[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43525-43527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16982]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-853]


Standard Steel Welded Wire Mesh From Mexico: Antidumping Duty 
Order

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

SUMMARY: Based on the affirmative final determinations by the 
Department of Commerce (Commerce) and the International Trade 
Commission (ITC), Commerce is issuing an antidumping duty (AD) order on 
standard steel welded wire mesh (wire mesh) from Mexico.

DATES: Applicable August 9, 2021.

FOR FURTHER INFORMATION CONTACT: Melissa Kinter or Alice Maldonado, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1413 or (202) 
482-4682, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 23, 2021, 
Commerce published its affirmative final determination in the less-
than-fair-value (LTFV) investigation of wire mesh from Mexico.\1\ On 
July 30, 2021, the ITC notified Commerce of its final affirmative 
determination that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of wire mesh from Mexico.\2\
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    \1\ See Standard Steel Welded Wire Mesh from Mexico: Final 
Determination of Sales at Less-Than-Fair-Value Investigation, 86 FR 
32891 (June 23, 2021).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated July 30, 2021.
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Scope of the Order

    The merchandise covered by this order is wire mesh from Mexico. For 
a complete description of the scope of the order, see the appendix to 
this notice.

Antidumping Duty Order

    On July 30, 2021, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of imports of wire mesh from Mexico.\3\ Therefore, Commerce is issuing 
this AD order in accordance with sections 735(c)(2) and 736 of the Act. 
Because the ITC determined that imports of wire mesh from Mexico are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Mexico, which are entered or withdrawn from warehouse 
for consumption, are subject to the assessment of antidumping duties.
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    \3\ Id.
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    As a result of the ITC's final affirmative determination, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise for all relevant entries of wire mesh from 
Mexico. For entries of wire mesh from Mexico, the cash deposits for 
estimated antidumping duties have been adjusted for export subsidies 
found in the final determination of the companion

[[Page 43526]]

countervailing duty (CVD) investigation.\4\ Antidumping duties will be 
assessed on unliquidated entries of wire mesh from Mexico entered, or 
withdrawn from warehouse, for consumption on or after February 1, 2021, 
the date of publication of the Preliminary Determination,\5\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication in the Federal Register of the 
ITC's injury determination, as further described below.
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    \4\ See Standard Steel Welded Wire Mesh from Mexico: Final 
Affirmative Countervailing Duty Determination, 86 FR 10034 (February 
18, 2021) (CVD Final Determination).
    \5\ See Standard Steel Welded Wire Mesh from Mexico: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and, Extension of Provisional 
Measures, 86 FR 7710 (February 1, 2021) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation on all relevant entries of wire 
mesh from Mexico as described in the appendix to this notice which are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the ITC's notice of final determination in the 
Federal Register. These instructions suspending liquidation will remain 
in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amount as indicated below. Accordingly, effective on the date of 
publication in the Federal Register of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this subject merchandise, a 
cash deposit equal to the cash deposit for estimated antidumping duties 
based on the ad valorem cash deposit rates listed below.\6\ The 
relevant all-others rate applies to all producers or exporters not 
specifically listed, as appropriate.
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    \6\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for the AD order are 
as follows:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                        Estimated        (adjusted for
         Exporter/producer           weighted-average       subsidy
                                      dumping margin       offset(s))
                                        (percent)        (percent) \7\
------------------------------------------------------------------------
Aceromex, S.A. de C.V.............              23.04              22.01
Deacero S.A.P.I. de C.V...........             110.42             109.39
All Others........................              23.04              22.01
------------------------------------------------------------------------

