Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023, 89952-89954 [2024-26460]
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
ddrumheller on DSK120RN23PROD with NOTICES1
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
may also be classified under HTSUS
subheadings 2922.12.0001, 2921.11.0000,
2921.19.6195, 2922.19.9690, 3808.93.0500,
and 3808.93.1500. The HTSUS subheadings
and CAS registry numbers are provided for
convenience and customs purposes. The
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
VII. Recommendation
[FR Doc. 2024–26457 Filed 11–13–24; 8:45 am]
BILLING CODE 3510–DS–P
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
DEPARTMENT OF COMMERCE
Appendix I
[A–201–830]
Scope of the Investigation
The merchandise covered by this
investigation is 2,4-dichlorophenoxyacetic
acid (2,4-D) and its derivative products,
including salt and ester forms of 2,4-D. 2,4D has the Chemical Abstracts Service (CAS)
registry number of 94–75–7 and the chemical
formula C8H6Cl2O3.
Salt and ester forms of 2,4-D include 2,4D sodium salt (CAS 2702–72–9), 2,4-D
diethanolamine salt (CAS 5742–19–8), 2,4-D
dimethyl amine salt (CAS 2008–39–1), 2,4-D
isopropylamine salt (CAS 5742–17–6), 2,4-D
tri-isopropanolamine salt (CAS 3234180–3),
2,4-D choline salt (CAS 1048373–72–3), 2,4D butoxyethyl ester (CAS 1929–733), 2,4-D 2ethylhexylester (CAS 1928–43–4), and 2,4-D
isopropylester (CAS 94–11–1). All 2,4-D, as
well as the salt and ester forms of 2,4-D, is
covered by the scope irrespective of purity,
particle size, or physical form.
The conversion of a 2,4-D salt or ester from
2,4-D acid, or the formulation of nonsubject
merchandise with the subject 2,4-D, its salts,
and its esters in the country of manufacture
or in a third country does not remove the
subject 2,4-D, its salts, or its esters from the
scope. For any such formulations, only the
2,4-D, 2,4-D salt, and 2,4-D ester components
of the mixture is covered by the scope of the
investigation. Formulations of 2,4-D are
products that are registered for end-use
applications with the Environmental
Protection Agency and contain a dispersion
agent.
The country of origin of any 2,4-D
derivative salt or ester is determined by the
country in which the underlying 2,4-D acid
is produced. 2,4-D, its salts, and its esters are
classified under Harmonized Tariff Schedule
of the United States (HTSUS) subheading
2918.99.2010. Subject merchandise,
including the abovementioned formulations,
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
and Partial Rescission of the
Antidumping Duty Administrative
Review; 2022–2023
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International Trade Administration
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, 2022, through
September 30, 2023. Additionally,
Commerce is rescinding this
administrative review with respect to
one company. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 14, 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) 482–4243 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
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Register.1 On October 3, 2023, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
December 6, 2023, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of the Order 3
on wire rod from Mexico covering the
following nine exporters/producers:
ArcelorMittal Mexico S.A. de C.V.
(AMM); Comercializadora Eloro S.A.
(Comercializadora Eloro); Deacero S.A..
de C.V./Deacero S.A.P.I. de C.V.
(Deacero); Deacero Summit S.A.P.I. de
C.V. (Deacero Summit); Grupo Villacero
S.A. de C.V. (Villacero); Ingeteknos
Estructurales S.A. (Ingeteknos); TA 2000
S.A. de C.V. (TA 2000); Talleres y
Aceros S.A. de C.V. (Talleres y Aceros);
and Ternium Mexico S.A. de C.V.
(Ternium). On June 7, 2024, we
extended the preliminary results of this
review to August 21, 2024.4 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.5 On August
9, 2024, we further extended the
preliminary results of this review to
November 6, 2024.6
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 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
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, 88 FR 68098 (October 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
84784, 84786 (December 6, 2023) (Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 7, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 9, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Administrative Review of the Antidumping
Duty Order on Carbon and Certain Alloy Steel Wire
Rod from Mexico; 2022–2023,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
E:\FR\FM\14NON1.SGM
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
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.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Partial Rescission of Review
As noted above, we initiated this
review with respect to nine companies.8
During the course of the review, we
selected two mandatory respondents.9
Thus, there are seven companies upon
which this review was requested, and
which were not selected for individual
examination: (1) AMM; (2)
Comercializadora Eloro; (3) Deacero
Summit; (4) Villacero; (5) Ingeteknos; (6)
Talleres y Aceros; and (7) Ternium.
