Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review; 2019-2020, 13705-13707 [2022-05069]
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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices
According to the CBP import data,
eight companies subject to this review
did not have reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.8
Further, in response to the Preliminary
Results, no party submitted information
to contradict the information on the
record. Therefore, because there is no
evidence on the record of this segment
of the proceeding to indicate that these
companies had entries, exports, or sales
of subject merchandise to the United
States during the POR, we are
rescinding the administrative review
with respect to these companies,
consistent with 19 CFR 351.213(d)(3).
Rate for Non-Selected Companies
Under Review
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents. For these
companies, we are applying the rate
calculated for the sole mandatory
respondent, Sumitomo Rubber (Hunan)
Co., Ltd. (Sumitomo Rubber), which is
above de minimis and not based entirely
on facts available. This methodology to
establish the non-selected subsidy rate
is consistent with our practice and uses
section 705(c)(5)(A) of the Act, which
governs the calculation of the all-others
rate in investigations, as guidance.
Final Results of Review
We determine the following net
countervailable subsidy rates for the
POR January 1, 2019, through December
31, 2019:
Subsidy rate
(percent
ad valorem)
Producer/exporter
Sumitomo Rubber (Hunan) Co., Ltd.
and its cross-owned affiliates.9 ........
Triangle Tyre Co., Ltd.10 .....................
24.79
124.53
Review-Specific Average Rate Applicable to the
Following Companies
Jiangsu Hankook Tire Co., Ltd ...........
Qingdao Landwinner Tyre Co., Ltd .....
Shandong Province Sanli Tire Manufacture Co., Ltd ................................
24.79
24.79
24.79
Disclosure
khammond on DSKJM1Z7X2PROD with NOTICES
We intend to disclose to interested
parties the calculations and analysis
8 These companies are: Hankook Tire China Co.,
Ltd.; Prinx Chengshan (Shandong) Tire Company
Ltd.; Qingdao Fullrun Tyre Tech Corp., Ltd.;
Qingdao Honghuasheng Trade Co., Ltd; Qingdao
Kapsen Trade Co.; Shandong Habilead Rubber Co.,
Ltd.; Shandong Hongsheng Rubber Technology Co.,
Ltd.; and Shandong Qilun Rubber Co., Ltd.
9 Commerce finds the following companies to be
cross owned with Sumitomo Rubber (Hunan) Co.,
Ltd.: Sumitomo Rubber (China) Co., Ltd. and
Sumitomo Rubber (Changshu) Co. Ltd.
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Jkt 256001
performed for these final results of this
review within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Assessment
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of this publication of
the final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
With respect to the companies for
which this administrative review is
rescinded, countervailing duties shall be
assessed at rates equal to the cash
deposit rate required at the time of
entry, or withdrawal from warehouse,
for consumption, during the period
January 1, 2019, through December 31,
2019, in accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the abovelisted companies with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
10 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
705(c)(5)(A) of the Act.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
13705
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
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: March 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Commerce Should
Reverse its Decision to Countervail the
Export Buyer’s Credit Program (EBCP)
based on Adverse Facts Available (AFA)
Comment 2: Whether Commerce Should
Reverse its Decision to Apply AFA in
Finding that the Domestic Producers that
Supplied Inputs are ‘‘Authorities’’
Comment 3: Whether Commerce Should
Use World Export Prices as the Tier-Two
Benchmark Prices to Calculate the
Alleged Input Subsidies
Comment 4: Whether Commerce Should
Adjust for Ocean Freight if it Continues
to Rely on Import Prices as the Tier-One
Benchmark for Inputs
Comment 5: Whether Commerce Should
Apply AFA on Electricity for LTAR
Comment 6: Whether Commerce Should
Apply AFA to ‘‘Other Subsidies’’
Comment 7: Whether Commerce Should
Treat the Assistance for Deployment of
Trade as an Export Subsidy for SRH
Comment 8: Whether Commerce Should
Apply a Separate Adverse Rate for the
Enterprise Income Tax Law, R&D
Program
VIII. Recommendation
[FR Doc. 2022–05068 Filed 3–9–22; 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; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\10MRN1.SGM
10MRN1
13706
Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices
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, 2019,
through September 30, 2020.
