[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76727-76729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24583]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of carbon and certain alloy steel wire rod (wire 
rod) from Mexico were made at less than normal value during the period 
of review (POR), October 1, 2021, through September 30, 2022. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 7, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 29, 2002, Commerce published the antidumping duty order 
on wire rod from Mexico in the Federal Register.\1\ On October 3, 2022, 
we published in the Federal Register a notice of opportunity to request 
an administrative review of the Order.\2\ On December 5, 2022, pursuant 
to section 751(a)(1) of the Act, Commerce initiated an administrative 
review of the Order \3\ on wire rod from Mexico covering the following 
five exporters/producers: ArcelorMittal Mexico S.A. de C.V. (AMM); 
Deacero S.A.P.I. de C.V. (Deacero); Grupo Villacero S.A. de C.V. 
(Villacero); Talleres y Aceros S.A. de C.V. (Talleres y Aceros); and 
Ternium Mexico S.A. de C.V. (Ternium). On June 14, 2023, Commerce 
extended the deadline for the preliminary results to October 31, 
2023.\4\
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    \1\ See Notice of Antidumping Duty Orders: Carbon and Certain 
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 59775 (October 3, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 74404, 74406 (December 5, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated June 14, 
2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Carbon and Certain Alloy Steel Wire Rod from Mexico; 2021-2022,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is wire rod, in coils, of 
approximately round cross section, 5.00 mm or more, but less than 19.00 
mm, in solid cross-sectional diameter. The subject merchandise is 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) primarily under the subheadings: 7213.91.3000, 7213.91.3010, 
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 
7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 
7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 
7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 
7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and 
7227.90.6085. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description remains 
dispositive.
    A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.

[[Page 76728]]

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
section 772 of the Act. Normal value was calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Rate for Non-Selected Companies

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair-value (LTFV) investigation. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' 
Accordingly, Commerce's practice in administrative reviews has been to 
average the weighted-average dumping margins for the companies selected 
for individual examination in the administrative review, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\6\ For these preliminary results, we calculated a zero 
percent weighted-average dumping margin for AMM and a weighted-average 
dumping margin for Deacero that is above de minimis and not based 
entirely on facts available. Therefore, consistent with our practice, 
we have assigned the companies not selected for individual examination 
(i.e., Villacero, Talleres y Aceros, and Ternium) the weighted-average 
dumping margin calculated for Deacero.
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    \6\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Preliminary Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal Mexico S.A. de C.V............................        0.00
Deacero S.A.P.I. de C.V./Deacero USA, Inc...................        0.70
Grupo Villacero S.A. de C.V.................................        0.70
Talleres y Aceros S.A. de C.V...............................        0.70
Ternium Mexico S.A. de C.V..................................        0.70
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Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\7\
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    \7\ See 19 CFR 351.224(b).
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    Case briefs may be submitted to the Assistant Secretary for 
Enforcement and Compliance. Interested parties will be notified of the 
timeline for the submission of such case briefs and written comments at 
a later date. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) a 
statement of the issue, (2) a summary of the argument, and (3) a table 
of authorities.\9\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS. Note 
that Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\10\
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    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\11\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing at a time and location to 
be determined.\12\ Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Verification

    On March 15, 2023, Commercial Metals Company (CMC) and Nucor 
Corporation (Nucor), domestic interested parties, requested that 
Commerce conduct verification of the information submitted in AMM and 
Deacero's responses.\13\ Accordingly, as provided in section 782(i)(3) 
of the Act, Commerce intends to verify Deacero's information that will 
be relied upon in determining the final results of review.
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    \13\ See CMC/Nucor's Letter, ``Request for Verification,'' dated 
March 15, 2023.
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For any 
individually examined respondents whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\14\ If the respondent has not 
reported entered values, we will calculate a per-unit assessment rate 
for each importer by dividing the total amount of dumping calculated 
for the examined sales made to that importer by the total quantity 
associated with those sales. We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., 0.50 percent). Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the

[[Page 76729]]

appropriate entries without regard to antidumping duties.
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    \14\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent which did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate entries not reviewed 
at the all-others rate of 20.11 percent \15\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
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    \15\ See Order, 67 FR at 65947.
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    For the companies which were not selected for individual review 
(i.e., Villacero, Talleres y Aceros, and Ternium), we will instruct CBP 
to assess antidumping duties at an ad valorem rate equal to the 
weighted-average dumping margin determined for the non-examined 
companies in the final results of this review. The final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by the final results of this review 
and for future deposits of estimated duties, where applicable.\16\
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    \16\ See section 751(a)(2)(C) of the Act.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of wire rod from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results, as provided by section 751(a)(2) of the Act: (1) the 
cash deposit rate for the firms listed above will be equal to the 
dumping margins established in the final results of this review, except 
if the ultimate rates are de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates will be zero; (2) 
for merchandise exported by producers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the producer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original less-
than-fair-value investigation but the producer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 20.11 percent, the all-others rate 
established in the antidumping duty investigation.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Order, 67 FR at 65947.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 
19 CFR 351.221(b)(4).

    Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Whether Application of Facts Available and Use of Adverse 
Inference Is Appropriate
V. Rate for Respondents Not Selected for Individual Examination
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-24583 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P