Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021-2022, 22388-22390 [2024-06839]
Download as PDF
ddrumheller on DSK120RN23PROD with NOTICES1
22388
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
warmwater shrimp and prawns through
freezing and which are sold in any count
size.
The products described above may be
processed from any species of warmwater
shrimp and prawns. Warmwater shrimp and
prawns are generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, whiteleg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris),
southern white shrimp (Penaeus schmitti),
blue shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis), and
Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed
with marinade, spices or sauce are included
in the scope. In addition, food preparations,
which are not ‘‘prepared meals,’’ that contain
more than 20 percent by weight of shrimp or
prawn are also included in the scope.
Excluded from the scope are: (1) breaded
shrimp and prawns (HTSUS subheading
1605.20.10.20); (2) shrimp and prawns
generally classified in the Pandalidae family
and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh
shrimp and prawns whether shell-on or
peeled (HTSUS subheadings 0306.36.0020
and 0306.36.0040); (4) shrimp and prawns in
prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and prawns;
(6) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); (7)
certain dusted shrimp; and (8) certain
battered shrimp. Dusted shrimp is a shrimpbased product: (1) that is produced from
fresh (or thawed-from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer of rice
or wheat flour of at least 95 percent purity
has been applied; (3) with the entire surface
of the shrimp flesh thoroughly and evenly
coated with the flour; (4) with the nonshrimp
content of the end product constituting
between four and 10 percent of the product’s
total weight after being dusted, but prior to
being frozen; and (5) that is subjected to IQF
freezing immediately after application of the
dusting layer. Battered shrimp is a shrimpbased product that, when dusted in
accordance with the definition of dusting
above, is coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by the scope are
currently classified under the following
HTSUS subheadings: 0306.17.0004,
0306.17.0005, 0306.17.0007, 0306.17.0008,
0306.17.0010, 0306.17.0011, 0306.17.0013,
0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022,
0306.17.0023, 0306.17.0025, 0306.17.0026,
0306.17.0028, 0306.17.0029, 0306.17.0041,
0306.17.0042, 1605.21.1030, and
1605.29.1010. These HTSUS subheadings are
provided for convenience and for customs
purposes only and are not dispositive, but
rather the written description of the scope is
dispositive.
VerDate Sep<11>2014
17:17 Mar 29, 2024
Jkt 262001
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–06843 Filed 3–29–24; 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 and
Partial Rescission 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
producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
October 1, 2021, through September 30,
2022.
DATES: Applicable April 1, 2024.
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) 482–2352 and (202) 482–1678,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2023, Commerce
published the Preliminary Results for
this administrative review and invited
interested parties to comment.1 This
review covers two mandatory
respondents selected for individual
examination, ArcelorMittal Mexico S.A.
de C.V. (AMM) and Deacero S.A.P.I de
C.V. (Deacero).
From November 13 through 17, 2023,
we conducted a verification of sales of
certain alloy steel wire rod (wire rod)
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022, 88 FR
76727 (November 7, 2023) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
from Mexico for Deacero in Monterrey,
Mexico. On January 29, 2024, we
received a case brief from Nucor
Corporation and Commercial Metal
Company (collectively, Nucor/CMC),2
and, subsequently, on February 5, 2024,
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(a) of the
Tariff Act of 1930, as amended (the Act).
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
March 6, 2023, Nucor/CMC withdrew
their requests for review by the 90-day
deadline for: AMM; 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).5 Nucor/CMC’s request for
review of Villacero, Talleres y Aceros,
and Ternium reflected the sole review
request with respect to each firm;
accordingly, we are rescinding this
administrative review with respect to
Villacero, Talleres y Aceros, and
Ternium.
Scope of the Order 6
The merchandise subject to the Order
is wire rod, in coils, of approximately
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
the subheadings: 7213.91.3000,
7213.91.3010, 7213.91.3011,
7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093,
7213.91.4500, 7213.91.4510,
2 See Nucor/CMC’s Letter, ‘‘Case Brief,’’ dated
January 29, 2024.
3 See Deacero’s Letter, ‘‘Rebuttal Brief,’’ dated
February 5, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Mexico; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
5 See Nucor/CMC’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated March
6, 2023.
6 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
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.
For the full text of the scope of the
Order, see the Issues and Decision
Memorandum.
