Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017, 31028-31030 [2019-13866]
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31028
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.58 percent,26 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 POR. Failure to comply with
this requirement could result in the
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 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 the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
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) and 351.221(b)(5) of
Commerce’s regulations.
Dated: June 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix II
khammond on DSKBBV9HB2PROD with NOTICES
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and
Use of Adverse Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Tokyo Steel-Specific Issues
26 See Certain Hot-Rolled Steel Flat Products from
Japan: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 81 FR 53409 (August 12,
2016).
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17:41 Jun 27, 2019
Jkt 247001
Comment 1: Whether Commerce Should
Apply Total AFA to Tokyo Steel for
Failing to Explain Its Original Cost
Reporting Methodology
Comment 2: Correction of Error in Tokyo
Steel’s Margin Calculation
Nippon Steel-Specific Issues
Comment 3: Whether Commerce Should
Continue to Apply Partial AFA to
Certain Nippon Steel’s Affiliated
Downstream Resales in the Home Market
Comment 4: Whether Commerce Should
Grant a Constructed Export Price Offset
to Nippon Steel
Comment 5: Processing Expenses Incurred
by Nippon Steel’s Affiliated Trading
Company in Japan
Comment 6: Nippon Steel’s Failure to
Submit Full Translations of Requested
Financial Statement
Comment 7: Nippon Steel’s Failure to
Provide a Separate Section A Response
for Nisshin Steel Co., Ltd
Comment 8: Nippon Steel Refused to
Report All the HM Sales in the Window
Period that Are Necessary for the Margin
Calculations
Comment 9: Nippon Steel Did Not Report
Nisshin’s Sales and Costs for the Entire
POR
Comment 10: Whether Nippon Steel Failed
to Report All of its U.S. Sales
Comment 11: Nisshin’s G&A Expenses
Ratio Calculation
Comment 12: Whether Nippon Steel Failed
to Provide a Usable Section E Response
Comment 13: Whether Nippon Steel
Reported Incorrect ‘‘Mark-up’’ Rates
Comment 14: Whether Nippon Steel Failed
to Provide the Required Information on
the Affiliated Suppliers of Major Inputs
Comment 15: Whether Nippon Steel Failed
to Provide Requested Information on
Affiliate’s Assets
Comment 16: Whether Commerce Should
Revise Its Major Input Rule Adjustment
to Steelscape LLC’s Costs Based on
Steelscape Washington LLC’s Full Cost
of Production
Comment 17: Whether Commerce Should
Revise the Reported G&A Expense Ratio
for Steelscape LLC
VIII. Recommendation
List of Companies Not Individually
Examined
Hanwa Co., Ltd.
JFE Steel Corporation 27
JFE Shoji Trade America
Kanematsu Corporation
Kobe Steel, Ltd.
Mitsui & Co., Ltd.
Miyama Industry Co., Ltd.
Nippon Steel & Sumikin Logistics Co., Ltd.
Okaya & Co. Ltd.
Saint-Gobain KK
27 We collapsed JFE Shoji Trade Corporation with
JFE Steel Corporation in the investigation. See
Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Determination of Sales at Less than
Fair Value and Postponement of Final
Determination, 81 FR 15222 (March 22, 2016) and
accompanying PDM at 8–9 unchanged in HotRolled Japan Final Determination.
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Shinsho Corporation
Sumitomo Corporation
Suzukaku Corporation
Toyota Tsusho Corporation Nagoya
[FR Doc. 2019–13863 Filed 6–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
certain alloy steel wire rod (wire rod)
from Mexico was sold in the United
States at less than normal value (NV)
during the period of review (POR)
October 1, 2016 through September 30,
2017.
DATES: Applicable June 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: 202–482–8362.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 14, 2018, Commerce
published the Preliminary Results of
this review in the Federal Register.1 For
a summary of events that occurred since
the Preliminary Results, see the Issues
and Decision Memorandum.2 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 On
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2016–2017, 83 FR
56800 (November 14, 2018) (Preliminary Results)
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Mexico; 2016–2017,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
February 12, 2019, Commerce extended
the deadline for the final results to June
21, 2019.4
Scope of the Order
The merchandise subject to this order
is carbon and certain alloy steel wire
rod. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and
7227.90.6059. Although the HTS
numbers are provided for convenience
and customs purposes, the written
product description remains
dispositive.5
Final Determination of No Shipments
khammond on DSKBBV9HB2PROD with NOTICES
As stated in the Preliminary Results,
we received a no shipment claim from
ArcelorMittal Mexico S.A. de C.V.