DATES: Applicable March 10, 2022.
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:
SUMMARY:
Background
On November 4, 2021, Commerce
published the Preliminary Results of
this review in the Federal Register.1 We
invited interested parties to comment on
the Preliminary Results. This review
covers one mandatory respondent
selected for individual examination,
Deacero S.A.P.I de C.V. (Deacero). We
received case briefs from Deacero and
Nucor Corporation (Nucor, or the
petitioner).2 Subsequently, we received
a rebuttal brief from Deacero.3 A
complete summary of the events that
occurred since publication of the
Preliminary Results is found in the
Issues and Decision Memorandum.4
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 5
khammond on DSKJM1Z7X2PROD with NOTICES
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.
1 See 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, 86 FR 60799 (November 4, 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
December 6, 2021; see also Nucor’s Letter, ‘‘Carbon
and Certain Alloy Steel Wire Rod from Mexico:
Case Brief,’’ dated December 6, 2021.
3 See Deacero’s Letter, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico—Rebuttal Brief,’’ dated
December 13, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2019–2020 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).
5 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).
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Jkt 256001
A full description of the scope of the
Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the Issues and Decision
Memorandum. 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://access.
trade.gov/public/FRNoticesListLayout.
aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from parties, we
have made certain revisions to the
margin calculation for Deacero.6 For
detailed information, see the Issues and
Decision Memorandum.
Rate for Respondent Not Selected for
Individual Examination
Commerce did not select Ternium
Mexico S.A. de C.V. (Ternium) for
individual examination. Further,
Ternium was not the subject of a
withdrawal of request for review; did
not request to participate as a voluntary
respondent; did not submit a claim of
no shipments; and was not otherwise
collapsed with a mandatory respondent.
Therefore, Ternium remains a
respondent not selected for individual
examination. As explained in the Issues
and Decision Memorandum, we have
assigned to Ternium the weightedaverage dumping margin calculated for
Deacero.
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.7
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
Final Results of the Review
of administrative review for all
shipments of subject merchandise
Commerce determines that the
entered, or withdrawn from warehouse,
following weighted-average dumping
for consumption on or after the
margins exist for the period October 1,
publication of the final results of this
2019, through September 30, 2020:
administrative review, as provided by
Weighted- section 751(a)(2) of the Act: (1) For
average
producers or exporters covered in this
Producers/exporters
dumping
administrative review, the cash deposit
margins
rates will be the rates established in the
(percent)
final results of this administrative
Deacero S.A.P.I de C.V .............
4.64 review; (2) for producers or exporters
Ternium Mexico S.A. de C.V ......
4.64 not covered in this administrative
review but covered in a prior segment
6 See
PO 00000
Issues and Decision Memorandum.
Frm 00020
Fmt 4703
Sfmt 4703
7 See
E:\FR\FM\10MRN1.SGM
19 CFR 351.356.8(a).
10MRN1
Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices
of the proceeding, the cash deposit rate
will continue to be the companyspecific 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.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
VI. Discussion of Comments
Comment 1: Whether Commerce Made a
Ministerial Error Related to Currency
Conversion
Comment 2: Whether Commerce Should
Exclude Insurance Revenue from the
Calculation of Deacero’s Home Market
Credit Expenses
Comment 3: Whether Deacero Failed to
Report Inland Freight Expenses for Some
U.S. Sales.
VII. Recommendation
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
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.
International Trade Administration
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: March 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin for Company Not Selected for
Individual Examination
V. Changes Since the Preliminary Results
8 See
Order, 67 FR at 65947.
VerDate Sep<11>2014
16:20 Mar 09, 2022
Jkt 256001
[FR Doc. 2022–05069 Filed 3–9–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
United States-Mexico-Canada
Agreement (USMCA), Article 10.12:
Binational Panel Review: Notice of
Request for Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of USMCA Request for
Panel Review.
