Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 76727-76729 [2023-24583]
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Appendix
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List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
General
Comment 1: Whether to Accept OCP’s
Payroll Tax Refund as a Minor
Correction
Comment 2: Whether Commerce’s ‘‘Other
Assistance’’ Question Is Contrary to Law
Comment 3: Whether Commerce Can Seek
Information About the Provision of Rail
Service for Less Than Adequate
Remuneration (LTAR) and Direct Loans
Comment 4: Whether Maroc Phosphore Is
a Reporting Entity
Provision of Mining Rights for LTAR
Comment 5: Whether Commerce Should
Revise the Phosphate Rock Benchmark
Comment 6: Whether to Include or Exclude
Headquarters (HQ), Support, and Debt
Costs in the Costs of Producing
Phosphate Rock
Comment 7: The Cost of Production (COP)
Profit Rate
Comment 8: Whether Commerce Should
Apply Adverse Facts Available (AFA)
and Disregard OCP’s Reported Costs of
Production for Phosphate Rock
Comment 9: Whether Commerce Should
Adjust the Phosphate Rock Benchmark
for Freight
Reductions in Tax Fines and Penalties
Comment 10: Whether the Reductions in
Tax Fines and Penalties Is Specific
Provision of Port Services for LTAR
Comment 11: Whether Agence Nationale
des Ports’ (ANP) Provision of Port
Services and Infrastructure to OCP
Constitutes a Financial Contribution
Comment 12: Whether ANP’s Provision of
Port Services Is De Facto Specific
Comment 13: Whether ANP’s Provision of
Port Services Confers a Benefit Customs
Duty Exemption for Capital Goods,
Machinery, and Equipment
Comment 14: Whether to Correct a
Ministerial Error in the Benefit
Calculation for the Customs Duty
Exemptions for Capital Goods,
Machinery, and Equipment Program
VIII. Recommendation
[FR Doc. 2023–24581 Filed 11–6–23; 8:45 am]
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Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
of Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through
September 30, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Palmer, 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) 482–4243 or (202) 482–1678,
respectively.
AGENCY:
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 3, 2022, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
December 5, 2022, pursuant to section
751(a)(1) of the Act, Commerce initiated
an administrative review of the Order 3
on wire rod from Mexico covering the
following five exporters/producers:
ArcelorMittal Mexico S.A. de C.V.
(AMM); Deacero S.A.P.I. de C.V.
(Deacero); Grupo Villacero S.A. de C.V.
(Villacero); Talleres y Aceros S.A. de
C.V. (Talleres y Aceros); and Ternium
Mexico S.A. de C.V. (Ternium). On June
14, 2023, Commerce extended the
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 and Join Annual
Inquiry Service List, 87 FR 59775 (October 3, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
74404, 74406 (December 5, 2022).
PO 00000
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76727
deadline for the preliminary results to
October 31, 2023.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix 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 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,
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.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 14, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Carbon
and Certain Alloy Steel Wire Rod from Mexico;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Export price and constructed
export price were 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.
Rate for Non-Selected Companies
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value (LTFV) investigation.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’ Accordingly,
Commerce’s practice in administrative
reviews has been to average the
weighted-average dumping margins for
the companies selected for individual
examination in the administrative
review, excluding rates that are zero, de
minimis, or based entirely on facts
available.6 For these preliminary results,
we calculated a zero percent weightedaverage dumping margin for AMM and
a weighted-average dumping margin for
Deacero that is above de minimis and
not based entirely on facts available.
Therefore, consistent with our practice,
we have assigned the companies not
selected for individual examination (i.e.,
Villacero, Talleres y Aceros, and
Ternium) the weighted-average
dumping margin calculated for Deacero.
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Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the POR:
Producer/exporter
ArcelorMittal Mexico S.A. de C.V
Deacero S.A.P.I. de C.V./
Deacero USA, Inc ...................
Grupo Villacero S.A. de C.V ......
Talleres y Aceros S.A. de C.V ...
Ternium Mexico S.A. de C.V ......
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16:30 Nov 06, 2023
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0.70
0.70
0.70
0.70
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Verification
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.7
Case briefs may be submitted to the
Assistant Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the date for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) a statement of the
issue, (2) a summary of the argument,
and (3) a table of authorities.9 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).10
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.11 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing.
19 CFR 351.224(b).
19 CFR 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310.
8 See
e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
0.00
Disclosure and Public Comment
7 See
6 See,
Weightedaverage
dumping
margin
(percent)
PO 00000
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On March 15, 2023, Commercial
Metals Company (CMC) and Nucor
Corporation (Nucor), domestic
interested parties, requested that
Commerce conduct verification of the
information submitted in AMM and
Deacero’s responses.13 Accordingly, as
provided in section 782(i)(3) of the Act,
Commerce intends to verify Deacero’s
information that will be relied upon in
determining the final results of review.
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. For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 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).14 If the
respondent has not reported entered
values, we will calculate a per-unit
assessment rate for each importer by
dividing the total amount of dumping
calculated for the examined sales made
to that importer by the total quantity
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). Where
either the respondent’s weightedaverage 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
13 See CMC/Nucor’s Letter, ‘‘Request for
Verification,’’ dated March 15, 2023.
14 In these 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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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
appropriate entries without regard to
antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
which did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate of 20.11 percent 15 if there is
no rate for the intermediate
company(ies) involved in the
transaction.