(AMM) (successor-in-interest to
ArcelorMittal Las Truchas, S.A. de C.V.
(AMLT)) and we preliminarily
determined that AMM/AMLT did not
have any shipments during the POR.6
We received no comments from
interested parties with respect to this
claim and U.S. Customs and Border
Protection (CBP) did not report that it
had any information to contradict the
claim. Therefore, because the record
indicates that this company did not
export subject merchandise to the
United States during the POR, we
continue to find that AMM/AMLT had
no shipments during the POR.
Accordingly, consistent with
Commerce’s practice, we intend to
instruct CBP to liquidate any existing
entries of subject merchandise made
during the POR that were produced by
AMM/AMLT, but exported by other
parties without their own rate, at the allothers rate.7
January 28, 2019. All deadlines in this segment of
the proceeding affected by the partial federal
government closure have been extended by 40 days.
4 See Memorandum, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Time
Limit for Final Results,’’ dated February 12, 2019.
5 For a full description of the scope of the order,
see the Issues and Decision Memorandum.
6 See Preliminary Results, 83 FR at 56801.
7 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010); see also Antidumping
and Countervailing Duty Proceedings: Assessment
of Antidumping Duties, 68 FR 23954 (May 6, 2003).
VerDate Sep<11>2014
17:41 Jun 27, 2019
Jkt 247001
31029
Analysis of Comments Received
Final Results of Review
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. The issues are
identified 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 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 B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet 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.
Commerce determines that the
following weighted-average dumping
margins exist for the period October 1,
2016 through September 30, 2017:
Changes Since the Preliminary
Results
Based on our analysis of the
comments received from parties, we
have made certain revisions to the
margin calculation for Deacero.8
Application of Adverse Facts Available
With Regard to Ternium
Because Ternium failed to respond to
Commerce’s questionnaire, we continue
to find that necessary information is not
on the record and that Ternium
withheld information that was
requested, failed to provide the
requested information within the
established deadlines, significantly
impeded this review, and failed to
cooperate to the best of its ability to
comply with Commerce’s request for
information in this review. As a result,
we based Ternium’s dumping margin on
facts otherwise available with an
adverse inference (AFA), in accordance
with sections 776(a) and (b) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.308.9 As AFA, we have
assigned Ternium a dumping margin of
40.52 percent. For further discussion,
see the Issues and Decision
Memorandum.
8 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Carbon and Certain Alloy Steel
Wire Rod from Mexico, 2016–2017: Deacero Final
Results Sales Calculation Memorandum,’’ dated
concurrently with this notice; and Memorandum,
‘‘Carbon and Certain Alloy Steel Wire Rod from
Mexico, 2016–2017: Deacero Final Results Cost of
Production Memorandum,’’ dated concurrently
with this notice.
9 For additional information, see Final Sales
Calculation Memorandum at ‘‘Use of Facts
Available and Adverse Inferences’’ section.
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Fmt 4703
Sfmt 4703
Producer/exporter
Deacero S.A.P.I. de C.V ............
Ternium Mexico S.A. de C.V.
(Ternium) .................................
Weightedaverage
dumping
margin
(percent)
3.94
40.52
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after publication of
these final results in the Federal
Register in accordance with 19 CFR
351.224(b).
Assessment Rates
In accordance with the final results of
this review, Commerce has determined,
and CBP shall assess, antidumping
duties on all appropriate entries
pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b). Commerce
intends to issue assessment instructions
to CBP 41 days after the date of
publication of these final results of
review.10 For Deacero and Ternium, we
will instruct CBP to apply an
assessment rate to all entries they
produced and/or exported equal to the
dumping margin indicated above. For
Deacero, Commerce has calculated
importer-specific antidumping duty
assessment rates by 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. Pursuant to 19 CFR 351.106(c)(2),
we will instruct CBP to liquidate
without regard to antidumping duties
any entries for which the importerspecific assessment rate is zero or de
minimis. Additionally, because
Commerce determined that AMM/
AMLT had no shipments of subject
merchandise during the POR, any
suspended entries that entered under
AMM/AMLT’s case number (i.e., at that
company’s rate) will be liquidated at the
all-others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.11
10 See
19 CFR 356.8(a).
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).
