Prestressed Concrete Steel Wire Strand From Mexico: Initiation of Circumvention Inquiry on the Antidumping Duty Order, 49438-49440 [2023-16089]

Download as PDF 49438 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices days after the date for filing case briefs.5 Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each brief: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.6 Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.7 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS 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 the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.9 If the weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), then Commerce will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping margin is zero or de minimis in the final results, or if an importer-specific assessment rate is zero or de minimis in the final results, Commerce will instruct CBP to ddrumheller on DSK120RN23PROD with NOTICES1 5 See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).’’). 6 See 19 CFR 351.309(c)(2), (d)(2). 7 See 19 CFR 351.303 (for general filing requirements). 8 See 19 CFR 351.303(f). 9 See 19 CFR 351.212(b). VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 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 subject merchandise covered by the final results of this review, where applicable. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of 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). Cash Deposit Requirements The following deposit requirements will be effective for all shipments of MSG from Indonesia entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, 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 less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.19 percent, the all-others rate established in the investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). PO 00000 10 See Order. Frm 00005 Fmt 4703 Sfmt 4703 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: July 24, 2023. Abdelali Elouaradia, Deputy 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. Application of Facts Available and Use of Adverse Inferences V. Recommendation [FR Doc. 2023–16090 Filed 7–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–831] Prestressed Concrete Steel Wire Strand From Mexico: Initiation of Circumvention Inquiry on the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Insteel Wire Products Company, Sumiden Wire Products Corporation, and Wire Mesh Corp. (collectively, the requestors), the U.S. Department of Commerce (Commerce) is initiating a country-wide circumvention inquiry to determine whether imports of certain high carbon steel (HCS) wire from Mexico that are assembled or completed into prestressed concrete steel wire strand (PC strand) in the United States, are circumventing the antidumping duty order on PC strand from Mexico. DATES: Applicable July 31, 2023. AGENCY: E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce ‘‘will accept the request and initiate a circumvention inquiry.’’ Section 351.226(c)(1) of Commerce’s regulations requires that each request for a circumvention inquiry allege ‘‘the elements necessary for a circumvention determination under section 781 of the Act exist’’ and be ‘‘accompanied by information reasonably available to the Background interested party supporting these On June 9, 2023, pursuant to section allegations.’’ The requestors alleged 781(a) of the Tariff Act of 1930, as circumvention pursuant to section amended (the Act) and 19 CFR 781(a) of the Act (merchandise completed or assembled in the United 351.226(c), the requestors filed a States). circumvention inquiry request alleging According to section 781(a)(1) of the that imports of HCS wire manufactured in Mexico and completed into PC strand Act, after taking into account any advice provided by the U.S. International Trade in the United States are circumventing Commission (ITC) under section 781(e) the antidumping duty order on PC of the Act, Commerce may find the strand from Mexico 1 and, accordingly, imported parts or components referred should be included within the scope of to in subparagraph (B) that are used in the Order.2 the completion or assembly of the Scope of the Order merchandise in the United States to be The merchandise covered by this covered by the scope of an order if: (A) Order is PC strand. Merchandise merchandise sold in the United States is of the same class or kind as any covered by the Order is currently merchandise produced in a foreign classifiable under subheadings country that is the subject of an 7312.10.3010 and 7312.10.3012 of the antidumping duty order or finding or a Harmonized Tariff Schedule of the countervailing duty order; (B) such United States (HTSUS). While the HTSUS subheading and are provided for merchandise sold in the United States is completed or assembled in the United convenience and for customs purposes, States from parts or components the written description of the subject produced in the foreign country with merchandise is dispositive. For a respect to which such order or finding complete description of the scope, see applies; (C) the process of assembly or the attachment to the Initiation completion in the United States referred Checklist.3 to in subparagraph (B) is minor or Merchandise Subject to the insignificant; and (D) the value of the Circumvention Inquiry parts or components referred to in This circumvention inquiry covers subparagraph (B) is a significant portion HCS wire imported from Mexico. The of the total value of the merchandise. In determining whether the process of HCS wire has a high carbon content (i.e., assembly or completion in the United 0.78–0.85 percent), is not heat treated, States is minor or insignificant under and has a diameter less than 4.50 millimeters. The HCS wire is assembled section 781(a)(1)(C) of the Act, section 781(a)(2) of the Act directs Commerce to or completed in the United States by consider: (A) the level of investment in stranding the HCS wire to produce PC the United States; (B) the level of strand of the type that would be subject research and development in the United to the Order. States; (C) the nature of the production Initiation of Circumvention Inquiry process in the United States; (D) the Section 351.226(d) of Commerce’s extent of production facilities in the regulations states that if Commerce United States; and (E) whether the value determines that a request for a of processing performed in the United States represents a small proportion of 1 See Notice of Antidumping Duty Order: the value of the merchandise sold in the Prestressed Concrete Steel Wire Strand from United States. Mexico, 69 FR 4112 (January 28, 2004) (Order). In addition, section 781(a)(3) of the 2 See Requestors’ Letter, ‘‘Prestressed Concrete Act sets forth additional factors to Steel Wire Strand From Mexico—Petitioners’ consider in determining whether to Request for Circumvention Ruling Pursuant to Section 781(a), as Amended,’’ dated June 9, 2023 include merchandise assembled or (Circumvention Inquiry Request). completed in the