Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review, and Final Determination of No Shipments; 2018-2019, 46179-46181 [2021-17650]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.11
Commerce intends to issue the final
results of this NSR, including the results
of its analysis of issues raised in any
written briefs, no later than 90 days after
the date of publication of this notice,
unless extended, pursuant to section
751(a)(2)(B) of the Act.
Assessment Rates
If Commerce issues a final rescission
of this review, Commerce does not
intend to instruct U.S. Customs and
Border Protection (CBP) to liquidate the
relevant entry because the entry is
subject to the administrative review
covering the period April 1, 2020,
through March 31, 2021, initiated on
June 11, 2021.12
If Commerce does not proceed to a
final rescission of this NSR, pursuant to
19 CFR 351.202(b)(1), it will calculate
an importer-specific assessment rate
based on the final results of this review.
However, pursuant to Commerce’s
refinement to its assessment practice in
non-market economy cases, for entries
that were not reported in the U.S. sales
database submitted by Hualing,
Commerce intends to instruct CBP to
liquidate such entries at the China-wide
rate.13
Cash Deposit Instructions
jbell on DSKJLSW7X2PROD with NOTICES
If Commerce proceeds to a final
rescission of this review, the cash
deposit rate will continue to be the
China-wide rate for Hualing because
Commerce will not have determined an
individual weighted-average dumping
margin for Hualing. If Commerce
determines an individual weightedaverage dumping margin for Hualing, it
intends to instruct CBP to collect cash
deposits, effective upon the publication
of the final results of review, equal to
the calculated weighted-average
dumping margin.
11 See
19 CFR 351.310(c).
Initiation of Antidumping and
Countervailing Duty Administrative Reviews 86 FR
31282 (June 11, 2021).
13 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
12 See
VerDate Sep<11>2014
17:34 Aug 17, 2021
Jkt 253001
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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: August 12, 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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021–17731 Filed 8–17–21; 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: Final Results of
Antidumping Duty Administrative
Review, and Final Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that sales of
carbon and certain alloy steel wire rod
(wire rod) from Mexico were made at
less than normal value (NV) during the
period of review (POR), October 1, 2018,
through September 30, 2019.
DATES: Applicable August 18, 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:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
46179
Background
On February 12, 2021, Commerce
published the Preliminary Results of
this review in the Federal Register.1 We
invited interested parties to comment on
the Preliminary Results. Deacero S.A.P.I
de C.V. (Deacero) was selected for
individual examination as a mandatory
respondent in this review. We received
case briefs from Deacero and Nucor
Corporation (Nucor, or the petitioner).2
Subsequently, we received a rebuttal
brief from the petitioner and a letter in
lieu of a rebuttal brief from Deacero.3
On May 27, 2021, we extended the
deadline for the final results of the
administrative review until August 11,
2021.4 A complete summary of the
events that occurred since publication
of the Preliminary Results is found in
the Issues and Decision Memorandum.5
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 6
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,
1 See 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, 86 FR 9322 (February 12, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Deacero’s Letter, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico—Case Brief,’’ dated
March 15, 2021; and Nucor’s Letter, ‘‘Carbon and
Certain Alloy Steel Wire Rod from Mexico:
Resubmission of Nucor’s Rebuttal {sic} Brief,’’
dated April 5, 2021.
3 See Nucor’s Letter, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico—Rebuttal Brief,’’ dated
March 29, 2021; and Deacero’s Letter, ‘‘Carbon and
Certain Alloy Steel Wire Rod from Mexico—Letter
in Lieu of Rebuttal Case Brief,’’ dated March 29,
2021.
4 See Memorandum, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated May 27, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Results, and Final Determination of No
Shipments, 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 (Issues and Decision Memorandum).
6 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
E:\FR\FM\18AUN1.SGM
18AUN1
46180
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
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 Issues and
Decision Memorandum.
