Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 53030-53032 [2018-22843]

Download as PDF 53030 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 the United States to Venezuela items designated as defense articles on the United States Munitions List, namely, handguns and ammunition of various calibers, without the required U.S. Department of State licenses. Pozo was sentenced to 63 months in prison, three years of supervised release, and a $100 special assessment. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent part, that ‘‘[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of . . . section 38 of the Arms Export Control Act (22 U.S.C. 2778).’’ 15 CFR 766.25(a). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR 766.25(d). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security’s Office of Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) licenses previously issued pursuant to the Act or the Regulations in which the person had an interest at the time of his/ her conviction. BIS has received notice of Pozo’s conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Pozo to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Pozo. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2018). The Regulations originally issued under the Export Administration Act of 1979, as amended, 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), which lapsed on August 21, 2001. The President, through Executive Order 13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 8, 2018 (83 FR 39,871 (Aug. 13, 2018)), continued the Regulations in full force and effect under the International Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Export Control Reform Act of 2018, Title XVII, Subtitle B of Public Law 115–232 (‘‘ECRA’’). While Section 1766 of ECRA repeals the provisions of the EAA (except for three sections which are inapplicable here), Section 1768 of ECRA provides, in pertinent part, that all rules and regulations that were made or issued under the EAA, including as continued in effect pursuant to IEEPA, and were in effect as of ECRA’s date of enactment (August 13, 2018), shall continue in effect according to their terms until modified, superseded, set aside, or revoked through action undertaken pursuant to the authority provided under ECRA. VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 I have decided to deny Pozo’s export privileges under the Regulations for a period of 10 years from the date of Pozo’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Pozo had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until June 27, 2027, Luis Antonio Urdaneta Pozo, with a last known address of Inmate Number: 68375–018, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘the Denied Person’’), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Pozo by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Pozo may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Pozo and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until June 27, 2027. Issued this October 12, 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018–22865 Filed 10–18–18; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines AGENCY: E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices that imports of carbon and certain alloy steel wire rod (wire rod) with actual diameters less than 4.75 mm produced and/or exported by Deacero S.A.P.I. de C.V (Deacero) are circumventing the antidumping duty order on wire rod from Mexico. DATES: Applicable October 19, 2018. FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482–7851. SUPPLEMENTARY INFORMATION: amozie on DSK3GDR082PROD with NOTICES1 Background On August 31, 2001, Co-Steel Raritan, Inc., GS Industries, Keystone Consolidated, Industries, Inc., and North Star Steel Texas, Inc. filed a petition seeking imposition of antidumping duties on imports of wire rod from Mexico.1 Following the completion of investigations and affirmative final determinations by Commerce and the U.S. International Trade Commission (ITC), Commerce issued an antidumping order on wire rod from Mexico (Order).2 On October 1, 2012, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act), Commerce determined that wire rod with an actual diameter of 4.75 mm to 5.00 mm produced and/or exported to the United States by Deacero constituted merchandise altered in form or appearance in such minor respects that it should be included within the scope of the Order.3 On October 27, 2017, Nucor Corporation (a domestic interested party) (Nucor) filed a circumvention ruling request to determine whether wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero to the United States is circumventing the Order.4 On February 7, 2018, pursuant 1 See Notice of Initiation of Antidumping Duty Investigations: Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Egypt, Germany, Indonesia, Mexico, Moldova, South Africa, Trinidad and Tobago, Ukraine, and Venezuela, 66 FR 50164 (October 2, 2001). 2 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). 3 See Carbon and Certain Alloy Steel Wire Rod from Mexico: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 59892 (October 1, 2012) (Final Circumvention Determination) and accompanying Issues and Decision Memorandum; see also Deacero S.A. de C.V. v. United States, 817 F.3d 1332 (Fed. Cir. 2016) (affirming the Final Circumvention Determination). 4 See Nucor’s Letter, ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico: Request for Circumvention Ruling,’’ dated October 27, 2018. VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 to section 781(c) of the Act, Commerce initiated an anti-circumvention inquiry on wire rod with actual diameters that are less than 4.75 mm produced and/or exported by Deacero.5 For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.6 A list of topics included in the Preliminary Decision Memorandum is included at the Appendix to this notice. The Preliminary Decision Memorandum 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete public version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The products covered by the Order are wire rod of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiry The products covered by this inquiry are wire rod with an actual diameter less than 4.75 mm and that are produced and/or exported to the United States by Deacero. Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(c) of the Act. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to section 781(c) of the Act, that wire rod with an actual diameter less than 4.75 mm produced and/or exported by 5 See Carbon and Certain Alloy Steel Wire Rod from Mexico: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order, 83 FR 5405 (February 7, 2018). 