AGENCY:
A Request for Panel Review
was filed on behalf of Evraz, Inc. NA
with the United States Section of the
USMCA Secretariat on March 4, 2022,
pursuant to USMCA Article 10.12. Panel
Review was requested of the U.S.
Department of Commerce’s Final
Results of the Antidumping Duty
Administrative Review (2018–2020) in
Large Diameter Welded Pipe from
Canada, which was published in the
Federal Register on February 4, 2022.
The USMCA Secretariat has assigned
case number USA–CDA–2022–10.12–01
to this request.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Acting United States
Secretary, USMCA Secretariat, Room
2061, 1401 Constitution Avenue NW,
Washington, DC 20230, 202–482–5438.
SUPPLEMENTARY INFORMATION: Article
10.12 of Chapter 10 of USMCA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
13707
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is April 4, 2022);
(b) A Party, an investigating authority
or other interested person who does not
file a Complaint but who intends to
participate in the panel review shall file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is April 18, 2022);
(c) The panel review will be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: March 4, 2022.
Garrett Peterson,
International Trade Specialist, USMCA
Secretariat.
[FR Doc. 2022–05016 Filed 3–9–22; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China: Final
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Comfort
Coil Technology Sdn. Bhd. (Comfort
Coil), the only company subject to
review, had no shipments of subject
merchandise during the period of
review (POR), February 1, 2020, through
January 31, 2021.
DATES: Applicable March 10, 2022.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13705-13707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05069]
-----------------------------------------------------------------------
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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 13706]]
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, 2019, through September 30, 2020.
DATES: Applicable March 10, 2022.
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 November 4, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. This review covers one mandatory
respondent selected for individual examination, Deacero S.A.P.I de C.V.
(Deacero). We received case briefs from Deacero and Nucor Corporation
(Nucor, or the petitioner).\2\ Subsequently, we received a rebuttal
brief from Deacero.\3\ A complete summary of the events that occurred
since publication of the Preliminary Results is found in the Issues and
Decision Memorandum.\4\ 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 and
Partial Recission of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 60799 (November 4, 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 December 6, 2021; see also
Nucor's Letter, ``Carbon and Certain Alloy Steel Wire Rod from
Mexico: Case Brief,'' dated December 6, 2021.
\3\ See Deacero's Letter, ``Carbon and Certain Alloy Steel Wire
Rod from Mexico--Rebuttal Brief,'' dated December 13, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 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 5
---------------------------------------------------------------------------
\5\ 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.
A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received from parties, we
have made certain revisions to the margin calculation for Deacero.\6\
For detailed information, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Rate for Respondent Not Selected for Individual Examination
Commerce did not select Ternium Mexico S.A. de C.V. (Ternium) for
individual examination. Further, Ternium was not the subject of a
withdrawal of request for review; did not request to participate as a
voluntary respondent; did not submit a claim of no shipments; and was
not otherwise collapsed with a mandatory respondent. Therefore, Ternium
remains a respondent not selected for individual examination. As
explained in the Issues and Decision Memorandum, we have assigned to
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, 2019, through September 30,
2020:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V...................................... 4.64
Ternium Mexico S.A. de C.V.................................. 4.64
------------------------------------------------------------------------
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.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.356.8(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
[[Page 13707]]
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.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Order, 67 FR at 65947.
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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
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: March 3, 2022.
Lisa W. Wang,
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. Margin for Company Not Selected for Individual Examination
V. Changes Since the Preliminary Results
VI. Discussion of Comments
Comment 1: Whether Commerce Made a Ministerial Error Related to
Currency Conversion
Comment 2: Whether Commerce Should Exclude Insurance Revenue
from the Calculation of Deacero's Home Market Credit Expenses
Comment 3: Whether Deacero Failed to Report Inland Freight
Expenses for Some U.S. Sales.
VII. Recommendation
[FR Doc. 2022-05069 Filed 3-9-22; 8:45 am]
BILLING CODE 3510-DS-P