11 See
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31030
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
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 subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rates for Deacero and Ternium
will be the rates established in the final
results of this administrative review; (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 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, 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.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKBBV9HB2PROD with NOTICES
Notification to Importers
This notice 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 the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the 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
12 Id.
VerDate Sep<11>2014
17:41 Jun 27, 2019
Jkt 247001
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: June 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Adverse Facts Available
V. Discussion of Comments
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Deacero
Comment 2: Whether Deacero’s Reported
Sales of Certain Wire Rod Products Were
Made Outside the Ordinary Course of
Trade
Comment 3: Whether Commerce Should
Remove the Sale of Certain Grades of
Wire Rod from Deacero’s Home Market
and U.S. Sales Databases
Comment 4: Whether Commerce Should
Revise Deacero’s Home Market Credit
and Late Payment Expenses
Comment 5: Whether to Use Mid Continent
Steel & Wire, Inc.’s (Mid Continent)
Revised General and Administrative
(G&A) Expense Ratio
Comment 6: Whether Commerce Should
Correct Mid Continent’s Cost Allocations
Based on Machine Time Instead of
Production Quantity
Comment 7: Whether Commerce Erred in
its Treatment of Deacero’s Yield Losses
in Calculating Further Manufacturing
Cost
Comment 8: Whether Commerce Erred in
its Margin Calculations When it Merged
Deacero’s Further Manufacturing
(FURMAN) Database with its U.S. Sales
Database
VI. Recommendation
and conclude by 3:30 p.m. For agenda
details, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: The meeting will be held at
the University of Massachusetts
Dartmouth School for Marine Science &
Technology (SMAST) East Building
located at 836 South Rodney French
Blvd., New Bedford, MA 02744 and
available via webinar (https://
www.mafmc.org/ntap).
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is to: (1) Meet
the Memorial University Flume Tank
staff and receive an overview of the
Flume Tank Facility; (2) receive an
overview of the Northeast Fisheries
Science Center trawl survey; (3) conduct
trawl model flume tank experiments of
net spread; and (4) determine other
trawl model flume tank experiments.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to M.
Jan Saunders at the Mid-Atlantic
Council Office, (302) 526–5251, at least
5 days prior to the meeting date.
[FR Doc. 2019–13866 Filed 6–27–19; 8:45 am]
Dated: June 25, 2019.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
BILLING CODE 3510–DS–P
[FR Doc. 2019–13898 Filed 6–27–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XH076
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Northeast Trawl
Advisory Panel (NTAP) of the MidAtlantic Fishery Management Council
will hold a meeting.
DATES: The meeting will be held on
Monday, July 29, beginning at 8 a.m.
SUMMARY:
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[0648–XR001]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; availability of a draft
Environmental Assessment and
Proposed Evaluation and Pending
Determination for public comment.
AGENCY:
Notice is hereby given that
NMFS has received four plans for
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31028-31030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13866]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
and certain alloy steel wire rod (wire rod) from Mexico was sold in the
United States at less than normal value (NV) during the period of
review (POR) October 1, 2016 through September 30, 2017.
DATES: Applicable June 28, 2019.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: 202-482-8362.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2018, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ For a summary of events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ 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\ On
[[Page 31029]]
February 12, 2019, Commerce extended the deadline for the final results
to June 21, 2019.\4\
---------------------------------------------------------------------------
\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56800 (November 14, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from Mexico; 2016-2017,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\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.
\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Time Limit for Final Results,'' dated
February 12, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this order is carbon and certain alloy
steel wire rod. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010,
7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053,
7227.90.6058, and 7227.90.6059. Although the HTS numbers are provided
for convenience and customs purposes, the written product description
remains dispositive.\5\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Determination of No Shipments
As stated in the Preliminary Results, we received a no shipment
claim from ArcelorMittal Mexico S.A. de C.V. (AMM) (successor-in-
interest to ArcelorMittal Las Truchas, S.A. de C.V. (AMLT)) and we
preliminarily determined that AMM/AMLT did not have any shipments
during the POR.\6\ We received no comments from interested parties with
respect to this claim and U.S. Customs and Border Protection (CBP) did
not report that it had any information to contradict the claim.