6 See Affirmative Preliminary Decision Memorandum of Circumvention Concerning Carbon and Certain Alloy Steel Wire Rod from Mexico, dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 53031 Deacero, constitutes merchandise ‘‘altered in form or appearance in minor respects’’ that should be considered subject to the Order. Therefore, we preliminarily determine that it is appropriate to include this merchandise within the class or kind of merchandise subject to the Order and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero. Suspension of Liquidation As stated above, Commerce has made a preliminary affirmative finding of circumvention of the Order with respect to wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero. In accordance with section 19 CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation of entries of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero that were entered, or withdrawn from warehouse, for consumption on or after February 7, 2018, the date of initiation of the anticircumvention inquiry. Pursuant to 19 CFR 351.225(1)(2), we will also instruct CBP to require a cash deposit of estimated duties equal to 12.56 percent ad valorem for each unliquidated entry of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero that was entered, or withdrawn from warehouse, for consumption on or after February 7, 2018.7 The suspension of liquidation instructions will remain in effect until further notice. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the publication of this preliminary determination in the Federal Register, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this anticircumvention inquiry are encouraged 7 See Carbon and Certain Alloy Steel Wire Rod from Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 83 FR 16832 (April 17, 2018) and accompanying Issues and Decision Memorandum; Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice of Correction to Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 83 FR 19223 (May 2, 2018). 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\19OCN1.SGM 19OCN1 53032 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 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, U.S. Department of Commerce, within 21 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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 Interested Parties This determination is issued and published in accordance with sections 781(c) of the Act and 19 CFR 351.225(f). Dated: October 15, 2018. Christian Marsh, Deputy 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. Statutory and Regulatory Framework V. Prior Anti-Circumvention Determination VI. Parameters of the Anti-Circumvention Inquiry VII. Arguments from Interested Parties VIII. Analysis IX. Recommendation [FR Doc. 2018–22843 Filed 10–18–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration amozie on DSK3GDR082PROD with NOTICES1 Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries AGENCY: VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2018, through June 30, 2018. DATES: Comments must be submitted within 30 days after publication of this notice. ADDRESSES: See the Submission of Comments section below. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Eric B. Greynolds, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793 or (202) 482–6071, respectively. SUPPLEMENTARY INFORMATION: Background On June 18, 2008, section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of 2008) was enacted into law. Under this provision, the Secretary of Commerce is mandated to submit to the appropriate Congressional committees a report every 180 days on any subsidy provided by countries exporting softwood lumber or softwood lumber products to the United States, including stumpage subsidies. Commerce submitted its last subsidy report on June 20, 2018. As part of its newest report, Commerce intends to include a list of subsidy programs identified with sufficient clarity by the public in response to this notice. Request for Comments Given the large number of countries that export softwood lumber and softwood lumber products to the United States, we are soliciting public comment only on subsidies provided by countries whose exports accounted for at least one percent of total U.S. imports of softwood lumber by quantity, as classified under Harmonized Tariff Schedule code 4407.1001 (which accounts for the vast majority of imports), during the period January 1, 2018, through June 30, 2018. Official U.S. import data published by the United States International Trade Commission’s Tariff and Trade DataWeb indicate that four countries (Brazil, Canada, Germany, and Sweden) exported softwood lumber to the United States during that time period in amounts sufficient to account for at least one percent of U.S. imports of softwood lumber products. We intend to rely on similar previous six-month periods to identify the countries subject to future reports on softwood lumber subsidies. For example, we will rely on U.S. imports of softwood lumber and softwood lumber products during the period July 1, 2018, through December PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 31, 2018, to select the countries subject to the next report. Under U.S. trade law, a subsidy exists where an authority: (i) Provides a financial contribution; (ii) provides any form of income or price support within the meaning of Article XVI of the GATT 1994; or (iii) makes a payment to a funding mechanism to provide a financial contribution to a person, or entrusts or directs a private entity to make a financial contribution, if providing the contribution would normally be vested in the government and the practice does not differ in substance from practices normally followed by governments, and a benefit is thereby conferred.1 Parties should include in their comments: (1) The country which provided the subsidy; (2) the name of the subsidy program; (3) a brief description (no more than 3–4 sentences) of the subsidy program; and (4) the government body or authority that provided the subsidy. Submission of Comments As specified above, to be assured of consideration, comments must be received no later than 30 days after the publication of this notice in the Federal Register. All comments must be submitted through the Federal eRulemaking Portal at https:// www.regulations.gov, Docket No. ITA– 2018–0002, unless the commenter does not have access to the internet. The materials in the docket will not be edited to remove identifying or contact information, and Commerce cautions against including any information in an electronic submission that the submitter does not want publicly disclosed. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF formats only. Commenters who do not have access to the internet may submit the original and one electronic copy of each set of comments by mail or hand delivery/ courier. All comments should be addressed to 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, at U.S. Department of Commerce, Room 18022, 1401 Constitution Avenue NW, Washington, DC 20230. 1 See section 771(5)(B) of the Tariff Act of 1930, as amended. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53030-53032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22843]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines

