[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51121-51122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19710]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended 
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) is amending the final 
results of the administrative review of the antidumping duty order on 
carbon and certain alloy steel wire rod (wire rod) from Mexico to 
correct a ministerial error. The period of review (POR) is October 1, 
2018, through September 30, 2019.

DATES: Applicable September 14, 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.

Background

    On August 16, 2021, Commerce disclosed its calculations for the 
Final Results \1\ to interested parties.\2\ On August 23, 2021, we 
received a ministerial error allegation from Nucor Corporation (Nucor), 
a domestic interested party, regarding Commerce's home market program 
calculations.\3\ No other party made an allegation of ministerial 
errors or submitted a reply to Nucor's ministerial error allegation.
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Final Results of Antidumping Duty Administrative Review, and Final 
Determination of No Shipments; 2018-2019, 86 FR 46179 (August 18, 
2021) (Final Results).
    \2\ See Memorandum, ``Final Calculation Memorandum for Deacero 
S.A.P.I. de C.V. and Deacero USA, Inc.,'' dated August 11, 2021.
    \3\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico: Ministerial Error Comments,'' dated August 23, 
2021.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . . .''

Ministerial Error

    Commerce agrees with Nucor that Commerce made an inadvertent, 
unintentional error in the Final Results within the meaning of section 
751(h) of the Act and 19 CFR 351.224(f) with respect to treatment of 
reported late payment fees in the margin calculation for the sole 
mandatory respondent, Deacero S.A.P.I de C.V. (Deacero). Accordingly, 
Commerce determines that, in accordance with section 751(h) of the Act 
and 19 CFR 351.224(f), it made a ministerial error in the Final 
Results.
    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\4\ The Ministerial Error 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.
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    \4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Allegation of a Ministerial Error in the Antidumping 
Administrative Review; 2018-2019 Final Results,'' dated concurrently 
with this memorandum (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of a ministerial error in the 
calculation of the weighted-average dumping margin assigned to Deacero 
in the Final Results, which changes from 9.82 percent to 9.84 percent. 
Furthermore, we are revising the review-specific, weighted-average 
dumping margin applicable to the companies not selected for individual 
examination in this administrative review, Talleres y Aceros S.A. de 
C.V. (Talleres y Aceros), and Ternium Mexico S.A. de C.V. (Ternium), 
which is based entirely on Deacero's weighted-average dumping 
margin.\5\
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    \5\ See Final Results, 86 FR at 46180.
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Amended Final Results

    As a result of correcting the ministerial error, 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......................................        9.84
Talleres y Aceros S.A. de C.V...............................        9.84
Ternium Mexico S.A. de C.V..................................        9.84
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these amended 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 amended final results of this review.
    For Deacero, Commerce has calculated importer-specific antidumping 
duty assessment rates by

[[Page 51122]]

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 amended final results of review.\6\
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    \6\ See 19 CFR 356.8(a).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after August 18, 2021, 
the publication date 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.\7\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ 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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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 
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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: September 7, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19710 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DS-P