Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 9089-9090 [2019-04622]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9089-9090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04622]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Final 
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) determines 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), and otherwise meeting the description of 
subject merchandise, are circumventing the antidumping duty (AD) order 
on wire rod from Mexico.

DATES: Applicable March 13, 2019.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Eric B. Greynolds, 
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 
or (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 19, 2018, Commerce published the Preliminary 
Determination of the anti-circumvention inquiry of wire rod with actual 
diameters less than 4.75 mm produced and/or exported by Deacero.\1\ A

[[Page 9090]]

summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by interested parties for this final determination, may be found 
in the Issues and Decision Memorandum which is hereby adopted by this 
notice.\2\ The Issues and 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 is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete public version of the 
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Preliminary Affirmative Determination of Circumvention of the 
Antidumping Duty Order, 83 FR 53030 (October 19, 2018), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Circumvention Concerning Carbon 
and Certain Alloy Steel Wire Rod from Mexico Produced and/or 
Exported by Deacero S.A.P.I. de C.V.,'' (Issues and Decision 
Memorandum), dated concurrently with this determination and hereby 
adopted by this notice.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ If the new 
deadline falls on a non-business day, in accordance with
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
affected by the partial federal government closure have been 
extended by 40 days.
---------------------------------------------------------------------------

    Commerce's practice, the deadline will become the next business 
day. Accordingly, the revised deadline for this final determination is 
now March 6, 2019.

Scope of the Order 4
---------------------------------------------------------------------------

    \4\ 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 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 Issues and Decision Memorandum.

Scope of the Anti-Circumvention Inquiry

    The products covered by this inquiry are imports of wire rod with 
an actual diameter less than 4.75 mm that are produced and/or exported 
to the United States by Deacero, and otherwise meeting the description 
of subject merchandise.

Methodology

    Commerce conducted this anti-circumvention determination in 
accordance with section 781(c) of the Tariff Act of 1930, as amended 
(the Act). For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum. A list of topics 
included in the Issues and Decision Memorandum is included in the 
Appendix to this notice.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine, 
pursuant to section 781(c) of the Act and 19 CFR 351.225(i), that 
imports of wire rod with an actual diameter less than 4.75 mm that are 
produced and/or exported to the United States by Deacero, and otherwise 
meeting the description of subject merchandise, constitute merchandise 
``altered in form or appearance in minor respects'' that should be 
considered within the class or kind of merchandise subject to the 
Order.

Continuation of Suspension of Liquidation

    As stated above, Commerce has made an affirmative finding of 
circumvention of the Order with respect to imports of wire rod with an 
actual diameter less than 4.75 mm produced and/or exported to the 
United States by Deacero. In accordance with 19 CFR 351.225(l)(2), we 
are directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of wire rod with an actual diameter less than 4.75 
mm produced and/or exported to the United States by Deacero entered, or 
withdrawn from warehouse, for consumption on or after February 7, 2018, 
the date of publication of the initiation of this inquiry, until 
appropriate liquidation instructions are issued.\5\ In accordance with 
19 CFR 351.225(l)(2) Commerce will also instruct CBP to continue to 
require a cash deposit of estimated duties, at the rate applicable to 
subject merchandise produced and/or exported Deacero, for each 
unliquidated entry of wire rod with an actual diameter less than 4.75 
mm produced and/or exported by Deacero and entered, or withdrawn from 
warehouse, for consumption on or after February 7, 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) (Initiation Notice).
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction or 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

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

    Dated: March 6, 2019.
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.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Prior Anti-Circumvention Determination
V. Merchandise Subject to the Anti-Circumvention Inquiry
VI. Discussion of the Issues
    A. Whether Commerce is Improperly Expanding the Scope of the 
Order To Cover Products Which Were Not Expressly Included in the 
Scope or the U.S. International Trade Commission's (ITC) Injury 
Determination
    B. First Prong of the Minor Alteration Analysis--Overall 
Physical Characteristics
    C. Second Prong of the Minor Alteration Analysis--Expectations 
of Ultimate Users
    D. Third Prong of the Minor Alteration Analysis--Use of 
Merchandise
    E. Fourth Prong of the Minor Alteration Analysis--Channels of 
Marketing
    F. Fifth Prong of the Minor Alteration Analysis--Cost of 
Modification
    G. Whether Commerce Is Improperly Expanding the Scope of the 
Order To Cover Wire Rod With a Diameter Less Than 4.4 mm To Prevent 
Future Circumvention of the Order
VII. Recommendation

[FR Doc. 2019-04622 Filed 3-12-19; 8:45 am]
 BILLING CODE 3510-DS-P