[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9322-9324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02922]


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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, Preliminary 
Determination of No Shipments, and Partial Rescission of Antidumping 
Duty Administrative Review; 2018-2019

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

SUMMARY: The 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, 2018, through September 30, 2019. Further, Commerce 
is rescinding the administrative review, in part, with respect to 
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). We invite interested 
parties to comment on these preliminary results.

DATES: Applicable February 12, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2181.

SUPPLEMENTARY INFORMATION:

Background

    On October 29, 2002, Commerce published the antidumping duty order 
on wire rod from Mexico in the Federal Register.\1\ On October 1, 2019, 
we published in the Federal Register a notice of opportunity to request 
an administrative review of the Order.\2\ On December 11, 2019, 
pursuant to section 751(a)(1) of the Act, Commerce initiated an 
administrative review of the Order.\3\ On April 24, 2020, Commerce 
tolled all deadlines in administrative reviews by 50 days.\4\ On July 
21, 2020, Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ On October 1, 2020, Commerce extended the 
deadline for the preliminary results to February 17, 2021.\6\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\7\
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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, 84 FR 52068 (October 1, 2019).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712, 67715 (December 11, 2019) 
(Initiation Notice).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated October 1, 2020.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Determination of No Shipments, and Partial 
Recission of the 2018-2019 Administrative Review of the Antidumping 
Duty Order on Carbon and Certain Alloy Steel Wire Rod from Mexico,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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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.

Partial Rescission of Administrative Review

    The Initiation Notice listed AMLT as one of the producers/exporters 
under review.\8\ However, Commerce previously determined in a changed 
circumstances review that nearly all of AMLT's assets were sold to 
ArcelorMittal Mexico and AMLT is no longer in operation.\9\ Therefore, 
because AMLT is no longer in existence and did not have entries during 
the relevant period, Commerce is partially rescinding this 
administrative review with respect to AMLT, in accordance with 19 CFR 
351.213(d)(3).
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    \8\ See Initiation Notice, 84 FR at 67715.
    \9\ See Final Results of Changed Circumstances Review: 
Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod 
from Mexico, 82 FR 53456 (November 16, 2017).
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    The review will continue with respect to all other entities listed 
in the Initiation Notice.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price was 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. 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 http://enforcement.trade.gov/frn/index.html. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary

[[Page 9323]]

Decision Memorandum are identical in content. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Preliminary Determination of No Shipments

    On January 8, 2020, Grupo Villacero S.A. de C.V. (Villacero) 
reported that it had no exports or sales of subject merchandise into 
the United States during the POR.\10\ On February 13, 2020, Commerce 
submitted a non-shipment inquiry with U.S. Customs and Border 
Protection (CBP) with regard to the Villacero Non-Shipment Claim, to 
which CBP responded that it found no shipments of subject merchandise 
by Villacero during the POR.\11\
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    \10\ See Villacero's Letter, ``Carbon and Certain Alloy Steel 
Wire Rod from Mexico: Notice of No Sales,'' dated January 8, 2020 
(Villacero Non-Shipment Claim).
    \11\ See Memorandum, ``Carbon Alloy Steel Wire Rod from Mexico 
(A-201-830),'' dated February 19, 2020.
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    Given that Villacero reported that it made no shipments of subject 
merchandise to the United States during the POR, and there is no 
information calling its claim into question, we preliminarily determine 
that Villacero made no shipments of subject merchandise during the POR. 
Consistent with Commerce's practice, we will not rescind the review 
with respect to Villacero but, rather, will complete the review and 
issue instructions to CBP based on the final results.\12\
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    \12\ See, e.g., Certain Lined Paper Products from India: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017, 83 FR 50886 
(October 10, 2018), unchanged in Certain Lined Paper Products from 
India: Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 23017 (May 21, 2019).
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
             Manufacturers/producers/ exporters                 dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V......................................        2.49
Talleres y Aceros S.A. de C.V...............................        2.49
Ternium Mexico S.A. de C.V..................................        2.49
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If the weighted-average dumping margin for Deacero 
S.A.P.I de C.V. (i.e., the sole individually examined respondent in 
this review) is not zero or de minimis (i.e., less than 0.5 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).\13\ 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., 0.5 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 appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
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    \13\ In the 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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    For the companies which were not selected for individual review 
(i.e., Talleres y Aceros S.A. de C.V., and Ternium Mexico S.A. de 
C.V.), we will assign an assessment rate based on the weighted-average 
dumping margin calculated for the sole individually examined respondent 
in this review, Deacero. 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.\14\
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    \14\ See section 751(a)(2)(C) of the Act.
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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. 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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    \15\ See Order, 67 FR at 65947.
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    For the company for which this review is rescinded, AMLT, 
antidumping duties shall be assessed at rates equal to the cash deposit 
rate of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption. Commerce intends to issue 
assessment instructions to CBP no earlier than 41 days after the date 
of publication of this rescission notice in the Federal Register.

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.\16\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \16\ See Order, 67 FR at 65947.
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Disclosure

    We intend to disclose the calculations performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\17\
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    \17\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the

[[Page 9324]]

case briefs, may be filed no later than seven days after the date for 
filing case briefs.\18\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\19\ All briefs must be filed electronically 
using ACCESS. An electronically filed document must be received 
successfully in its entirety by the established deadline. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\20\
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    \18\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \20\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

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 doubled 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, and 19 CFR 351.213(h)(1).

    Dated: February 5, 2021.
Christian Marsh,
Acting 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. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Margin for Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-02922 Filed 2-11-21; 8:45 am]
BILLING CODE 3510-DS-P