Rates for Respondents Not Selected for
Individual Examination
Commerce did not select the
following companies for individual
examination: Talleres y Aceros S.A. de
C.V. (Talleres y Aceros), and Ternium
Mexico S.A. de C.V. (Ternium). Further,
neither of these firms: Was the subject
of a withdrawal of request for review;
requested to participate as a voluntary
respondent; submitted a claim of no
shipments; nor was not otherwise
collapsed with a mandatory respondent.
As such, these companies remain
respondents not selected for individual
examination. As explained in the Issues
and Decision Memorandum, we have
assigned to Talleres y Aceros and
Ternium the weighted-average dumping
margin calculated for Deacero.
will instruct CBP to liquidate without
regard to antidumping duties any
entries for which the importer-specific
assessment rate is zero or de minimis.
For entries of subject merchandise
during the POR produced by Deacero for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For the companies not
selected for individual examination, we
will instruct CBP to apply an
assessment rate to all entries produced
and/or exported by those companies
equal to the dumping margin indicated
above. Commerce intends to issue
assessment instructions to CBP 41 days
after the date of publication of these
final results of review.9
Cash Deposit Requirements
The following cash deposit
We addressed all issues raised in the
requirements will be effective upon
case and rebuttal briefs in the Issues and
publication of the notice of final results
Decision Memorandum, which is hereby
of administrative review for all
adopted by this notice. The issues are
Final Results of the Review
shipments of subject merchandise
identified in the appendix to this notice.
Commerce determines that the
entered, or withdrawn from warehouse,
The Issues and Decision Memorandum
following weighted-average dumping
for consumption on or after the
is a public document and is on file
margins exist for the period October 1,
publication of the final results of this
electronically via Enforcement and
2018 through September 30, 2019:
administrative review, as provided by
Compliance’s Antidumping and
section 751(a)(2) of the Act: (1) For
Countervailing Duty Centralized
Weighted- producers or exporters covered in this
Electronic Service System (ACCESS).
average
administrative review, the cash deposit
ACCESS is available to registered users
Producers/exporters
dumping
rates will be the rates established in the
margins
at https://access.trade.gov. In addition, a
final results of this administrative
(percent)
complete version of the Issues and
review; (2) for producers or exporters
Decision Memorandum can be accessed
Deacero S.A.P.I de C.V .............
9.82 not covered in this administrative
directly on the internet at https://
Talleres y Aceros S.A. de C.V ...
9.82 review but covered in a prior segment
enforcement.trade.gov/frn/.
Ternium Mexico S.A. de C.V ......
9.82
of the proceeding, the cash deposit rate
Changes Since the Preliminary Results
will continue to be the companyDisclosure
specific rate published for the most
Based on the receipt of updated sales
We intend to disclose the calculations recent period; (3) if the exporter is not
information filed subsequent to the
performed to parties in this proceeding
a firm covered in this review, a prior
Preliminary Results, as well as our
review, or the original investigation, but
analysis of the comments received from within five days after publication of
these final results in the Federal
the producer is, then the cash deposit
parties, we have made certain revisions
Register, in accordance with 19 CFR
rate will be the rate established for the
to the margin calculation for Deacero.7
351.224(b).
most recent period for the producer of
For detailed information, see the Issues
the merchandise; and (4) the cash
and Decision Memorandum.
Assessment Rates
deposit rate for all other producers or
Final Determination of No Shipments
Pursuant to section 751(a)(2)(A) of the exporters will continue to be 20.11
percent, the all-others rate established
In the Preliminary Results, Commerce Act, and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
in the investigation.10 These cash
preliminarily determined that Grupo
shall assess, antidumping duties on all
Villacero S.A. de C.V. (Villacero) made
deposit requirements, when imposed,
appropriate entries of subject
no shipments of subject merchandise
shall remain in effect until further
merchandise in accordance with the
8
during the POR. As we have not
notice.
final results of this review.
received any information to contradict
Notification to Importers
For Deacero, Commerce has
this determination, nor comment in
calculated
importer-specific
This notice also serves as a final
opposition to our preliminary finding,
reminder to importers of their
we continue to determine that Villacero antidumping duty assessment rates by
aggregating the total amount of dumping responsibility under 19 CFR
made no shipments of subject
351.402(f)(2) to file a certificate
merchandise during the POR. Consistent calculated for the examined sales of
each importer and dividing each of
regarding the reimbursement of
with our practice, we will instruct U.S.
these amounts by the total entered value antidumping duties prior to liquidation
associated with those sales in
7 See Issues and Decision Memorandum.
9 See 19 CFR 356.8(a).
accordance with 19 CFR 351.212(b)(1).