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties are addressed in the
Issues and Decision Memorandum. A
list of the issues which parties raised,
and to which we respond in the Issues
and Decision Memorandum, is attached
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 System (ACCESS). ACCESS
is available to registered users at https://
access.trade.gov. In addition, the Issues
and Decision Memorandum can be
accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
ddrumheller on DSK120RN23PROD with NOTICES1
Changes Since the Preliminary Results
Based on a review of the record and
analysis of the comments received from
interested parties regarding our
Preliminary Results, we made no
changes to the preliminary weightedaverage dumping margins calculated for
AMM and Deacero. Additionally, in its
Preliminary Results, Commerce
inadvertently assigned a non-selected
rate to certain entities. As noted above,
Commerce is rescinding the
administrative review for Villacero,
Talleres y Aceros, and Ternium. For
detailed information, see the Issues and
Decision Memorandum.
Final Results of Review
Commerce preliminarily determines
the following estimated weightedaverage dumping margins exist for the
period October 1, 2021, through
September 30, 2022:
VerDate Sep<11>2014
17:17 Mar 29, 2024
Jkt 262001
The final results of this review shall
be the basis for the assessment of
Exporter/producer
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
ArcelorMittal Mexico S.A. de C.V
0.00 estimated duties, where applicable.8
For the companies for which this
Deacero S.A.P.I. de C.V ............
0.70
review is rescinded with these final
results, we will instruct CBP to assess
Disclosure
antidumping duties on all appropriate
We intend to disclose to interested
entries at a rate equal to the cash deposit
parties the calculations and analysis
of estimated antidumping duties
performed for these final results within
required at the time of entry, or
five days of the date of the publication
withdrawal from warehouse, for
of this notice in the Federal Register in
consumption, during the period October
accordance with 19 CFR 351.224(b).
1, 2021, through September 30, 2022, in
accordance with 19 CFR 351.212(c)(l)(i).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Commerce intends to issue assessment
instructions to CBP no earlier than 41
Act and 19 CFR 351.212(b)(1),
days after the date of publication of the
Commerce will determine, and U.S.
final results of this review in the
Customs and Border Protection (CBP)
Federal Register in accordance with 19
shall assess, antidumping duties on all
CFR 356.8(a).
appropriate entries of subject
merchandise in accordance with the
Cash Deposit Requirements
final results of this review. Pursuant to
The following cash deposit
19 CFR 351.212(b)(1), we calculated
requirements will be effective for all
importer-specific ad valorem duty
shipments of subject merchandise
assessment rates based on the ratio of
entered, or withdrawn from warehouse,
the total amount of dumping calculated
for consumption on or after the
for the examined sales to the total
publication date of the final results of
entered value of those sales. Where the
respondent did not report entered value, this administrative review, as provided
we calculated a per-unit assessment rate by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
for each importer by dividing the total
listed above will be equal to the
amount of dumping calculated for the
examined sales made to that importer by weighted-average dumping margins
established in the final results of this
the total quantity associated with those
administrative review; (2) for
sales. To determine whether an
merchandise exported by producers or
importer-specific, per-unit assessment
exporters not covered in this review but
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also calculated covered in a prior completed segment of
the proceeding, the cash deposit rate
an importer-specific ad valorem ratio
will continue to be the companybased on estimated entered values.
Where either the respondent’s weighted- specific rate published for the most
recent period; (3) if the exporter is not
average dumping margin is zero or de
a firm covered in this review, a prior
minimis within the meaning of 19 CFR
review, or the original investigation, but
351.106(c)(1), or an importer-specific
the producer has been covered in a prior
assessment rate is zero or de minimis,
complete segment of this proceeding,
we will instruct CBP to liquidate the
then the cash deposit rate will be the
appropriate entries without regard to
rate established for the most recent
antidumping duties.7
period for the producer of the
For entries of subject merchandise
during the POR produced by Deacero or merchandise; (4) the cash deposit rate
AMM for which they did not know their for all other manufacturers or exporters
will continue to be 20.11 percent.9
merchandise they sold to an
These cash deposit requirements, when
intermediary (e.g., a reseller, trading
imposed, shall remain in effect until
company, or exporter) was destined for
further notice.
the United States, we will instruct CBP
to liquidate unreviewed entries at the
Notification to Importers
all-others rate if there is no rate for the
This notice also serves as a final
intermediate company(ies) involved in
reminder to importers of their
the transaction.
responsibility under 19 CFR
7 In these final results, Commerce applied the
351.402(f)(2) to file a certificate
assessment rate calculation method adopted in
regarding the reimbursement of
Antidumping Proceedings: Calculation of the
antidumping duties prior to liquidation
Weightedaverage
dumping
margin
(percent)
Analysis of the Comments Received
22389
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
8 See
9 See
E:\FR\FM\01APN1.SGM
section 751(a)(2)(C) of the Act.