Provisional Measures
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    \7\ In the companion CVD investigation, Commerce calculated a 
1.03 percent export subsidy rate for Aceromex, S.A. de C.V. 
(Aceromex) and for all other producers and exporters under the 
program ``Eighth Rule Permit Program.'' See CVD Final Determination, 
and accompanying Issues and Decision Memorandum at 10. Because we 
determined the LTFV all-others rate based on Aceromex's estimated 
weighted-average dumping margin, the export subsidy offset for all 
other producers and exporters is the lesser of the export subsidy 
rate for Aceromex and the export subsidy rate for all other 
producers and exporters in the CVD preliminary determination (i.e., 
1.03 percent). The cash deposit rate for Deacero S.A.P.I. de C.V. is 
equal to the petition rate (110.42 percent) adjusted for the lowest 
rate of export subsidies found for any company in the most recently-
completed segment in the companion CVD proceeding (i.e., 1.03 
percent related to the Eighth Rule Permit Program).
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    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant proportion of exports of the 
subject merchandise. At the request of exporters that account for a 
significant proportion of exports of wire mesh from Mexico, we extended 
the four-month period to six months in the Preliminary Determination 
published on February 1, 2021.
    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determination, ended on July 30, 2021. 
Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of wire mesh from Mexico entered, or withdrawn 
from warehouse, for consumption after July 30, 2021, the final day 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notification to Interested Parties

    This notice constitutes the AD order with respect to wire mesh from 
Mexico pursuant to section 736(a) of the Act. Interested parties can 
find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: August 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is uncoated 
standard welded steel reinforcement wire mesh (wire mesh) produced 
from smooth or deformed wire. Subject wire mesh is produced in 
square and rectangular grids of uniformly spaced steel wires that 
are welded at all intersections. Sizes are specified by combining 
the spacing of the wires in inches or millimeters and the wire 
cross-sectional area in hundredths of square inch or millimeters 
squared. Subject wire mesh may be packaged and sold in rolls or in 
sheets.
    Subject wire mesh is currently produced to ASTM specification 
A1064/A1064M, which covers carbon-steel wire and welded wire 
reinforcement, smooth and deformed, for concrete in the following 
seven styles:

1. 6X6 W1.4/W1.4 or D1.4/D1.4
2. 6X6 W2.1/W2.1 or D2.1/D2.1
3. 6X6 W2.9/W2.9 or D2.9/D2.9
4. 6X6 W4/W4 or D4/D4
5. 6X12 W4/W4 or D4/D4
6. 4X4 W2.9/W2.9 or D2.9/D2.9
7. 4X4 W4/W4 or D4/D4

    The first number in the style denotes the nominal spacing 
between the longitudinal wires and the second number denotes the 
nominal spacing between the transverse wires. In the first style 
listed above, for example, ``6X6'' denotes a grid size of six inches 
by six inches. ``W'' denotes the use of smooth wire, and ``D'' 
denotes the use of deformed wire in making the mesh. The number 
following the W or D denotes the nominal cross-sectional area of the 
transverse and longitudinal wires in hundredths of a

[[Page 43527]]