8 See Preliminary Results, 86 FR at 9323 and
10 See Order, 67 FR at 65947.
Pursuant to 19 CFR 351.106(c)(2), we
accompanying PDM at 5–6.
Analysis of Comments Received
jbell on DSKJLSW7X2PROD with NOTICES
Customs and Border Protection (CBP) to
liquidate any existing entries of subject
merchandise produced by Villacero, but
exported by other parties, at the rate for
the intermediate reseller, if available, or
at the all-others rate.
VerDate Sep<11>2014
17:34 Aug 17, 2021
Jkt 253001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\18AUN1.SGM
18AUN1
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h).
Dated: August 11, 2021.
Christian Marsh,
Acting 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. Final Determination of No Shipments
V. Margin for Companies Not Selected for
Individual Examination
VI. Changes Since the Preliminary Results
VII. Discussion of Comments
Comment 1: Whether Commerce Should
Treat Section 232 Duties as United States
Import Duties and Whether Commerce
Made a Clerical Error When Deducting
Section 232 Duties from U.S. Price
Comment 2: Whether Commerce Made a
Clerical Error Regarding the Treatment of
Early Payment Discounts
Comment 3: Whether Commerce Made a
Clerical Error Regarding the Selection of
Customer Code
VIII. Recommendation
[FR Doc. 2021–17650 Filed 8–17–21; 8:45 am]
jbell on DSKJLSW7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:34 Aug 17, 2021
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–901]
Organic Soybean Meal From India:
Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable August 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, 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) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 20, 2021, the Department of
Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation(s)
of imports of organic soybean meal from
India.1 Currently, the preliminary
determination is due no later than
September 7, 2021.
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner 2 makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
1 See Organic Soybean Meal from India: Initiation
of Less-Than-Fair Value Investigation, 86 FR 22146
(April 27, 2021) (Initiation Notice).
2 The petitioners are Organic Soybean Processors
of America and the American Natural Processors,
LLC, Organic Production Services, LLC,
Professional Proteins, Ltd., Sheppard Grain
Enterprises LLC, Simmons Grain Company, Super
Soy, LLC, and Tri-State Crush LLC.
Jkt 253001
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
46181
it finds compelling reasons to deny the
request.
On August 9, 2021, the petitioners
submitted a timely request that
Commerce postpone the preliminary
determinations in this LTFV
investigation.3 The petitioners requested
the postponement to permit Commerce
to ‘‘fully develop the record in this
investigation,’’ assess questionnaire
responses, and issue supplemental
questionnaires.4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
October 27, 2021. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–17729 Filed 8–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB140]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Geophysical
Survey in the Arctic Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
SUMMARY:
3 See Petitioners’ Letter, ‘‘Organic Soybean Meal
from India: Petitioners’ Request to Postpone the
Preliminary Determination,’’ dated August 9, 2021.
4 Id.
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46179-46181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17650]
-----------------------------------------------------------------------
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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
carbon and certain alloy steel wire rod (wire rod) from Mexico were
made at less than normal value (NV) during the period of review (POR),
October 1, 2018, through September 30, 2019.
DATES: Applicable August 18, 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 February 12, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Deacero S.A.P.I de C.V.
(Deacero) was selected for individual examination as a mandatory
respondent in this review. We received case briefs from Deacero and
Nucor Corporation (Nucor, or the petitioner).\2\ Subsequently, we
received a rebuttal brief from the petitioner and a letter in lieu of a
rebuttal brief from Deacero.\3\ On May 27, 2021, we extended the
deadline for the final results of the administrative review until
August 11, 2021.\4\ A complete summary of the events that occurred
since publication of the Preliminary Results is found in the Issues and
Decision Memorandum.\5\ Commerce conducted this review in accordance
with section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See 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, 86 FR 9322
(February 12, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Deacero's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico--Case Brief,'' dated March 15, 2021; and Nucor's
Letter, ``Carbon and Certain Alloy Steel Wire Rod from Mexico:
Resubmission of Nucor's Rebuttal {sic{time} Brief,'' dated April 5,
2021.