Order, 67 FR at 65947.
01APN1
22390
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether the Application of
Adverse Facts Available (AFA) to
Deacero Is Warranted
Comment 2: Whether Commerce Should
Rescind the Review for Certain NonSelected Companies
Comment 3: Whether Commerce Should
Instruct U.S. Customs and Border
Protection (CBP) To Liquidate Entries for
Certain Producers at the All-Others Rate
VI. Recommendation
[FR Doc. 2024–06839 Filed 3–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
ddrumheller on DSK120RN23PROD with NOTICES1
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:17 Mar 29, 2024
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the U.S. Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
E:\FR\FM\01APN1.SGM
01APN1
Agencies
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22388-22390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06839]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final
Results and Partial Rescission of the Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) October 1, 2021, through September 30, 2022.
DATES: Applicable April 1, 2024.
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) 482-2352 and (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2023, Commerce published the Preliminary Results for
this administrative review and invited interested parties to
comment.\1\ This review covers two mandatory respondents selected for
individual examination, ArcelorMittal Mexico S.A. de C.V. (AMM) and
Deacero S.A.P.I de C.V. (Deacero).
---------------------------------------------------------------------------
\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 76727 (November 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
From November 13 through 17, 2023, we conducted a verification of
sales of certain alloy steel wire rod (wire rod) from Mexico for
Deacero in Monterrey, Mexico. On January 29, 2024, we received a case
brief from Nucor Corporation and Commercial Metal Company
(collectively, Nucor/CMC),\2\ and, subsequently, on February 5, 2024,
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(a) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\2\ See Nucor/CMC's Letter, ``Case Brief,'' dated January 29,
2024.
\3\ See Deacero's Letter, ``Rebuttal Brief,'' dated February 5,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from Mexico; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On March
6, 2023, Nucor/CMC withdrew their requests for review by the 90-day
deadline for: AMM; 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).\5\ Nucor/CMC's request for review of Villacero, Talleres y
Aceros, and Ternium reflected the sole review request with respect to
each firm; accordingly, we are rescinding this administrative review
with respect to Villacero, Talleres y Aceros, and Ternium.
---------------------------------------------------------------------------
\5\ See Nucor/CMC's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 6, 2023.
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Notice of Antidumping Duty Orders: Carbon and Certain
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is wire rod, in coils, of
approximately round cross section, 5.00 mm or more, but less than 19.00
mm, in solid cross-sectional diameter. The subject merchandise is
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) primarily under the subheadings: 7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510,
[[Page 22389]]
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.
For the full text of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties are addressed in the Issues and
Decision Memorandum. A list of the issues which parties raised, and to
which we respond in the Issues and Decision Memorandum, is attached 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
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received from interested parties regarding our Preliminary Results, we
made no changes to the preliminary weighted-average dumping margins
calculated for AMM and Deacero. Additionally, in its Preliminary
Results, Commerce inadvertently assigned a non-selected rate to certain
entities. As noted above, Commerce is rescinding the administrative
review for Villacero, Talleres y Aceros, and Ternium. For detailed
information, see the Issues and Decision Memorandum.
Final Results of Review
Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the period October 1, 2021, through
September 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
ArcelorMittal Mexico S.A. de C.V............................ 0.00
Deacero S.A.P.I. de C.V..................................... 0.70
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of those sales. Where the respondent did not report
entered value, we calculated 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. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also calculated an importer-specific ad valorem ratio based on
estimated entered values. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\7\
---------------------------------------------------------------------------
\7\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Deacero or AMM for which they did not know their merchandise they sold
to an intermediary (e.g., a reseller, trading company, or exporter) 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.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For the companies for which this review is rescinded with these
final results, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period October 1, 2021, through
September 30, 2022, in accordance with 19 CFR 351.212(c)(l)(i).
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 for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the companies listed above will
be equal to the weighted-average dumping margins established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer has been covered in a prior complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 20.11 percent.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Order, 67 FR at 65947.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
[[Page 22390]]
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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221(b)(5).
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether the Application of Adverse Facts Available
(AFA) to Deacero Is Warranted
Comment 2: Whether Commerce Should Rescind the Review for
Certain Non-Selected Companies
Comment 3: Whether Commerce Should Instruct U.S. Customs and
Border Protection (CBP) To Liquidate Entries for Certain Producers
at the All-Others Rate
VI. Recommendation
[FR Doc. 2024-06839 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P