2020-16185. Standard Steel Welded Wire Mesh from Mexico: Initiation of Less-Than-Fair-Value Investigation
-
Start Preamble
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Applicable July 20, 2020.
Start Further Info Start Printed Page 45168FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Melissa Kinter; 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) 482-4682 or (202) 482-1413, respectively.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
The Petition
On June 30, 2020, the Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of standard steel welded wire mesh (wire mesh) from Mexico filed in proper form on behalf of the petitioners,[1] domestic producers of wire mesh.[2] The Petition was accompanied by a countervailing duty (CVD) petition concerning imports of wire mesh from Mexico.[3]
On July 2, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petition in separate supplemental questionnaires.[4] The petitioners filed responses to the supplemental questionnaires on July 7, 2020.[5]
In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of wire mesh from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the wire mesh industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are interested parties, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support for the initiation of the requested AD investigation.[6]
Period of Investigation
Because the Petition was filed on June 30, 2020, the period of investigation (POI) for this AD investigation is April 1, 2019 through March 31, 2020, pursuant to 19 CFR 351.204(b)(1).[7]
Scope of the Investigation
The products covered by this investigation are wire mesh from Mexico. For a full description of the scope of this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).[8] Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,[9] all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on August 10, 2020, which is the next business day after 20 calendar days from the signature date of this notice.[10] Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on August 20, 2020, which is ten calendar days from the initial comment deadline.
Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.[11] An electronically filed document must be received successfully in its entirety by the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of wire mesh to be reported in response to Commerce's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately, as well as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe wire mesh, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Start Printed Page 45169Commerce attempts to list the most important physical characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on August 10, 2020, which is the next business day after 20 calendar days from the signature date of this notice.[12] Any rebuttal comments must be filed by 5:00 p.m. ET on August 20, 2020. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”
Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,[13] they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.[14]
Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).
With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigation.[15] Based on our analysis of the information submitted on the record, we have determined that wire mesh, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.[16]
In determining whether the petitioners have standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the “Scope of the Investigation,” in the appendix to this notice. To establish industry support, the petitioners provided their 2019 production of the domestic like product, as well as the 2019 production of Davis Wire Corporation and Liberty Steel USA, supporters of the Petition.[17] The petitioners compared the production of the supporters of the Petition to the estimated total production of the domestic like product for the entire domestic industry.[18] We relied on data provided by the petitioners for purposes of measuring industry support.[19]
From July 13 through 17, 2020, we received comments on industry support from Deacero S.A.P.I. de C.V, a Mexican producer, and its affiliated U.S. importer, Deacero USA, Inc. (collectively, Deacero).[20] The petitioners responded to these industry support comments on July 14 and 16, 2020, respectively.[21]
Our review of the data provided in the Petition, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petition.[22] First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product, and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).[23] Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.[24] Finally, the domestic producers (or workers) have met the statutory criterion for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.[25] Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within Start Printed Page 45170the meaning of section 732(b)(1) of the Act.[26]
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.[27]
The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression and/or suppression; lost sales and revenues; decreasing capacity utilization rates and shipments; declines in employment variables; and declining financial performance and operating income.[28] We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.[29]
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate an AD investigation of imports of wire mesh from Mexico. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the Mexico AD Initiation Checklist.
U.S. Price
The petitioners based EP on pricing information for a sale of wire mesh produced in and exported from Mexico. The petitioners made certain adjustments to U.S. price to calculate a net ex-factory U.S. price.[30]
Normal Value [31]
The petitioners based NV on a home market price quote obtained through market research for wire mesh produced in and sold, or offered for sale, in Mexico within the applicable time period.[32] The petitioners provided information indicating that the price quote was below the COP and, therefore, the petitioners also calculated NV based on constructed value (CV).
For further discussion of CV, see the section “Normal Value Based on Constructed Value.”
Normal Value Based on Constructed Value
As noted above, the petitioners provided information indicating that the price charged for wire mesh produced in and sold, or offered for sale, in Mexico was below the COP. Accordingly, the petitioners also based NV on CV.[33] Pursuant to section 773(e) of the Act, the petitioners calculated CV as the sum of the cost of manufacturing; selling, general, and administrative expenses; financial expenses; and profit.[34]
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to believe that imports of wire mesh from Mexico are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for wire mesh for Mexico range from 64.07 to 152.68 percent.[35]
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of wire mesh from Mexico are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named nine companies in Mexico [36] as producers/exporters of wire mesh.
Following standard practice in AD investigations involving market economy countries, in the event Commerce determines that the number of exporters or producers in any individual case is large such that Commerce cannot individually examine each company based upon its resources, where appropriate, Commerce intends to select mandatory respondents in that case based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the “Scope of the Investigation,” in the appendix.