Commerce received timely
withdrawal requests within 90 days of
the date of publication of the Initiation
Notice, with respect to: AMM;
Commercialiazadora Eloro; Villacero;
and Ternium.10 As a result, Commerce
is rescinding this review, in part, with
respect to the four companies referenced
above in accordance with 19 CFR
351.213(d)(1).
In addition, pursuant to 19 CFR
351.213(d)(3), Commerce will rescind
an administrative review when there are
no reviewable suspended entries. Based
on our analysis of the U.S. Customers
and Border Protection (CBP)
information, five companies listed in
the Initiation Notice had no entries of
subject merchandise during the POR,
specifically: AMM; Commercialiazadora
Eloro; Villacero; Ingeteknos; and
Talleres y Aceros. On December 20,
2023, we notified parties of our intent
to rescind this administrative review
with respect to the above-referenced five
companies that had no reviewable
suspended entries during the POR.11 On
January 5, 2024, we received comments
on our Intent to Rescind Memorandum
from CMC/Nucor.12 Furthermore, on
August 30, 2024, we notified parties of
our intent to rescind this administrative
review with respect to Deacero
ddrumheller on DSK120RN23PROD with NOTICES1
8 See
Initiation Notice.
Memorandum, ‘‘Selection of Respondents
for Individual Examination,’’ dated January 11,
2024.
10 See CMC/Nucor’s Letter, ‘‘Partial Withdrawal
of Request for Administrative Review,’’ dated
March 5, 2024.
11 See Commerce’s Letter, ‘‘Notice of Intent to
Rescind Review, In Part,’’ dated December 20, 2023
(Intent to Rescind Memorandum).
12 See CMC/Nucor’s Letter, ‘‘Comments on Notice
of Intent to Rescind,’’ dated January 5, 2024.
9 See
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89953
Summit.13 We did not receive
comments regarding our intent to
rescind the above-referenced entity.
After considering the comments
received, and consistent with 19 CFR
351.213(d)(3), we are rescinding this
review, in part, with respect to
Ingeteknos and Deacero Summit, which
both had no entries in the POR and for
which withdrawal requests were not
previously received from all parties
requesting review.14 As explained
above, in accordance with 19 CFR
351.213(d)(1), Commerce is also
rescinding this review, in part, with
respect to four companies which
received timely withdrawal requests:
AMM, Commercialiazadora Eloro;
Villacero; and Ternium. As a result, we
are rescinding this review, in part, with
respect to a total of six companies,
which are referenced above.15
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.18
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.19 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and, (2) a
table of authorities.20
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.21 Further, we
Methodology
request that interested parties limit their
public executive summary of each issue
Commerce is conducting this review
to no more than 450 words, not
in accordance with section 751(a)(1)(B)
of the Act. Export price and constructed including citations. We intend to use
the public executive summaries as the
export price were calculated in
basis of the comment summaries
accordance with section 772 of the Act.
included in the issues and decision
Normal value was calculated in
accordance with section 773 of the Act.
memorandum that will accompany the
For a full description of the
final results in this administrative
methodology underlying our
review. We request that interested
conclusions, see the Preliminary
parties include footnotes for relevant
Decision Memorandum.
citations in the public executive
summary of each issue. Note that
Preliminary Results of Review
Commerce has amended certain of its
As a result of this review, we
requirements pertaining to the service of
preliminarily determine the following
documents in 19 CFR 351.303(f).22
estimated weighted-average dumping
Interested parties who wish to request
margins exist for the POR:
a hearing must submit a written request
to the Assistant Secretary for
WeightedEnforcement and Compliance, U.S.
average
Producer/exporter
dumping
Department of Commerce, using
margin
Enforcement and Compliance’s ACCESS
(percent)
system within 30 days of publication of
23
TA 2000 S.A. de C.V.16 .......
18.09 this notice. Requests should contain
Deacero S.A.P.I. de C.V ......