United States within 3 See Checklist, ‘‘Initiation of the Circumvention the scope of an antidumping or Inquiry on the Antidumping Duty Order,’’ dated countervailing duty order. Specifically, concurrently with, and hereby adopted by, this notice (Initiation Checklist), at Attachment. Commerce shall take into account such FOR FURTHER INFORMATION CONTACT: ddrumheller on DSK120RN23PROD with NOTICES1 Craig Matney or Jonathan Schueler, Office VIII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2429 and (202) 482–9175, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 49439 factors as: (A) the pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the parts or components is affiliated with the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country to which the order applies; and (C) whether imports into the United States of the parts or components produced in such foreign country have increased after the initiation of the investigation which resulted in the issuance of such order or finding. Based on our analysis of the requestors’ circumvention inquiry request, we determine that the requestors satisfied the criteria under 19 CFR 351.226(c), and thus, pursuant to 19 CFR 351.226(d)(1)(ii), we have accepted the request and are initiating the requested circumvention inquiry of the Order. For a full discussion of the basis for our decision to initiate the requested circumvention inquiry, see the Initiation Checklist. Moreover, as explained in the Initiation Checklist, we are initiating a country-wide circumvention inquiry. Commerce has taken this approach in prior circumvention inquiries where the facts warranted initiation on a country-wide basis.4 Consistent with the approach taken in prior circumvention inquiries that Commerce initiated on a country-wide basis, we intend to solicit information from producers and exporters in Mexico concerning shipments of Mexican HCS wire to the United States to be stranded into PC strand in the United States. A company’s failure to completely respond to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act. 4 See, e.g., Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). E:\FR\FM\31JYN1.SGM 31JYN1 49440 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices Suspension of Liquidation DEPARTMENT OF COMMERCE Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs and Border Protection (CBP) of its initiation of the requested circumvention inquiry and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation and to apply the cash deposit rate that would be applicable if the products were determined to be covered by the scope of the Order. Should Commerce issue a preliminary or final circumvention determination, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)-(4). International Trade Administration Notification to Interested Parties In accordance with 19 CFR 351.226(d) and section 781(a) of the Act, Commerce has determined that the requestors’ request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of a circumvention inquiry to determine whether U.S. imports of HCS wire, which are imported from Mexico and produced into PC strand and sold in the United States, are circumventing the Order. A description of the products that are subject to the circumvention inquiry, and an explanation of the reasons for Commerce’s decision to initiate this inquiry, are included in the accompanying Initiation Checklist. In accordance with 19 CFR 351.226(e)(1), Commerce intends to issue its preliminary determination in this circumvention inquiry no later than 150 days from the date of publication of this notice in the Federal Register. This notice is published in accordance with section 781(a) of the Act and 19 CFR 351.226(d)(1)(ii). Dated: July 24, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–16089 Filed 7–28–23; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 [C–580–879] Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review, 2021 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea). The period of review (POR) is January 1, 2021, through December 31, 2021. Additionally, Commerce intends to rescind the review with respect to four companies. DATES: Applicable July 31, 2023. FOR FURTHER INFORMATION CONTACT: Janae Martin or Zachariah Hall, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0238 or (202) 482–6261, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Between July 21 and August 1, 2022, we received multiple requests for administrative review 1 of the countervailing duty order on CORE from Korea.2 On September 6, 2022, Commerce published a notice of initiation of an administrative review of the Order. On October 20, 2022, Commerce selected KG Dongbu Steel Co., Ltd. (KG Dongbu) and Hyundai Steel Company as mandatory respondents in this administrative 1 See Hyundai Steel’s Letter, ‘‘Request for Administrative Review,’’ dated July 21, 2022; see also POSCO, POSCO International, POSCO C&C, and POSCO Steeleon’s Letter, ‘‘Request for Administrative Review,’’ dated July 27, 2022; see also KG Dongbu Steel’s Letter, ‘‘Request for Administrative Review,’’ dated July 27, 2022; see also Petitioners’ Letter, ‘‘Request for Administrative Review,’’ dated July 29, 2022; see also SeAH CM’s and SeAH’s Letter, ‘‘Request for Administrative Review,’’ dated August 1, 2022. 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 61278 (October 11, 2022); see also Certain Corrosion-Resistant Steel Products from India, Italy Republic of Korea and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (Order). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 review. On March 16, 2023, Commerce extended the deadline for the preliminary results of this review.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included at the Appendix I to this notice. 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/. Scope of the Order The merchandise covered by the Order is certain corrosion-resistant steel products. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Preliminary Intent To Rescind Administrative Review, in Part Based on our analysis of U.S. Customs and Border Protection (CBP) data, we preliminarily determine that four companies, SeAH Steel Corporation, POSCO International, POSCO Steeleon, and Hyundai Steel Co., Ltd. had no reviewable shipments, sales, or entries of subject merchandise during the POR. Absent any comments to the contrary from interested parties, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the administrative review of these companies in the final results of review. For further information, see ‘‘Preliminary Intent to Rescind Administrative Review, in Part’’ in the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a 3 See Memorandum, ‘‘Extension of Deadline for the Preliminary Results of the 2021 Countervailing Duty Administrative Review,’’ dated March 16, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021: Certain Corrosion-Resistant Steel Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49438-49440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16089]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-831]


