[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22388-22390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06839]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Final 
Results and Partial Rescission of the Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers/exporters subject to this review made sales of subject 
merchandise at less than normal value (NV) during the period of review 
(POR) October 1, 2021, through September 30, 2022.

DATES: Applicable April 1, 2024.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, 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) 482-2352 and (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2023, Commerce published the Preliminary Results for 
this administrative review and invited interested parties to 
comment.\1\ This review covers two mandatory respondents selected for 
individual examination, ArcelorMittal Mexico S.A. de C.V. (AMM) and 
Deacero S.A.P.I de C.V. (Deacero).
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 76727 (November 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
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    From November 13 through 17, 2023, we conducted a verification of 
sales of certain alloy steel wire rod (wire rod) from Mexico for 
Deacero in Monterrey, Mexico. On January 29, 2024, we received a case 
brief from Nucor Corporation and Commercial Metal Company 
(collectively, Nucor/CMC),\2\ and, subsequently, on February 5, 2024, 
we received a rebuttal brief from Deacero.\3\ A complete summary of the 
events that occurred since publication of the Preliminary Results is 
found in the Issues and Decision Memorandum.\4\ Commerce conducted this 
review in accordance with section 751(a) of the Tariff Act of 1930, as 
amended (the Act).
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    \2\ See Nucor/CMC's Letter, ``Case Brief,'' dated January 29, 
2024.
    \3\ See Deacero's Letter, ``Rebuttal Brief,'' dated February 5, 
2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Carbon and 
Certain Alloy Steel Wire Rod from Mexico; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On March 
6, 2023, Nucor/CMC withdrew their requests for review by the 90-day 
deadline for: AMM; Grupo Villacero S.A de C.V. (Villacero); Talleres y 
Aceros S.A. de C.V (Talleres y Aceros); and Ternium Mexico S.A. de C.V. 
(Ternium).\5\ Nucor/CMC's request for review of Villacero, Talleres y 
Aceros, and Ternium reflected the sole review request with respect to 
each firm; accordingly, we are rescinding this administrative review 
with respect to Villacero, Talleres y Aceros, and Ternium.
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    \5\ See Nucor/CMC's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated March 6, 2023.
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Scope of the Order \6\
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    \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).
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    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,

[[Page 22389]]

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.
    For the full text of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties are addressed in the Issues and 
Decision Memorandum. A list of the issues which parties raised, and to 
which we respond in the Issues and Decision Memorandum, is attached 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 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and analysis of the comments 
received from interested parties regarding our Preliminary Results, we 
made no changes to the preliminary weighted-average dumping margins 
calculated for AMM and Deacero. Additionally, in its Preliminary 
Results, Commerce inadvertently assigned a non-selected rate to certain 
entities. As noted above, Commerce is rescinding the administrative 
review for Villacero, Talleres y Aceros, and Ternium. For detailed 
information, see the Issues and Decision Memorandum.

Final Results of Review

    Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the period October 1, 2021, through 
September 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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ArcelorMittal Mexico S.A. de C.V............................        0.00
Deacero S.A.P.I. de C.V.....................................        0.70
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Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed for these final results within five days of the date 
of the publication of this notice in the Federal Register in accordance 
with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of those sales. Where the respondent did not report 
entered value, we calculated a per-unit assessment rate for each 
importer by dividing the total amount of dumping calculated for the 
examined sales made to that importer by the total quantity associated 
with those sales. To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also calculated an importer-specific ad valorem ratio based on 
estimated entered values. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), 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.\7\
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    \7\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Deacero or AMM for which they did not know their merchandise they sold 
to an intermediary (e.g., a reseller, trading company, or exporter) 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.
    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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    For the companies for which this review is rescinded with these 
final results, we will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period October 1, 2021, through 
September 30, 2022, in accordance with 19 CFR 351.212(c)(l)(i). 
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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rate for the companies listed above will 
be equal to the weighted-average dumping margins established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior completed 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 has been covered in a prior complete segment of this 
proceeding, then the cash deposit rate will be the rate established for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 20.11 percent.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ See Order, 67 FR at 65947.
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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

[[Page 22390]]

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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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 these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.221(b)(5).

    Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether the Application of Adverse Facts Available 
(AFA) to Deacero Is Warranted
    Comment 2: Whether Commerce Should Rescind the Review for 
Certain Non-Selected Companies
    Comment 3: Whether Commerce Should Instruct U.S. Customs and 
Border Protection (CBP) To Liquidate Entries for Certain Producers 
at the All-Others Rate
VI. Recommendation

[FR Doc. 2024-06839 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P