13.46 the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
Disclosure and Public Comment
be discussed. Issues raised in the
Commerce intends to disclose the
hearing will be limited to those raised
calculations performed in connection
in the case and rebuttal briefs. If a
with these preliminary results to
request for a hearing is made, we will
interested parties within five days after
the date of publication of this notice, or, inform parties of the scheduled date for
the hearing at a time and location to be
if there is no public announcement,
within five days of the date of
18 See 19 CFR 351.309(c)(1)(ii)
publication of this notice in accordance
19 See 19 CFR 351.309(d); see also Administrative
with 19 CFR 351.224(b).17
Protective Order, Service, and Other Procedures in
13 See
Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated August 30, 2024.
14 Id.
15 Id.
16 As discussed in further detail in the
Preliminary Decision Memorandum, we
preliminarily determine that TA 2000 is the
successor-in-interest to Talleres y Aceros.
17 See 19 CFR 351.224(b).
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Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
22 See APO and Service Procedures.
23 See 19 CFR 351.310(c).
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
determined.24 Parties should confirm by
telephone the date, time, and location of
the hearing no fewer than two days
before the scheduled date. Parties are
reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
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.
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. 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.25
Commerce intends to issue assessment
instructions to CBP no earlier than 41
days after the date of publication of the
final results of this review in the
Federal Register, in accordance with 19
CFR 356.8(a).
For 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).26 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
19 CFR 351.310.
section 751(a)(2)(C) of the Act.
26 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).
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).27 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
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 28 if there is
no rate for the intermediate
company(ies) involved in the
transaction.
For the companies for which the
administrative review is rescinded,
antidumping duties shall be assessed at
a rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 20.11 percent, the all-others rate
established in the antidumping duty
investigation.29 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
Notification to Interested Parties
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
24 See
ddrumheller on DSK120RN23PROD with NOTICES1
25 See
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27 As noted above, we preliminarily determine
that TA 2000 is the successor-in-interest to Talleres
y Aceros. Accordingly, we intend to issue
assessment instructions covering any entries
produced and exported by Talleres y Aceros during
the POR at the rate established for TA 2000 in these
final results.
28 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.
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: November 6, 2024.
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. Preliminary Successor in Interest
Determination
V. Rescission of Review, in Part
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–26460 Filed 11–13–24; 8:45 am]
BILLING CODE 3510–DS–P
29 See
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Order, 67 FR at 65947.
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]]>Agencies
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 89952-89954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26460]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results and Partial Rescission of the Antidumping Duty Administrative
Review; 2022-2023
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, 2022, through September 30, 2023.
Additionally, Commerce is rescinding this administrative review with
respect to one company. We invite interested parties to comment on
these preliminary results.
DATES: Applicable November 14, 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) 482-4243 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, 2023,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On December 6, 2023, pursuant
to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of the Order \3\ on wire
rod from Mexico covering the following nine exporters/producers:
ArcelorMittal Mexico S.A. de C.V. (AMM); Comercializadora Eloro S.A.
(Comercializadora Eloro); Deacero S.A.. de C.V./Deacero S.A.P.I. de
C.V. (Deacero); Deacero Summit S.A.P.I. de C.V. (Deacero Summit); Grupo
Villacero S.A. de C.V. (Villacero); Ingeteknos Estructurales S.A.
(Ingeteknos); TA 2000 S.A. de C.V. (TA 2000); Talleres y Aceros S.A. de
C.V. (Talleres y Aceros); and Ternium Mexico S.A. de C.V. (Ternium). On
June 7, 2024, we extended the preliminary results of this review to
August 21, 2024.\4\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days.\5\ On August 9, 2024,
we further extended the preliminary results of this review to November
6, 2024.\6\
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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, 88 FR 68098 (October 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784, 84786 (December 6, 2023)
(Initiation Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 7,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August 9,
2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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
[[Page 89953]]
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Administrative Review of the
Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod
from Mexico; 2022-2023,'' 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.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Partial Rescission of Review
As noted above, we initiated this review with respect to nine
companies.\8\ During the course of the review, we selected two
mandatory respondents.\9\ Thus, there are seven companies upon which
this review was requested, and which were not selected for individual
examination: (1) AMM; (2) Comercializadora Eloro; (3) Deacero Summit;
(4) Villacero; (5) Ingeteknos; (6) Talleres y Aceros; and (7) Ternium.