For the companies which were not
selected for individual review (i.e.,
Villacero, Talleres y Aceros, and
Ternium), we will instruct CBP to assess
antidumping duties at an ad valorem
rate equal to the weighted-average
dumping margin determined for the
non-examined companies in the final
results of this review. 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.16
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).
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
15 See
16 See
Order, 67 FR at 65947.
section 751(a)(2)(C) of the Act.
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16:30 Nov 06, 2023
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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.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: October 31, 2023.
Lisa W. Wang,
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. Whether Application of Facts Available
and Use of Adverse Inference Is
Appropriate
V. Rate for Respondents Not Selected for
Individual Examination
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–24583 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
17 See
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Order, 67 FR at 65947.
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76729
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinet and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Final Determination of No
Shipments of the Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fujian Dushi Wooden Industry Co., Ltd.
(Dushi) and The Ancientree Cabinet Co.,
Ltd. (Ancientree) made sales of wooden
cabinets and vanities and components
thereof (cabinets) at prices below
normal value and eight companies had
no shipments of subject merchandise
during the period of review (POR) April
1, 2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4849.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 5, 2023, Commerce published
in the Federal Register the Preliminary
Results of the antidumping duty
administrative review and invited
interested parties to comment.1 For a
complete description of the events that
occurred since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.2 On August 14,
2023, we extended the deadline for
these final results to November 1, 2023.3
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results, Preliminary
Determination of No Shipments, and Partial
Recission of the Antidumping Duty Administrative
Review; 2021–2022, 88 FR 29086 (May 5, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated August 14, 2023.
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]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76727-76729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24583]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through September 30, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, 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) 482-4243 or (202)
482-1678, respectively.
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 3, 2022,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On December 5, 2022, pursuant
to section 751(a)(1) of the Act, Commerce initiated an administrative
review of the Order \3\ on wire rod from Mexico covering the following
five exporters/producers: ArcelorMittal Mexico S.A. de C.V. (AMM);
Deacero S.A.P.I. de C.V. (Deacero); Grupo Villacero S.A. de C.V.
(Villacero); Talleres y Aceros S.A. de C.V. (Talleres y Aceros); and
Ternium Mexico S.A. de C.V. (Ternium). On June 14, 2023, Commerce
extended the deadline for the preliminary results to October 31,
2023.\4\
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\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 and Join Annual Inquiry Service List, 87 FR 59775 (October 3,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404, 74406 (December 5, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 14,
2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Carbon and Certain Alloy Steel Wire Rod from Mexico; 2021-2022,''
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.
[[Page 76728]]
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were 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.
Rate for Non-Selected Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair-value (LTFV) investigation. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
Accordingly, Commerce's practice in administrative reviews has been to
average the weighted-average dumping margins for the companies selected
for individual examination in the administrative review, excluding
rates that are zero, de minimis, or based entirely on facts
available.\6\ For these preliminary results, we calculated a zero
percent weighted-average dumping margin for AMM and a weighted-average
dumping margin for Deacero that is above de minimis and not based
entirely on facts available. Therefore, consistent with our practice,
we have assigned the companies not selected for individual examination
(i.e., Villacero, Talleres y Aceros, and Ternium) the weighted-average
dumping margin calculated for Deacero.
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\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
ArcelorMittal Mexico S.A. de C.V............................ 0.00
Deacero S.A.P.I. de C.V./Deacero USA, Inc................... 0.70
Grupo Villacero S.A. de C.V................................. 0.70
Talleres y Aceros S.A. de C.V............................... 0.70
Ternium Mexico S.A. de C.V.................................. 0.70
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\7\
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\7\ See 19 CFR 351.224(b).
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Case briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance. Interested parties will be notified of the
timeline for the submission of such case briefs and written comments at
a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) a
statement of the issue, (2) a summary of the argument, and (3) a table
of authorities.\9\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\10\
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\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\11\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\12\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Verification
On March 15, 2023, Commercial Metals Company (CMC) and Nucor
Corporation (Nucor), domestic interested parties, requested that
Commerce conduct verification of the information submitted in AMM and
Deacero's responses.\13\ Accordingly, as provided in section 782(i)(3)
of the Act, Commerce intends to verify Deacero's information that will
be relied upon in determining the final results of review.
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\13\ See CMC/Nucor's Letter, ``Request for Verification,'' dated
March 15, 2023.
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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. For any
individually examined respondents whose weighted-average dumping margin
is above de minimis (i.e., 0.50 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).\14\ If the respondent has not
reported entered values, we will calculate a per-unit assessment rate
for each importer by dividing the total amount of dumping calculated
for the examined sales made to that importer by the total quantity
associated with those sales. 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., 0.50 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
[[Page 76729]]
appropriate entries without regard to antidumping duties.
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\14\ In these 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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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate of 20.11 percent \15\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\15\ See Order, 67 FR at 65947.
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For the companies which were not selected for individual review
(i.e., Villacero, Talleres y Aceros, and Ternium), we will instruct CBP
to assess antidumping duties at an ad valorem rate equal to the
weighted-average dumping margin determined for the non-examined
companies in the final results of this review. 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.\16\
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\16\ See section 751(a)(2)(C) of the Act.
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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).
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.\17\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Order, 67 FR at 65947.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: October 31, 2023.
Lisa W. Wang,
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. Whether Application of Facts Available and Use of Adverse
Inference Is Appropriate
V. Rate for Respondents Not Selected for Individual Examination
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-24583 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