[[Page 53031]]

that imports of carbon and certain alloy steel wire rod (wire rod) with 
actual diameters less than 4.75 mm produced and/or exported by Deacero 
S.A.P.I. de C.V (Deacero) are circumventing the antidumping duty order 
on wire rod from Mexico.

DATES: Applicable October 19, 2018.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.

SUPPLEMENTARY INFORMATION: 

Background

    On August 31, 2001, Co-Steel Raritan, Inc., GS Industries, Keystone 
Consolidated, Industries, Inc., and North Star Steel Texas, Inc. filed 
a petition seeking imposition of antidumping duties on imports of wire 
rod from Mexico.\1\ Following the completion of investigations and 
affirmative final determinations by Commerce and the U.S. International 
Trade Commission (ITC), Commerce issued an antidumping order on wire 
rod from Mexico (Order).\2\ On October 1, 2012, pursuant to section 
781(c) of the Tariff Act of 1930, as amended (the Act), Commerce 
determined that wire rod with an actual diameter of 4.75 mm to 5.00 mm 
produced and/or exported to the United States by Deacero constituted 
merchandise altered in form or appearance in such minor respects that 
it should be included within the scope of the Order.\3\ On October 27, 
2017, Nucor Corporation (a domestic interested party) (Nucor) filed a 
circumvention ruling request to determine whether wire rod with an 
actual diameter less than 4.75 mm produced and/or exported by Deacero 
to the United States is circumventing the Order.\4\ On February 7, 
2018, pursuant to section 781(c) of the Act, Commerce initiated an 
anti-circumvention inquiry on wire rod with actual diameters that are 
less than 4.75 mm produced and/or exported by Deacero.\5\ For a 
complete description of the events that followed the initiation of this 
inquiry, see the Preliminary Decision Memorandum.\6\ A list of topics 
included in the Preliminary Decision Memorandum is included at the 
Appendix to this notice. The Preliminary Decision Memorandum 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 to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete public version of the 
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Notice of Initiation of Antidumping Duty Investigations: 
Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Egypt, 
Germany, Indonesia, Mexico, Moldova, South Africa, Trinidad and 
Tobago, Ukraine, and Venezuela, 66 FR 50164 (October 2, 2001).
    \2\ 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).
    \3\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order, 77 FR 59892 (October 1, 2012) (Final Circumvention 
Determination) and accompanying Issues and Decision Memorandum; see 
also Deacero S.A. de C.V. v. United States, 817 F.3d 1332 (Fed. Cir. 
2016) (affirming the Final Circumvention Determination).
    \4\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico: Request for Circumvention Ruling,'' dated October 
27, 2018.
    \5\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order, 
83 FR 5405 (February 7, 2018).
    \6\ See Affirmative Preliminary Decision Memorandum of 
Circumvention Concerning 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 products covered by the Order are wire rod of approximately 
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid 
cross-sectional diameter. For a complete description of the scope of 
the Order, see the Preliminary Decision Memorandum.

