Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 9322-9324 [2021-02922]
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
fumed silica (duty-free). Wacker would
be able to avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is March
24, 2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov.
Dated: February 8, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–02882 Filed 2–11–21; 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: Preliminary Results
of Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Partial Rescission
of Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of carbon and certain alloy
steel wire rod (wire rod) from Mexico
were made at less than normal value
during the period of review (POR),
October 1, 2018, through September 30,
2019. Further, Commerce is rescinding
the administrative review, in part, with
respect to ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT). We invite
interested parties to comment on these
preliminary results.
DATES: Applicable February 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Smith, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2181.
SUPPLEMENTARY INFORMATION:
AGENCY:
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17:27 Feb 11, 2021
Jkt 253001
Background
On October 29, 2002, Commerce
published the antidumping duty order
on wire rod from Mexico in the Federal
Register.1 On October 1, 2019, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
December 11, 2019, pursuant to section
751(a)(1) of the Act, Commerce initiated
an administrative review of the Order.3
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.4 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by an additional 60 days.5 On
October 1, 2020, Commerce extended
the deadline for the preliminary results
to February 17, 2021.6 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.7
Scope of the Order
The merchandise subject to the Order
is wire rod, in coils, of approximately
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
the subheadings: 7213.91.3000,
7213.91.3010, 7213.91.3011,
7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093,
7213.91.4500, 7213.91.4510,
7213.91.4590, 7213.91.6000,
7213.91.6010, 7213.91.6090,
7213.99.0030, 7213.99.0031,
1 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation, 84 FR 52068
(October 1, 2019).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
67712, 67715 (December 11, 2019) (Initiation
Notice).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated October 1, 2020.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results, Preliminary Determination
of No Shipments, and Partial Recission of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Carbon and Certain Alloy Steel Wire
Rod from Mexico,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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Fmt 4703
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7213.99.0038, 7213.99.0090,
7227.20.0000, 7227.20.0010,
7227.20.0020, 7227.20.0030,
7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030,
7227.90.6035, 7227.90.6050,
7227.90.6051, 7227.90.6053,
7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description
remains dispositive.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
The Initiation Notice listed AMLT as
one of the producers/exporters under
review.8 However, Commerce
previously determined in a changed
circumstances review that nearly all of
AMLT’s assets were sold to
ArcelorMittal Mexico and AMLT is no
longer in operation.9 Therefore, because
AMLT is no longer in existence and did
not have entries during the relevant
period, Commerce is partially
rescinding this administrative review
with respect to AMLT, in accordance
with 19 CFR 351.213(d)(3).
The review will continue with respect
to all other entities listed in the
Initiation Notice.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Constructed export price was
calculated in accordance with section
772 of the Act. Normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
8 See
Initiation Notice, 84 FR at 67715.
Final Results of Changed Circumstances
Review: Antidumping Duty Order on Carbon and
Certain Alloy Steel Wire Rod from Mexico, 82 FR
53456 (November 16, 2017).
9 See
E:\FR\FM\12FEN1.SGM
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
C.V. (i.e., the sole individually
examined respondent in this review) is
not zero or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific ad valorem antidumping duty
Preliminary Determination of No
assessment rates based on the ratio of
Shipments
the total amount of dumping calculated
On January 8, 2020, Grupo Villacero
for the importer’s examined sales to the
S.A. de C.V. (Villacero) reported that it
total entered value of those same sales
had no exports or sales of subject
in accordance with 19 CFR
merchandise into the United States
351.212(b)(1).13 We will instruct CBP to
during the POR.10 On February 13,
assess antidumping duties on all
2020, Commerce submitted a nonappropriate entries covered by this
shipment inquiry with U.S. Customs
review when the importer-specific
and Border Protection (CBP) with regard assessment rate calculated in the final
to the Villacero Non-Shipment Claim, to results of this review is above de
which CBP responded that it found no
minimis (i.e., 0.5 percent). Where either
shipments of subject merchandise by
the respondent’s weighted-average
Villacero during the POR.11
dumping margin is zero or de minimis,
Given that Villacero reported that it
or an importer-specific assessment rate
made no shipments of subject
is zero or de minimis, we will instruct
merchandise to the United States during CBP to liquidate the appropriate entries
the POR, and there is no information
without regard to antidumping duties.
calling its claim into question, we
The final results of this review shall be
preliminarily determine that Villacero
the basis for the assessment of
made no shipments of subject
antidumping duties on entries of
merchandise during the POR. Consistent merchandise covered by the final results
with Commerce’s practice, we will not
of this review where applicable.