Prestressed Concrete Steel Wire Strand From Mexico: Initiation of 
Circumvention Inquiry on the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request from Insteel Wire Products Company, 
Sumiden Wire Products Corporation, and Wire Mesh Corp. (collectively, 
the requestors), the U.S. Department of Commerce (Commerce) is 
initiating a country-wide circumvention inquiry to determine whether 
imports of certain high carbon steel (HCS) wire from Mexico that are 
assembled or completed into prestressed concrete steel wire strand (PC 
strand) in the United States, are circumventing the antidumping duty 
order on PC strand from Mexico.

DATES: Applicable July 31, 2023.

[[Page 49439]]


FOR FURTHER INFORMATION CONTACT: Craig Matney or Jonathan Schueler, 
Office VIII, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2429 
and (202) 482-9175, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 9, 2023, pursuant to section 781(a) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.226(c), the requestors filed 
a circumvention inquiry request alleging that imports of HCS wire 
manufactured in Mexico and completed into PC strand in the United 
States are circumventing the antidumping duty order on PC strand from 
Mexico \1\ and, accordingly, should be included within the scope of the 
Order.\2\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Prestressed Concrete 
Steel Wire Strand from Mexico, 69 FR 4112 (January 28, 2004) 
(Order).
    \2\ See Requestors' Letter, ``Prestressed Concrete Steel Wire 
Strand From Mexico--Petitioners' Request for Circumvention Ruling 
Pursuant to Section 781(a), as Amended,'' dated June 9, 2023 
(Circumvention Inquiry Request).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this Order is PC strand. Merchandise 
covered by the Order is currently classifiable under subheadings 
7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While the HTSUS subheading and are provided for 
convenience and for customs purposes, the written description of the 
subject merchandise is dispositive. For a complete description of the 
scope, see the attachment to the Initiation Checklist.\3\
---------------------------------------------------------------------------

    \3\ See Checklist, ``Initiation of the Circumvention Inquiry on 
the Antidumping Duty Order,'' dated concurrently with, and hereby 
adopted by, this notice (Initiation Checklist), at Attachment.
---------------------------------------------------------------------------

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers HCS wire imported from Mexico. 
The HCS wire has a high carbon content (i.e., 0.78-0.85 percent), is 
not heat treated, and has a diameter less than 4.50 millimeters. The 
HCS wire is assembled or completed in the United States by stranding 
the HCS wire to produce PC strand of the type that would be subject to 
the Order.

