Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Antidumping Duty Administrative Review; 2019-2020, 60799-60801 [2021-24081]
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
Notice to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Non-Selected Company Under Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021–24080 Filed 11–3–21; 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 and Partial Recission of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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, 2019, through September 30,
2020. Further, Commerce is rescinding
the administrative review, in part. We
invite interested parties to comment on
these preliminary results.
SUMMARY:
DATES:
Applicable November 4, 2021.
lotter on DSK11XQN23PROD with NOTICES1
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:
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Jkt 256001
Background
On October 29, 2002, Commerce
published the antidumping duty order
on wire rod from Mexico in the Federal
Register.1 On October 1, 2020, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
December 8, 2020, pursuant to section
751(a)(1) of the Act, Commerce initiated
an administrative review of the Order.3
On June 14, 2021, Commerce extended
the deadline for the preliminary results
to October 29, 2021.4 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.5
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,
7213.99.0038, 7213.99.0090,
7227.20.0000, 7227.20.0010,
7227.20.0020, 7227.20.0030,
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; Opportunity
To Request Administrative Review, 85 FR 61926
(October 1, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
78990 (December 8, 2020) (Initiation Notice). The
Initiation Notice listed ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) as one of the producers/
exporters under review. Id. at 78993. However,
Commerce later clarified that the initiation of the
review with respect to AMLT was in error, as
AMLT is no longer in operation and its assets have
been sold to ArcelorMittal Mexico S.A. de C.V, and
thus AMLT was not subject to the instant review.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 86 FR 511, 512–13
n.5 (January 6, 2021).
4 See Memorandum, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 14, 2021.
5 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
Sfmt 4703
60799
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
Nucor Corporation withdrew its
request for an administrative review of
Grupo Villacero S.A. de C.V. (Villacero)
and Talleres y Aceros S.A. de C.V.
(Talleres y Aceros).6 As no other party
requested a review of Talleres y Aceros,
and Villacero, we are therefore partially
rescinding this administrative review
with respect to Talleres y Aceros and
Villacero pursuant to 19 CFR
351.213(d)(1). The review will continue
with respect to Deacero S.A.P.I. de C.V.
and Ternium Mexico S.A. de C.V.
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://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the POR:
6 See Nucor’s Letter, ‘‘Carbon and Alloy Steel
Wire Rod from Mexico: Request for Withdrawal of
Administrative Review Concerning AMLT,’’ dated
March 8, 2021.
E:\FR\FM\04NON1.SGM
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60800
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
Weightedaverage
dumping
margins
(percent)
Manufacturer/producer/exporter
Deacero S.A.P.I. de C.V .......................
Ternium Mexico S.A. de C.V ................
26.12
26.12
Assessment Rates
lotter on DSK11XQN23PROD with NOTICES1
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (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. (Deacero) (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
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).7 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.
For the company which was not
selected for individual review (i.e.,
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.8
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Deacero which
7 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).
8 See section 751(a)(2)(C) of the Act.
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17:57 Nov 03, 2021
Jkt 256001
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 9 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).
For the companies for which this
review is rescinded, Villacero and
Talleres y Aceros, 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.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
9 See
Order, 67 FR at 65947.
Order, 67 FR at 65947.
10 See
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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.11
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.12 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.13 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.14
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
11 See
19 CFR 351.224(b).
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).
13 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
14 See Temporary Rule.
12 See
E:\FR\FM\04NON1.SGM
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
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)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Margin for Companies Not Selected for
Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–24081 Filed 11–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number 211026–0219]
Study on People’s Republic of China
(PRC) Policies and Influence in the
Development of International
Standards for Emerging Technologies
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Request for information.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
soliciting public comment on People’s
Republic of China (PRC) policies and
influence in the development of
international standards for emerging
technologies. Section 9414 of the
National Defense Authorization Act
(NDAA) of 2021 directs NIST to enter
into an agreement with an appropriate
entity to conduct a study and provide
recommendations with respect to the
effect of policies of the PRC and
coordination among industrial entities
within the PRC on international bodies
engaged in developing and setting
international standards for emerging
technologies. NIST is seeking comments
to provide information for the study and
resulting recommendations. In addition
to the specific topic areas found in the
Request for Information section of this
notice, commenters may provide
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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17:57 Nov 03, 2021
Jkt 256001
responses to any other relevant issues.
Recommendations on the actions the
United States could take to mitigate any
undue influence of the PRC and bolster
United States public and private sector
participation in international standardssetting bodies are also sought.
Comments received in response to this
request will be used to inform the work
of the entity.
DATES: Comments must be received by
5:00 p.m. Eastern time on December 6,
2021. Written comments in response to
the RFI should be submitted according
to the instructions in the ADDRESSES
section below. Submissions received
after that date may not be considered.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Electronic submission: Submit
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov and
enter NIST–2021–0006 in the search
field,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
Comments containing references,
studies, research, and other empirical
data that are not widely published
should include copies of the referenced
materials. All submissions, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
NIST reserves the right to publish
relevant comments publicly, unedited
and in their entirety. Personal
information, such as account numbers
or Social Security numbers, or names of
other individuals, should not be
included. Do not submit confidential
business information, or otherwise
sensitive or protected information.