\3\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico--Rebuttal Brief,'' dated March 29, 2021; and
Deacero's Letter, ``Carbon and Certain Alloy Steel Wire Rod from
Mexico--Letter in Lieu of Rebuttal Case Brief,'' dated March 29,
2021.
\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated May 27, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Final Results,
and Final Determination of No Shipments, 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Notice of Antidumping Duty Orders: Carbon and Certain
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
---------------------------------------------------------------------------
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,
[[Page 46180]]
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
Issues and Decision Memorandum.
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 by 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on the receipt of updated sales information filed subsequent
to the Preliminary Results, as well as our analysis of the comments
received from parties, we have made certain revisions to the margin
calculation for Deacero.\7\ For detailed information, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Grupo Villacero S.A. de C.V. (Villacero) made no shipments of subject
merchandise during the POR.\8\ As we have not received any information
to contradict this determination, nor comment in opposition to our
preliminary finding, we continue to determine that Villacero made no
shipments of subject merchandise during the POR. Consistent with our
practice, we will instruct U.S. Customs and Border Protection (CBP) to
liquidate any existing entries of subject merchandise produced by
Villacero, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 86 FR at 9323 and accompanying PDM
at 5-6.
---------------------------------------------------------------------------
Rates for Respondents Not Selected for Individual Examination
Commerce did not select the following companies for individual
examination: Talleres y Aceros S.A. de C.V. (Talleres y Aceros), and
Ternium Mexico S.A. de C.V. (Ternium). Further, neither of these firms:
Was the subject of a withdrawal of request for review; requested to
participate as a voluntary respondent; submitted a claim of no
shipments; nor was not otherwise collapsed with a mandatory respondent.
As such, these companies remain respondents not selected for individual
examination. As explained in the Issues and Decision Memorandum, we
have assigned to Talleres y Aceros and Ternium the weighted-average
dumping margin calculated for Deacero.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2018 through September 30,
2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V...................................... 9.82
Talleres y Aceros S.A. de C.V............................... 9.82
Ternium Mexico S.A. de C.V.................................. 9.82
------------------------------------------------------------------------
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
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
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 in
accordance with 19 CFR 351.212(b)(1). 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. For entries of subject merchandise during the POR produced
by Deacero for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For the companies not
selected for individual examination, we will instruct CBP to apply an
assessment rate to all entries produced and/or exported by those
companies equal to the dumping margin indicated above. Commerce intends
to issue assessment instructions to CBP 41 days after the date of
publication of these final results of review.\9\
---------------------------------------------------------------------------
\9\ See 19 CFR 356.8(a).
---------------------------------------------------------------------------
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) For producers or exporters covered in this
administrative review, the cash deposit rates will be the rates
established in the final results of this administrative review; (2) for
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, then 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.\10\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Order, 67 FR at 65947.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
[[Page 46181]]
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).
Dated: August 11, 2021.
Christian Marsh,
Acting 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. Final Determination of No Shipments
V. Margin for Companies Not Selected for Individual Examination
VI. Changes Since the Preliminary Results
VII. Discussion of Comments
Comment 1: Whether Commerce Should Treat Section 232 Duties as
United States Import Duties and Whether Commerce Made a Clerical
Error When Deducting Section 232 Duties from U.S. Price
Comment 2: Whether Commerce Made a Clerical Error Regarding the
Treatment of Early Payment Discounts
Comment 3: Whether Commerce Made a Clerical Error Regarding the
Selection of Customer Code
VIII. Recommendation
[FR Doc. 2021-17650 Filed 8-17-21; 8:45 am]
BILLING CODE 3510-DS-P