---------------------------------------------------------------------------
\8\ See Initiation Notice.
\9\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated January 11, 2024.
---------------------------------------------------------------------------
Commerce received timely withdrawal requests within 90 days of the
date of publication of the Initiation Notice, with respect to: AMM;
Commercialiazadora Eloro; Villacero; and Ternium.\10\ As a result,
Commerce is rescinding this review, in part, with respect to the four
companies referenced above in accordance with 19 CFR 351.213(d)(1).
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\10\ See CMC/Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 5, 2024.
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In addition, pursuant to 19 CFR 351.213(d)(3), Commerce will
rescind an administrative review when there are no reviewable suspended
entries. Based on our analysis of the U.S. Customers and Border
Protection (CBP) information, five companies listed in the Initiation
Notice had no entries of subject merchandise during the POR,
specifically: AMM; Commercialiazadora Eloro; Villacero; Ingeteknos; and
Talleres y Aceros. On December 20, 2023, we notified parties of our
intent to rescind this administrative review with respect to the above-
referenced five companies that had no reviewable suspended entries
during the POR.\11\ On January 5, 2024, we received comments on our
Intent to Rescind Memorandum from CMC/Nucor.\12\ Furthermore, on August
30, 2024, we notified parties of our intent to rescind this
administrative review with respect to Deacero Summit.\13\ We did not
receive comments regarding our intent to rescind the above-referenced
entity.
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\11\ See Commerce's Letter, ``Notice of Intent to Rescind
Review, In Part,'' dated December 20, 2023 (Intent to Rescind
Memorandum).
\12\ See CMC/Nucor's Letter, ``Comments on Notice of Intent to
Rescind,'' dated January 5, 2024.
\13\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated August 30, 2024.
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After considering the comments received, and consistent with 19 CFR
351.213(d)(3), we are rescinding this review, in part, with respect to
Ingeteknos and Deacero Summit, which both had no entries in the POR and
for which withdrawal requests were not previously received from all
parties requesting review.\14\ As explained above, in accordance with
19 CFR 351.213(d)(1), Commerce is also rescinding this review, in part,
with respect to four companies which received timely withdrawal
requests: AMM, Commercialiazadora Eloro; Villacero; and Ternium. As a
result, we are rescinding this review, in part, with respect to a total
of six companies, which are referenced above.\15\
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\14\ Id.
\15\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of 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.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the POR:
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\16\ As discussed in further detail in the Preliminary Decision
Memorandum, we preliminarily determine that TA 2000 is the
successor-in-interest to Talleres y Aceros.
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Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
TA 2000 S.A. de C.V.\16\................................ 18.09
Deacero S.A.P.I. de C.V................................. 13.46
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, or, if there is
no public announcement, within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).\17\
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\17\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\18\ 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.\19\ Interested parties
who submit case briefs or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and, (2) a table of
authorities.\20\
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\18\ See 19 CFR 351.309(c)(1)(ii)
\19\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\21\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\22\
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\21\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\22\ See APO and Service Procedures.
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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.\23\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. 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
[[Page 89954]]
determined.\24\ Parties should confirm by telephone the date, time, and
location of the hearing no fewer than two days before the scheduled
date. Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
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\23\ See 19 CFR 351.310(c).
\24\ 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.
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. 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.\25\ Commerce intends to issue assessment instructions
to CBP no earlier than 41 days after the date of publication of the
final results of this review in the Federal Register, in accordance
with 19 CFR 356.8(a).
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\25\ See section 751(a)(2)(C) of the Act.
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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).\26\ 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).\27\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\26\ 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).
\27\ As noted above, we preliminarily determine that TA 2000 is
the successor-in-interest to Talleres y Aceros. Accordingly, we
intend to issue assessment instructions covering any entries
produced and exported by Talleres y Aceros during the POR at the
rate established for TA 2000 in these final results.
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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 \28\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\28\ See Order, 67 FR at 65947.
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For the companies for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
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.\29\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\29\ 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: November 6, 2024.
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. Preliminary Successor in Interest Determination
V. Rescission of Review, in Part
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-26460 Filed 11-13-24; 8:45 am]
BILLING CODE 3510-DS-P