Therefore, because the record indicates that this company did not
export subject merchandise to the United States during the POR, we
continue to find that AMM/AMLT had no shipments during the POR.
Accordingly, consistent with Commerce's practice, we intend to instruct
CBP to liquidate any existing entries of subject merchandise made
during the POR that were produced by AMM/AMLT, but exported by other
parties without their own rate, at the all-others rate.\7\
---------------------------------------------------------------------------
\6\ See Preliminary Results, 83 FR at 56801.
\7\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010); see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted with this
notice. The issues are identified 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 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 B8024 of
the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the internet
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.
Changes Since the Preliminary Results
Based on our analysis of the comments received from parties, we
have made certain revisions to the margin calculation for Deacero.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum; see also Memorandum,
``Carbon and Certain Alloy Steel Wire Rod from Mexico, 2016-2017:
Deacero Final Results Sales Calculation Memorandum,'' dated
concurrently with this notice; and Memorandum, ``Carbon and Certain
Alloy Steel Wire Rod from Mexico, 2016-2017: Deacero Final Results
Cost of Production Memorandum,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Application of Adverse Facts Available With Regard to Ternium
Because Ternium failed to respond to Commerce's questionnaire, we
continue to find that necessary information is not on the record and
that Ternium withheld information that was requested, failed to provide
the requested information within the established deadlines,
significantly impeded this review, and failed to cooperate to the best
of its ability to comply with Commerce's request for information in
this review. As a result, we based Ternium's dumping margin on facts
otherwise available with an adverse inference (AFA), in accordance with
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.308.\9\ As AFA, we have assigned Ternium a dumping
margin of 40.52 percent. For further discussion, see the Issues and
Decision Memorandum.
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\9\ For additional information, see Final Sales Calculation
Memorandum at ``Use of Facts Available and Adverse Inferences''
section.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2016 through September 30,
2017:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V..................................... 3.94
Ternium Mexico S.A. de C.V. (Ternium)....................... 40.52
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register in accordance with 19 CFR 351.224(b).
Assessment Rates
In accordance with the final results of this review, Commerce has
determined, and CBP shall assess, antidumping duties on all appropriate
entries pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b). Commerce intends to issue assessment instructions to CBP 41
days after the date of publication of these final results of
review.\10\ For Deacero and Ternium, we will instruct CBP to apply an
assessment rate to all entries they produced and/or exported equal to
the dumping margin indicated above. For Deacero, Commerce has
calculated importer-specific antidumping duty assessment rates by
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. 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. Additionally, because Commerce
determined that AMM/AMLT had no shipments of subject merchandise during
the POR, any suspended entries that entered under AMM/AMLT's case
number (i.e., at that company's rate) will be liquidated at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\10\ See 19 CFR 356.8(a).
\11\ 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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[[Page 31030]]
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 subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rates for Deacero and Ternium will be
the rates established in the final results of this administrative
review; (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 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, 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.\12\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\12\ Id.
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Notification to Importers
This notice 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the 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(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: June 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Adverse Facts Available
V. Discussion of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Deacero
Comment 2: Whether Deacero's Reported Sales of Certain Wire Rod
Products Were Made Outside the Ordinary Course of Trade
Comment 3: Whether Commerce Should Remove the Sale of Certain
Grades of Wire Rod from Deacero's Home Market and U.S. Sales
Databases
Comment 4: Whether Commerce Should Revise Deacero's Home Market
Credit and Late Payment Expenses
Comment 5: Whether to Use Mid Continent Steel & Wire, Inc.'s
(Mid Continent) Revised General and Administrative (G&A) Expense
Ratio
Comment 6: Whether Commerce Should Correct Mid Continent's Cost
Allocations Based on Machine Time Instead of Production Quantity
Comment 7: Whether Commerce Erred in its Treatment of Deacero's
Yield Losses in Calculating Further Manufacturing Cost
Comment 8: Whether Commerce Erred in its Margin Calculations
When it Merged Deacero's Further Manufacturing (FURMAN) Database
with its U.S. Sales Database
VI. Recommendation
[FR Doc. 2019-13866 Filed 6-27-19; 8:45 am]
BILLING CODE 3510-DS-P