[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60799-60801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24081]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review and Partial Recission 
of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of carbon and certain alloy steel wire rod (wire rod) from 
Mexico were made at less than normal value during the period of review 
(POR), October 1, 2019, through September 30, 2020. Further, Commerce 
is rescinding the administrative review, in part. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable November 4, 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 October 29, 2002, Commerce published the antidumping duty order 
on wire rod from Mexico in the Federal Register.\1\ On October 1, 2020, 
we published in the Federal Register a notice of opportunity to request 
an administrative review of the Order.\2\ On December 8, 2020, pursuant 
to section 751(a)(1) of the Act, Commerce initiated an administrative 
review of the Order.\3\ On June 14, 2021, Commerce extended the 
deadline for the preliminary results to October 29, 2021.\4\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\5\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 61926 (October 1, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation 
Notice). The Initiation Notice listed ArcelorMittal Las Truchas, 
S.A. de C.V. (AMLT) as one of the producers/exporters under review. 
Id. at 78993. However, Commerce later clarified that the initiation 
of the review with respect to AMLT was in error, as AMLT is no 
longer in operation and its assets have been sold to ArcelorMittal 
Mexico S.A. de C.V, and thus AMLT was not subject to the instant 
review. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 511, 512-13 n.5 (January 6, 2021).
    \4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated June 14, 2021.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Determination of No Shipments, and Partial 
Recission 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 
(Preliminary Decision Memorandum).
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Scope of the 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, 
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 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Nucor Corporation withdrew its request for an administrative review 
of Grupo Villacero S.A. de C.V. (Villacero) and Talleres y Aceros S.A. 
de C.V. (Talleres y Aceros).\6\ As no other party requested a review of 
Talleres y Aceros, and Villacero, we are therefore partially rescinding 
this administrative review with respect to Talleres y Aceros and 
Villacero pursuant to 19 CFR 351.213(d)(1). The review will continue 
with respect to Deacero S.A.P.I. de C.V. and Ternium Mexico S.A. de 
C.V.
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    \6\ See Nucor's Letter, ``Carbon and Alloy Steel Wire Rod from 
Mexico: Request for Withdrawal of Administrative Review Concerning 
AMLT,'' dated March 8, 2021.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price was calculated in accordance with section 772 
of the Act. Normal value was calculated in accordance with section 773 
of the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the POR:

[[Page 60800]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
               Manufacturer/producer/exporter                   dumping
                                                                margins
                                                               (percent)
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Deacero S.A.P.I. de C.V.....................................       26.12
Ternium Mexico S.A. de C.V..................................       26.12
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If the 
weighted-average dumping margin for Deacero S.A.P.I. de C.V. (Deacero) 
(i.e., the sole individually examined respondent in this review) is not 
zero or de minimis (i.e., less than 0.5 percent), we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\7\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.5 percent). Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, 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. 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 where 
applicable.
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    \7\ In the preliminary 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 Proceedings; Final Modification, 77 FR 
8101 (February 14, 2012).
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    For the company which was not selected for individual review (i.e., 
Ternium Mexico S.A. de C.V.), we will assign an assessment rate based 
on the weighted-average dumping margin calculated for the sole 
individually examined respondent in this review, Deacero. 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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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Deacero 
which did not know that its merchandise was destined for the United 
States, we will instruct CBP to liquidate entries not reviewed at the 
all-others rate of 20.11 percent \9\ if there is no rate for the 
intermediate company(ies) involved in the transaction. 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).
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    \9\ See Order, 67 FR at 65947.
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    For the companies for which this review is rescinded, Villacero and 
Talleres y Aceros, antidumping duties shall be assessed at rates equal 
to the cash deposit rate of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of this rescission notice in 
the Federal Register.

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 wire rod from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results, as provided by section 751(a)(2) of the Act: (1) The 
cash deposit rate for the firms listed above will be equal to the 
dumping margins established in the final results of this review, except 
if the ultimate rates are de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates will be zero; (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 recently completed segment of this proceeding in 
which the producer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original less-
than-fair-value investigation but the producer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of the proceeding 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 antidumping duty investigation.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Order, 67 FR at 65947.
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Disclosure

    We intend to disclose the calculations performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\11\
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    \11\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\13\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\14\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \14\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Notification to Importers

    This notice also serves as a preliminary 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

[[Page 60801]]

occurred and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: October 29, 2021.
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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Margin for Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-24081 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P