rescind the review with respect to
For the companies which were not
Villacero but, rather, will complete the
selected for individual review (i.e.,
review and issue instructions to CBP
Talleres y Aceros S.A. de C.V., and
based on the final results.12
Ternium Mexico S.A. de C.V.), we will
assign an assessment rate based on the
Preliminary Results of the Review
weighted-average dumping margin
As a result of this review, we
calculated for the sole individually
preliminarily determine the following
examined respondent in this review,
weighted-average dumping margins
Deacero. The final results of this review
exist for the POR:
shall be the basis for the assessment of
Weighted- antidumping duties on entries of
merchandise covered by the final results
average
Manufacturers/producers/
dumping
of this review and for future deposits of
exporters
margins
estimated duties, where applicable.14
(percent)
In accordance with Commerce’s
Deacero S.A.P.I de C.V .............
2.49 ‘‘automatic assessment’’ practice, for
Talleres y Aceros S.A. de C.V ...
2.49 entries of subject merchandise during
Ternium Mexico S.A. de C.V ......
2.49 the POR produced by each respondent
which did not know that its
Assessment Rates
merchandise was destined for the
United States, we will instruct CBP to
Upon issuance of the final results,
liquidate entries not reviewed at the allCommerce shall determine, and CBP
others rate of 20.11 percent 15 if there is
shall assess, antidumping duties on all
no
rate for the intermediate
appropriate entries covered by this
company(ies) involved in the
review. If the weighted-average
transaction. Commerce intends to issue
dumping margin for Deacero S.A.P.I de
assessment instructions to CBP no
earlier than 41 days after the date of
10 See Villacero’s Letter, ‘‘Carbon and Certain
publication of the final results of this
Alloy Steel Wire Rod from Mexico: Notice of No
Sales,’’ dated January 8, 2020 (Villacero Nonreview in the Federal Register, in
Shipment Claim).
accordance with 19 CFR 356.8(a).
11
Decision Memorandum are identical in
content. A list of topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
See Memorandum, ‘‘Carbon Alloy Steel Wire
Rod from Mexico (A–201–830),’’ dated February 19,
2020.
12 See, e.g., Certain Lined Paper Products from
India: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2016–2017, 83 FR
50886 (October 10, 2018), unchanged in Certain
Lined Paper Products from India: Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 84 FR 23017 (May 21, 2019).
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17:27 Feb 11, 2021
Jkt 253001
13 In
the preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
14 See section 751(a)(2)(C) of the Act.
15 See Order, 67 FR at 65947.
PO 00000
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9323
For the company for which this
review is rescinded, AMLT,
antidumping duties shall be assessed at
rates equal to the cash deposit rate of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption. Commerce
intends to issue assessment instructions
to CBP no earlier than 41 days after the
date of publication of this rescission
notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of wire rod from Mexico
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results, as
provided by section 751(a)(2) of the Act:
(1) The cash deposit rate for the firms
listed above will be equal to the
dumping margins established in the
final results of this review, except if the
ultimate rates are de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 20.11 percent, the all-others rate
established in the antidumping duty
investigation.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations
performed in these preliminary results
to parties in this proceeding within five
days of the date of publication of this
notice.17
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
16 See
17 See
E:\FR\FM\12FEN1.SGM
Order, 67 FR at 65947.
19 CFR 351.224(b).
12FEN1
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
case briefs, may be filed no later than
seven days after the date for filing case
briefs.18 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.19 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.20
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
18 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
19 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
20 See Temporary Rule.
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17:27 Feb 11, 2021
Jkt 253001
Dated: February 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Margin for Companies Not Selected
for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–02922 Filed 2–11–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–858]
Oil Country Tubular Goods From India:
Rescission of Countervailing Duty
Administrative Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on oil
country tubular goods (OCTG) from
India, based on the timely withdrawal of
the requests for review. The period of
review (POR) is January 1, 2019,
through December 31, 2019.
DATES: Applicable February 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5255.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2020, Commerce
published a notice of opportunity to
request an administrative review of the
CVD order on OCTG from India for the
period January 1, 2019, through
December 31, 2019.1 On September 30,
2020, the domestic interested parties 2
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation, Opportunity
to Request Administrative Review, 85 FR 54349
(September 1, 2020).