Initiation of Circumvention Inquiry

    Section 351.226(d) of Commerce's regulations states that if 
Commerce determines that a request for a circumvention inquiry 
satisfies the requirements of 19 CFR 351.226(c), then Commerce ``will 
accept the request and initiate a circumvention inquiry.'' Section 
351.226(c)(1) of Commerce's regulations requires that each request for 
a circumvention inquiry allege ``the elements necessary for a 
circumvention determination under section 781 of the Act exist'' and be 
``accompanied by information reasonably available to the interested 
party supporting these allegations.'' The requestors alleged 
circumvention pursuant to section 781(a) of the Act (merchandise 
completed or assembled in the United States).
    According to section 781(a)(1) of the Act, after taking into 
account any advice provided by the U.S. International Trade Commission 
(ITC) under section 781(e) of the Act, Commerce may find the imported 
parts or components referred to in subparagraph (B) that are used in 
the completion or assembly of the merchandise in the United States to 
be covered by the scope of an order if: (A) merchandise sold in the 
United States is of the same class or kind as any merchandise produced 
in a foreign country that is the subject of an antidumping duty order 
or finding or a countervailing duty order; (B) such merchandise sold in 
the United States is completed or assembled in the United States from 
parts or components produced in the foreign country with respect to 
which such order or finding applies; (C) the process of assembly or 
completion in the United States referred to in subparagraph (B) is 
minor or insignificant; and (D) the value of the parts or components 
referred to in subparagraph (B) is a significant portion of the total 
value of the merchandise.
    In determining whether the process of assembly or completion in the 
United States is minor or insignificant under section 781(a)(1)(C) of 
the Act, section 781(a)(2) of the Act directs Commerce to consider: (A) 
the level of investment in the United States; (B) the level of research 
and development in the United States; (C) the nature of the production 
process in the United States; (D) the extent of production facilities 
in the United States; and (E) whether the value of processing performed 
in the United States represents a small proportion of the value of the 
merchandise sold in the United States.
    In addition, section 781(a)(3) of the Act sets forth additional 
factors to consider in determining whether to include merchandise 
assembled or completed in the United States within the scope of an 
antidumping or countervailing duty order. Specifically, Commerce shall 
take into account such factors as: (A) the pattern of trade, including 
sourcing patterns; (B) whether the manufacturer or exporter of the 
parts or components is affiliated with the person who assembles or 
completes the merchandise sold in the United States from the parts or 
components produced in the foreign country to which the order applies; 
and (C) whether imports into the United States of the parts or 
components produced in such foreign country have increased after the 
initiation of the investigation which resulted in the issuance of such 
order or finding.
    Based on our analysis of the requestors' circumvention inquiry 
request, we determine that the requestors satisfied the criteria under 
19 CFR 351.226(c), and thus, pursuant to 19 CFR 351.226(d)(1)(ii), we 
have accepted the request and are initiating the requested 
circumvention inquiry of the Order. For a full discussion of the basis 
for our decision to initiate the requested circumvention inquiry, see 
the Initiation Checklist. Moreover, as explained in the Initiation 
Checklist, we are initiating a country-wide circumvention inquiry. 
Commerce has taken this approach in prior circumvention inquiries where 
the facts warranted initiation on a country-wide basis.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Certain Corrosion-Resistant Steel Products from 
the Republic of Korea and Taiwan: Initiation of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 
FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from 
the People's Republic of China: Initiation of Anti-Circumvention 
Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 
25, 2017) (stating at initiation that Commerce would evaluate the 
extent to which a country-wide finding applicable to all exports 
might be warranted); and Certain Corrosion-Resistant Steel Products 
from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing 
Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at 
initiation that Commerce would evaluate the extent to which a 
country-wide finding applicable to all exports might be warranted).
---------------------------------------------------------------------------

    Consistent with the approach taken in prior circumvention inquiries 
that Commerce initiated on a country-wide basis, we intend to solicit 
information from producers and exporters in Mexico concerning shipments 
of Mexican HCS wire to the United States to be stranded into PC strand 
in the United States. A company's failure to completely respond to 
Commerce's requests for information may result in the application of 
partial or total facts available, pursuant to section 776(a) of the 
Act, which may include adverse inferences, pursuant to section 776(b) 
of the Act.

[[Page 49440]]

Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs 
and Border Protection (CBP) of its initiation of the requested 
circumvention inquiry and direct CBP to continue the suspension of 
liquidation of entries of products subject to the circumvention inquiry 
that were already subject to the suspension of liquidation and to apply 
the cash deposit rate that would be applicable if the products were 
determined to be covered by the scope of the Order. Should Commerce 
issue a preliminary or final circumvention determination, Commerce will 
follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)-
(4).

Notification to Interested Parties

    In accordance with 19 CFR 351.226(d) and section 781(a) of the Act, 
Commerce has determined that the requestors' request for a 
circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). 
Accordingly, Commerce is notifying all interested parties of the 
initiation of a circumvention inquiry to determine whether U.S. imports 
of HCS wire, which are imported from Mexico and produced into PC strand 
and sold in the United States, are circumventing the Order. A 
description of the products that are subject to the circumvention 
inquiry, and an explanation of the reasons for Commerce's decision to 
initiate this inquiry, are included in the accompanying Initiation 
Checklist. In accordance with 19 CFR 351.226(e)(1), Commerce intends to 
issue its preliminary determination in this circumvention inquiry no 
later than 150 days from the date of publication of this notice in the 
Federal Register.
    This notice is published in accordance with section 781(a) of the 
Act and 19 CFR 351.226(d)(1)(ii).

    Dated: July 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16089 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P

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