeded this review, and failed to cooperate to the best 
of its ability to comply with Commerce's request for information in 
this review. As a result, we based Ternium's dumping margin on facts 
otherwise available with an adverse inference (AFA), in accordance with 
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.308.\9\ As AFA, we have assigned Ternium a dumping 
margin of 40.52 percent. For further discussion, see the Issues and 
Decision Memorandum.
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    \9\ For additional information, see Final Sales Calculation 
Memorandum at ``Use of Facts Available and Adverse Inferences'' 
section.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2016 through September 30, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Deacero S.A.P.I. de C.V.....................................        3.94
Ternium Mexico S.A. de C.V. (Ternium).......................       40.52
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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

    In accordance with the final results of this review, Commerce has 
determined, and CBP shall assess, antidumping duties on all appropriate 
entries pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b). Commerce intends to issue assessment instructions to CBP 41 
days after the date of publication of these final results of 
review.\10\ For Deacero and Ternium, we will instruct CBP to apply an 
assessment rate to all entries they produced and/or exported equal to 
the dumping margin indicated above. 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. 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. Additionally, because Commerce 
determined that AMM/AMLT had no shipments of subject merchandise during 
the POR, any suspended entries that entered under AMM/AMLT's case 
number (i.e., at that company's rate) will be liquidated at the all-
others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\11\
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    \10\ See 19 CFR 356.8(a).
    \11\ 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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[[Page 31030]]

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) The cash deposit rates for Deacero and Ternium will be 
the rates established in the final results of this administrative 
review; (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 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, 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.\12\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \12\ Id.
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Notification to Importers

    This notice 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the 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: June 21, 2019.
Jeffrey I. Kessler,
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. Use of Adverse Facts Available
V. Discussion of Comments
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to Deacero
    Comment 2: Whether Deacero's Reported Sales of Certain Wire Rod 
Products Were Made Outside the Ordinary Course of Trade
    Comment 3: Whether Commerce Should Remove the Sale of Certain 
Grades of Wire Rod from Deacero's Home Market and U.S. Sales 
Databases
    Comment 4: Whether Commerce Should Revise Deacero's Home Market 
Credit and Late Payment Expenses
    Comment 5: Whether to Use Mid Continent Steel & Wire, Inc.'s 
(Mid Continent) Revised General and Administrative (G&A) Expense 
Ratio
    Comment 6: Whether Commerce Should Correct Mid Continent's Cost 
Allocations Based on Machine Time Instead of Production Quantity
    Comment 7: Whether Commerce Erred in its Treatment of Deacero's 
Yield Losses in Calculating Further Manufacturing Cost
    Comment 8: Whether Commerce Erred in its Margin Calculations 
When it Merged Deacero's Further Manufacturing (FURMAN) Database 
with its U.S. Sales Database
VI. Recommendation

[FR Doc. 2019-13866 Filed 6-27-19; 8:45 am]
 BILLING CODE 3510-DS-P