2 The domestic interested parties are: United
States Steel Corporation, Maverick Tube
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
filed a request for administrative review
of the 45 Indian exporters/producers of,
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).3 On October 30,
2020, pursuant to this request, and in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice initiating an administrative
review of the CVD order on OCTG from
India with respect to all 45 companies
for which a review was requested.4
Between November 27, 2020, through
December 9, 2020, six companies
submitted no-shipment letters.5 On
January 11, 2021, Commerce released
entry data from U.S. Customs and
Border Protection (CBP) for respondent
selection and provided parties an
opportunity to comment on this CBP
data.6 On January 14, 2021, the
domestic interested parties filed a letter
withdrawing their request for an
administrative review of all 45
companies upon which this
administrative review was initiated.7
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
Corporation, Tenaris Bay City, Inc., and IPSCO
Tubulars Inc.
3 See Domestic Interested Parties’ Letter, ‘‘Oil
Country Tubular Goods from India: Request for
Administrative Review of Countervailing Duty
Order,’’ dated September 20, 2020.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020).
5 See Garg Tube Export LLP’s Letter, ‘‘Oil Country
Tubular Goods from India: Statement of no sales,
entries, or shipment of subject merchandise during
the Period of Review,’’ dated November 27, 2020;
Rakshita Overseas’ Letter, ‘‘Oil Country Tubular
Good from India: Statement of no sales, entries, or
shipment of subject merchandise during the Period
of Review,’’ dated November 27, 2020; Jindal Saw
Ltd.’s Letter, ‘‘Oil Country Tubular Goods from
India: Statement of no sales, entries or shipment of
subject merchandise during the Period of Review,’’
dated November 27, 2020; GVN Fuels Limited,
Maharashtra Seamless Limited, and Jindal Pipe
Limited’s Letter, ‘‘Oil Country Tubular Goods from
India: Statement of no sales, entries or shipment of
subject merchandise during the Period of Review,’’
dated November 27, 2020; Goodluck India Limited’s
Letter, ‘‘Oil Country Tubular Goods from India:
Statement of no sales, entries or shipment of subject
merchandise during the Period of Review,’’ dated
November 28, 2020; and Pennar Industries
Limited’s Letter, ‘‘Oil Country Tubular Goods from
India: Statement of no sales, entries or shipment of
subject merchandise during the Period of Review,’’
dated November 27, 2020 (filed on December 9,
2020).
6 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Oil Country
Tubular Goods from India: Release of U.S. Customs
Entry Data for Respondent Selection,’’ dated
January 11, 2021.
7 See Domestic Interested Parties’ Letter, ‘‘Oil
Country Tubular Goods from India: Withdrawal of
Request for Administrative Review of
Countervailing Duty Order,’’ dated January 14,
2021.
E:\FR\FM\12FEN1.SGM
12FEN1
]]>Agencies
[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9322-9324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02922]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results of Antidumping Duty Administrative Review, Preliminary
Determination of No Shipments, and Partial Rescission of Antidumping
Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of carbon and certain alloy steel wire rod (wire rod) from
Mexico were made at less than normal value during the period of review
(POR), October 1, 2018, through September 30, 2019. Further, Commerce
is rescinding the administrative review, in part, with respect to
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). We invite interested
parties to comment on these preliminary results.
DATES: Applicable February 12, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2002, Commerce published the antidumping duty order
on wire rod from Mexico in the Federal Register.\1\ On October 1, 2019,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On December 11, 2019,
pursuant to section 751(a)(1) of the Act, Commerce initiated an
administrative review of the Order.\3\ On April 24, 2020, Commerce
tolled all deadlines in administrative reviews by 50 days.\4\ On July
21, 2020, Commerce tolled all deadlines in administrative reviews by an
additional 60 days.\5\ On October 1, 2020, Commerce extended the
deadline for the preliminary results to February 17, 2021.\6\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Orders: Carbon and Certain
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation, 84 FR 52068 (October 1, 2019).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712, 67715 (December 11, 2019)
(Initiation Notice).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated October 1, 2020.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Determination of No Shipments, and Partial
Recission of the 2018-2019 Administrative Review of the Antidumping
Duty Order on Carbon and Certain Alloy Steel Wire Rod from Mexico,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is wire rod, in coils, of
approximately round cross section, 5.00 mm or more, but less than 19.00
mm, in solid cross-sectional diameter. The subject merchandise is
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) primarily under the subheadings: 7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590,
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031,
7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020,
7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and
7227.90.6085. The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description remains
dispositive.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
The Initiation Notice listed AMLT as one of the producers/exporters
under review.\8\ However, Commerce previously determined in a changed
circumstances review that nearly all of AMLT's assets were sold to
ArcelorMittal Mexico and AMLT is no longer in operation.\9\ Therefore,
because AMLT is no longer in existence and did not have entries during
the relevant period, Commerce is partially rescinding this
administrative review with respect to AMLT, in accordance with 19 CFR
351.213(d)(3).