Scope of the Anti-Circumvention Inquiry

    The products covered by this inquiry are wire rod with an actual 
diameter less than 4.75 mm and that are produced and/or exported to the 
United States by Deacero.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(c) of the Act. For a full description of 
the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Preliminary Determination

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine, pursuant to section 781(c) of the Act, that 
wire rod with an actual diameter less than 4.75 mm produced and/or 
exported by Deacero, constitutes merchandise ``altered in form or 
appearance in minor respects'' that should be considered subject to the 
Order. Therefore, we preliminarily determine that it is appropriate to 
include this merchandise within the class or kind of merchandise 
subject to the Order and to instruct U.S. Customs and Border Protection 
(CBP) to suspend any entries of wire rod with an actual diameter less 
than 4.75 mm produced and/or exported by Deacero.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding of circumvention of the Order with respect to wire rod with an 
actual diameter less than 4.75 mm produced and/or exported by Deacero. 
In accordance with section 19 CFR 351.225(l)(2), Commerce will direct 
CBP to suspend liquidation of entries of wire rod with an actual 
diameter less than 4.75 mm produced and/or exported by Deacero that 
were entered, or withdrawn from warehouse, for consumption on or after 
February 7, 2018, the date of initiation of the anti-circumvention 
inquiry. Pursuant to 19 CFR 351.225(1)(2), we will also instruct CBP to 
require a cash deposit of estimated duties equal to 12.56 percent ad 
valorem for each unliquidated entry of wire rod with an actual diameter 
less than 4.75 mm produced and/or exported by Deacero that was entered, 
or withdrawn from warehouse, for consumption on or after February 7, 
2018.\7\ The suspension of liquidation instructions will remain in 
effect until further notice.
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    \7\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016, 83 FR 16832 (April 17, 
2018) and accompanying Issues and Decision Memorandum; Carbon and 
Certain Alloy Steel Wire Rod from Mexico: Notice of Correction to 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016, 83 FR 19223 (May 2, 2018).
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 21 
days after the publication of this preliminary determination in the 
Federal Register, unless the Secretary alters the time limit. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline date for case briefs.\8\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this anti-circumvention inquiry are 
encouraged

[[Page 53032]]

to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, within 21 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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 Interested Parties

    This determination is issued and published in accordance with 
sections 781(c) of the Act and 19 CFR 351.225(f).

    Dated: October 15, 2018.
Christian Marsh,
Deputy 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. Statutory and Regulatory Framework
V. Prior Anti-Circumvention Determination
VI. Parameters of the Anti-Circumvention Inquiry
VII. Arguments from Interested Parties
VIII. Analysis
IX. Recommendation

[FR Doc. 2018-22843 Filed 10-18-18; 8:45 am]
 BILLING CODE 3510-DS-P