Comments that contain profanity,
vulgarity, threats, or other inappropriate
language or content will not be
considered.
FOR FURTHER INFORMATION CONTACT:
David F. Alderman, Standards Services
Division, National Institute of Standards
and Technology via email:
david.alderman@nist.gov, or phone;
240–446–8843. Please direct media
inquiries to NIST’s Office of Public
Affairs at (301) 975–2762 or inquiries@
nist.gov.
SUPPLEMENTARY INFORMATION: NIST’s
Standards Coordination Office (SCO),
initiates and manages programs, tools
and activities to enhance U.S. industry
competitiveness and federal agencies’
coordination on issues related to
technical standards and conformity
assessment.
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60801
SCO monitors and participates in
standards development and conformity
assessment activities globally, consults
with other federal agencies on standards
policy issues, offers workshops and
educational seminars for domestic and
international audiences, and provides
standards-related research and
information services. More information
can be found at https://www.nist.gov/
standardsgov/about-standardsgov.
All industries use standardized
processes and specifications to ensure
that products are built to work together
seamlessly. If each country or company
did not adhere to the same standards,
technologies would not be able to easily
work with products designed by other
companies or to work in other markets.
In effect, standards allow products to be
designed and produced at scale and
used worldwide, which facilitates global
trade. For example, the Wi-Fi standard
provides the requirements for wireless
local area networks and has facilitated
the broad-based adoption of Wi-Fi
wireless technology, which is now
ubiquitous and has become
indispensable for home networking,
public internet connectivity, supporting
the Internet of Things, and more.
Standards can also be proprietary and
for-profit. For example, an operating
system in a phone is open-source in
order to promote standardization among
smartphone makers and app developers,
but companies still must pay licensing
fees to use it.
There is not a single process by which
all standards are created. Generally
speaking, standards are set by a
combination of private companies who
are industry leaders as well as by
international industry associations.
Standards are enforced either as a
convention—a ‘‘best practice’’—or as
formal agreements, depending on the
industry and product.
Standards are not just useful for
solving practical issues of compatibility,
but also because they accelerate
innovation. When companies use open
standards rather than proprietary ones,
they do not need to devote resources to
developing their own internal systems
and can instead follow established
practices. International standards allow
regulators and governments to improve
trade policies and develop better
regulations. International standards
developed in a process consistent with
the World Trade Organization’s
Technical Barriers to Trade Agreement
provide an ideal tool to support trade
agreements, and to provide confidence
that requirements for products and
testing have global relevance and are
accepted worldwide.
E:\FR\FM\04NON1.SGM
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Agencies
[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60799-60801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24081]
-----------------------------------------------------------------------
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 and Partial Recission
of Antidumping Duty Administrative Review; 2019-2020
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, 2019, through September 30, 2020. Further, Commerce
is rescinding the administrative review, in part. We invite interested
parties to comment on these preliminary results.
DATES: Applicable November 4, 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, 2020,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On December 8, 2020, pursuant
to section 751(a)(1) of the Act, Commerce initiated an administrative
review of the Order.\3\ On June 14, 2021, Commerce extended the
deadline for the preliminary results to October 29, 2021.\4\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\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; Opportunity To Request Administrative
Review, 85 FR 61926 (October 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation
Notice). The Initiation Notice listed ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) as one of the producers/exporters under review.
Id. at 78993. However, Commerce later clarified that the initiation
of the review with respect to AMLT was in error, as AMLT is no
longer in operation and its assets have been sold to ArcelorMittal
Mexico S.A. de C.V, and thus AMLT was not subject to the instant
review. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511, 512-13 n.5 (January 6, 2021).
\4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod
from Mexico: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated June 14, 2021.
\5\ 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
Nucor Corporation withdrew its request for an administrative review
of Grupo Villacero S.A. de C.V. (Villacero) and Talleres y Aceros S.A.
de C.V. (Talleres y Aceros).\6\ As no other party requested a review of
Talleres y Aceros, and Villacero, we are therefore partially rescinding
this administrative review with respect to Talleres y Aceros and
Villacero pursuant to 19 CFR 351.213(d)(1). The review will continue
with respect to Deacero S.A.P.I. de C.V. and Ternium Mexico S.A. de
C.V.
---------------------------------------------------------------------------
\6\ See Nucor's Letter, ``Carbon and Alloy Steel Wire Rod from
Mexico: Request for Withdrawal of Administrative Review Concerning
AMLT,'' dated March 8, 2021.
---------------------------------------------------------------------------
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://access.trade.gov/public/FRNoticesListLayout.aspx. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
[[Page 60800]]
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V..................................... 26.12
Ternium Mexico S.A. de C.V.................................. 26.12
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (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. (Deacero)
(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).\7\ 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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\7\ 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 company which was not selected for individual review (i.e.,
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.\8\
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\8\ 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 Deacero
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 \9\ 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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\9\ See Order, 67 FR at 65947.
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For the companies for which this review is rescinded, Villacero and
Talleres y Aceros, 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.\10\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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.\11\
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\11\ 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 no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\12\ 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.\13\ 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.\14\
---------------------------------------------------------------------------
\12\ 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\14\ 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
[[Page 60801]]
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)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Margin for Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-24081 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P