[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46179-46181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17650]


-----------------------------------------------------------------------

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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
carbon and certain alloy steel wire rod (wire rod) from Mexico were 
made at less than normal value (NV) during the period of review (POR), 
October 1, 2018, through September 30, 2019.

DATES: Applicable August 18, 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 February 12, 2021, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Deacero S.A.P.I de C.V. 
(Deacero) was selected for individual examination as a mandatory 
respondent in this review. We received case briefs from Deacero and 
Nucor Corporation (Nucor, or the petitioner).\2\ Subsequently, we 
received a rebuttal brief from the petitioner and a letter in lieu of a 
rebuttal brief from Deacero.\3\ On May 27, 2021, we extended the 
deadline for the final results of the administrative review until 
August 11, 2021.\4\ A complete summary of the events that occurred 
since publication of the Preliminary Results is found in the Issues and 
Decision Memorandum.\5\ Commerce conducted this review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments, and Partial Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 9322 
(February 12, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Deacero's Letter, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico--Case Brief,'' dated March 15, 2021; and Nucor's 
Letter, ``Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Resubmission of Nucor's Rebuttal {sic{time}  Brief,'' dated April 5, 
2021.
    \3\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico--Rebuttal Brief,'' dated March 29, 2021; and 
Deacero's Letter, ``Carbon and Certain Alloy Steel Wire Rod from 
Mexico--Letter in Lieu of Rebuttal Case Brief,'' dated March 29, 
2021.
    \4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' dated May 27, 2021.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results, 
and Final Determination of No Shipments, 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 6
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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,

[[Page 46180]]

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 
Issues and Decision Memorandum.

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 by 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    Based on the receipt of updated sales information filed subsequent 
to the Preliminary Results, as well as our analysis of the comments 
received from parties, we have made certain revisions to the margin 
calculation for Deacero.\7\ For detailed information, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Grupo Villacero S.A. de C.V. (Villacero) made no shipments of subject 
merchandise during the POR.\8\ As we have not received any information 
to contradict this determination, nor comment in opposition to our 
preliminary finding, we continue to determine that Villacero made no 
shipments of subject merchandise during the POR. Consistent with our 
practice, we will instruct U.S. Customs and Border Protection (CBP) to 
liquidate any existing entries of subject merchandise produced by 
Villacero, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 86 FR at 9323 and accompanying PDM 
at 5-6.
---------------------------------------------------------------------------

Rates for Respondents Not Selected for Individual Examination

    Commerce did not select the following companies for individual 
examination: Talleres y Aceros S.A. de C.V. (Talleres y Aceros), and 
Ternium Mexico S.A. de C.V. (Ternium). Further, neither of these firms: 
Was the subject of a withdrawal of request for review; requested to 
participate as a voluntary respondent; submitted a claim of no 
shipments; nor was not otherwise collapsed with a mandatory respondent. 
As such, these companies remain respondents not selected for individual 
examination. As explained in the Issues and Decision Memorandum, we 
have assigned to Talleres y Aceros and Ternium the weighted-average 
dumping margin calculated for Deacero.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2018 through September 30, 
2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V......................................        9.82
Talleres y Aceros S.A. de C.V...............................        9.82
Ternium Mexico S.A. de C.V..................................        9.82
------------------------------------------------------------------------

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

    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 final results of this review.
    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 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 final results of review.\9\
---------------------------------------------------------------------------

    \9\ See 19 CFR 356.8(a).
---------------------------------------------------------------------------

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) 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.\10\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Order, 67 FR at 65947.
---------------------------------------------------------------------------

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 46181]]

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(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: August 11, 2021.
Christian Marsh,
Acting 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. Final Determination of No Shipments
V. Margin for Companies Not Selected for Individual Examination
VI. Changes Since the Preliminary Results
VII. Discussion of Comments
    Comment 1: Whether Commerce Should Treat Section 232 Duties as 
United States Import Duties and Whether Commerce Made a Clerical 
Error When Deducting Section 232 Duties from U.S. Price
    Comment 2: Whether Commerce Made a Clerical Error Regarding the 
Treatment of Early Payment Discounts
    Comment 3: Whether Commerce Made a Clerical Error Regarding the 
Selection of Customer Code
VIII. Recommendation

[FR Doc. 2021-17650 Filed 8-17-21; 8:45 am]
BILLING CODE 3510-DS-P