---------------------------------------------------------------------------
\8\ See Initiation Notice, 84 FR at 67715.
\9\ See Final Results of Changed Circumstances Review:
Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod
from Mexico, 82 FR 53456 (November 16, 2017).
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The review will continue with respect to all other entities listed
in the Initiation Notice.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Constructed export price was calculated in accordance with section 772
of the Act. Normal value was calculated in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
[[Page 9323]]
Decision Memorandum are identical in content. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Preliminary Determination of No Shipments
On January 8, 2020, Grupo Villacero S.A. de C.V. (Villacero)
reported that it had no exports or sales of subject merchandise into
the United States during the POR.\10\ On February 13, 2020, Commerce
submitted a non-shipment inquiry with U.S. Customs and Border
Protection (CBP) with regard to the Villacero Non-Shipment Claim, to
which CBP responded that it found no shipments of subject merchandise
by Villacero during the POR.\11\
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\10\ See Villacero's Letter, ``Carbon and Certain Alloy Steel
Wire Rod from Mexico: Notice of No Sales,'' dated January 8, 2020
(Villacero Non-Shipment Claim).
\11\ See Memorandum, ``Carbon Alloy Steel Wire Rod from Mexico
(A-201-830),'' dated February 19, 2020.
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Given that Villacero reported that it made no shipments of subject
merchandise to the United States during the POR, and there is no
information calling its claim into question, we preliminarily determine
that Villacero made no shipments of subject merchandise during the POR.
Consistent with Commerce's practice, we will not rescind the review
with respect to Villacero but, rather, will complete the review and
issue instructions to CBP based on the final results.\12\
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\12\ See, e.g., Certain Lined Paper Products from India:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017, 83 FR 50886
(October 10, 2018), unchanged in Certain Lined Paper Products from
India: Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 23017 (May 21, 2019).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Manufacturers/producers/ exporters dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V...................................... 2.49
Talleres y Aceros S.A. de C.V............................... 2.49
Ternium Mexico S.A. de C.V.................................. 2.49
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If the weighted-average dumping margin for Deacero
S.A.P.I de C.V. (i.e., the sole individually examined respondent in
this review) is not zero or de minimis (i.e., less than 0.5 percent),
we will calculate importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\13\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is above de minimis
(i.e., 0.5 percent). Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\13\ In the preliminary results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
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For the companies which were not selected for individual review
(i.e., Talleres y Aceros S.A. de C.V., and Ternium Mexico S.A. de
C.V.), we will assign an assessment rate based on the weighted-average
dumping margin calculated for the sole individually examined respondent
in this review, Deacero. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate of 20.11 percent \15\ if there is no rate for
the intermediate company(ies) involved in the transaction. Commerce
intends to issue assessment instructions to CBP no earlier than 41 days
after the date of publication of the final results of this review in
the Federal Register, in accordance with 19 CFR 356.8(a).
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\15\ See Order, 67 FR at 65947.
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For the company for which this review is rescinded, AMLT,
antidumping duties shall be assessed at rates equal to the cash deposit
rate of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption. Commerce intends to issue
assessment instructions to CBP no earlier than 41 days after the date
of publication of this rescission notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of wire rod from Mexico entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results, as provided by section 751(a)(2) of the Act: (1) The
cash deposit rate for the firms listed above will be equal to the
dumping margins established in the final results of this review, except
if the ultimate rates are de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rates will be zero; (2)
for merchandise exported by producers or exporters not covered in this
administrative review but covered in a prior segment of the proceeding,
the cash deposit rate will continue to be the company specific rate
published for the most recently completed segment of this proceeding in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less-
than-fair-value investigation but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 20.11 percent, the all-others rate
established in the antidumping duty investigation.\16\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Order, 67 FR at 65947.
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Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\17\
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\17\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the
[[Page 9324]]
case briefs, may be filed no later than seven days after the date for
filing case briefs.\18\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\19\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety by the established deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\20\
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\18\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\19\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\20\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: February 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Margin for Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-02922 Filed 2-11-21; 8:45 am]
BILLING CODE 3510-DS-P
