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[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]

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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).
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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.
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    \8\ See Initiation Notice.
    \9\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated January 11, 2024.
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    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.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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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
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