square inch (i.e., W1.4 or D1.4 is .014 square inches).
    Smooth wire is wire that has a uniform cross-sectional diameter 
throughout the length of the wire.
    Deformed wire is wire with indentations or raised transverse 
ribs, which results in wire that does not have a uniform cross-
sectional diameter throughout the length of the wire.
    Rolls of subject wire mesh are produced in the following styles 
and nominal width and length combinations:
Style: 6X6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 gauge)
Roll Sizes:
    5' X 50'
    5' X 150'
    6' X 150'
    5' X 200'
    7' X 200'
    7.5' X 200'
Style: 6X6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 gauge)
Roll Sizes:
    5' X 150'
Style: 6X6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Roll Sizes:
    5' X 150'
    7' X 200'
    All rolled wire mesh is included in scope regardless of length.
    Sheets of subject wire mesh are produced in the following styles 
and nominal width and length combinations:
Style: 6X6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 gauge)
Sheet Size:
    3'6'' X 7'
    4' X 7'
    4' X 7'6''
    5' X 10'
    7' X 20'
    7'6'' X 20'
    8' X 12'6''
    8' X 15'
    8' X 20'
Style: 6X6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 gauge)
Sheet Size:
    5' X 10'
    7' X 20'
    7'6'' X 20'
    8' X 12'6''
    8' X 15'
    8' X 20'
Style: 6X6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Sheet Size:
    3'6'' X 20'
    5' X 10'
    7' X 20'
    7'6'' X 20'
    8' X 12'6''
    8' X 15'
    8' X 20'
Style: 6X12 W4/W4 or D4/D4 (i.e., 4 gauge)
Sheet Size:
    8' X 20'
Style: 4X4 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 gauge)
Sheet Size:
    5' X 10'
    7' X 20'
    7'6'' X 20'
    8' X 12'6''
    8' X 12'8''
    8' X 15'
    8' X 20'
Style: 4X4 W4/W4 or D4/D4 (i.e., 4 gauge)
Sheet Size:
    5' X 10'
    8' X 12'6''
    8' X 12'8''
    8' X 15'
    8' X 20'
    Any product imported, sold, or invoiced in one of these size 
combinations is within the scope.
    ASTM specification A1064/A1064M provides for permissible 
variations in wire gauges, the spacing between transverse and 
longitudinal wires, and the length and width combinations. To the 
extent a roll or sheet of welded wire mesh falls within these 
permissible variations, it is within this scope.
    ASTM specification A1064/A1064M also defines permissible 
oversteeling, which is the use of a heavier gauge wire with a larger 
cross-sectional area than nominally specified. It also permits a 
wire diameter tolerance of <plus-minus> 0.003 inches for products up 
to W5/D5 and <plus-minus> 0.004 for sizes over W5/D5. A producer may 
oversteel by increasing smooth or deformed wire diameter up to two 
whole number size increments on Table 1 of A1064. Subject wire mesh 
has the following actual wire diameter ranges, which account for 
both oversteeling and diameter tolerance:

------------------------------------------------------------------------
                                        Maximum
              W/D No.                oversteeling      Diameter range
                                          No.              (inch)
------------------------------------------------------------------------
1.4 (i.e., 10 gauge)..............             3.4  0.093 to 0.211.
2.1 (i.e., 8 gauge)...............             4.1  0.161 to 0.231.
2.9 (i.e., 6 gauge)...............             4.9  0.189 to 0.253.
4.0 (i.e., 4 gauge)...............             6.0  0.223 to 0.280.
------------------------------------------------------------------------

    To the extent a roll or sheet of welded wire mesh falls within 
the permissible variations provided above, it is within this scope.
    In addition to the tolerances permitted in ASTM specification 
A1064/A1064M, wire mesh within this scope includes combinations 
where:
    1. A width and/or length combination varies by <plus-minus> one 
grid size in any direction, i.e., <plus-minus> 6 inches in length or 
width where the wire mesh's grid size is ``6X6''; and/or
    2. The center-to-center spacing between individual wires may 
vary by up to one quarter of an inch from the nominal grid size 
specified.
    Length is measured from the ends of any wire and width is 
measured between the center-line of end longitudinal wires.
    Additionally, although the subject wire mesh typically meets 
ASTM A1064/A1064M, the failure to include certifications, test 
reports or other documentation establishing that the product meets 
this specification does not remove the product from the scope. Wire 
mesh made to comparable foreign specifications (e.g., DIN, JIS, 
etc.) or proprietary specifications is included in the scope.
    Excluded from the scope is wire mesh that is galvanized (i.e., 
coated with zinc) or coated with an epoxy coating. In order to be 
excluded as galvanized, the excluded welded wire mesh must have a 
zinc coating thickness meeting the requirements of ASTM 
specification A641/A641M. Epoxy coating is a mix of epoxy resin and 
hardener that can be applied to the surface of steel wire.
    Merchandise subject to this investigation are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
7314.20.0000 and 7314.39.0000. While HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

[FR Doc. 2021-16982 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P