On July 14, 2020, Commerce released CBP data on imports of wire mesh from Mexico under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of this investigation.[37] Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection.
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce's website at http://enforcement.trade.gov/apo.
Distribution of Copies of the AD Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the AD Petition has been provided to the Government of Mexico via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the AD Petition to each exporter named in the AD Petition, as provided under 19 CFR 351.203(c)(2).Start Printed Page 45171
ITC Notification
We will notify the ITC of our initiation, as required by section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the AD Petition was filed, whether there is a reasonable indication that imports of wire mesh from Mexico are materially injuring, or threatening material injury to, a U.S. industry.[38] A negative ITC determination will result in the investigation being terminated.[39] Otherwise, the AD investigation will proceed according to statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted [40] and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.[41] Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation.
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV, stating that “if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.” When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent's initial section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301 or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm,, prior to submitting factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.[42] Parties must use the certification formats provided in 19 CFR 351.303(g).[43] Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.
Notification to Interested Parties
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain portions of its requirements for serving documents containing business proprietary information, until further notice.[44]
This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).
Start SignatureDated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers 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/D4Start Printed Page 45172
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 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 ± 0.003 inches for products up to W5/D5 and ± 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:
W/D No. Maximum oversteeling No. Diameter range (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 ± one grid size in any direction, i.e., ± 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.
End Supplemental InformationFootnotes
1. Insteel Industries, Inc.; Mid South Wire Company; National Wire LLC; Oklahoma Steel & Wire Co.; and Wire Mesh Corp. (collectively, the petitioners).
Back to Citation2. See Petitioners' Letter, “Standard Steel Welded Wire Mesh from Mexico—Petition for the Imposition of Antidumping and Countervailing Duties,” dated June 30, 2020 (the Petition).
Back to Citation3. Id.
Back to Citation4. See Commerce's Letters, “Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Imports of Standard Steel Welded Wire Mesh from Mexico: Supplemental Questions”; and “Petition for the Imposition of Antidumping Duties on Imports of Standard Steel Welded Wire Mesh from Mexico: Supplemental Questions,” both dated July 2, 2020.
Back to Citation5. See Petitioners' Letters, “Standard Steel Welded Wire Mesh from Mexico—Petitioners' Amendment to Volume I Concerning General Issues,” (General Issues Supplement); and “Standard Steel Welded Wire Mesh from Mexico—Petitioners' Amendment to Volume II Related to Antidumping Duties from Mexico,” (Mexico AD Supplement), both dated July 7, 2020.
Back to Citation6. See infra, section on “Determination of Industry Support for the Petition.”
Back to Citation7. See 19 CFR 351.204(b)(1).
Back to Citation8. See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble).
Back to Citation9. See 19 CFR 351.102(b)(21) (defining “factual information”).
Back to Citation10. See 19 CFR 351.303(b). Commerce practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day (in this instance, August 10, 2020). See also Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day Rule).
Back to Citation11. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
Back to Citation12. See 19 CFR 351.303(b); and Next Business Day Rule.
Back to Citation13. See section 771(10) of the Act.
Back to Citation14. See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
Back to Citation15. See Volume I of the Petition at 16-17; see also General Issues Supplement at 9-10.
Back to Citation16. For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Standard Steel Welded Wire Mesh from Mexico (Mexico AD Initiation Checklist) at Attachment II, “Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Standard Steel Welded Wire Mesh from Mexico” (Attachment II), dated concurrently with this notice and on file electronically via ACCESS.
Back to Citation17. See Volume I of the Petition at 3-4 and Exhibit GEN-3.
Back to Citation18. See Volume I of the Petition at 3-4 and Exhibits GEN-1 and GEN-3; see also General Issues Supplement at 11 and Exhibit GEN-SUPP-3.
Back to Citation19. Id. For further discussion, see Mexico AD Initiation Checklist at Attachment II.
Back to Citation20. See Deacero's Letter, “Standard Steel Welded Wire Mesh from Mexico—Request to Clarify Scope and to Poll Domestic Industry,” dated July 13, 2020; Deacero's Letter, “Standard Steel Welded Wire Mesh from Mexico—Continued Request to Clarify Scope and to Poll Domestic Industry,” dated July 15, 2020; and Deacero's Letter, “Standard Steel Welded Wire Mesh from Mexico—Third Request to Clarify Scope and to Poll Domestic Industry,” dated July 17, 2020.
Back to Citation21. See Petitioners' Letter, “Standard Steel Welded Wire Mesh from Mexico—Petitioners' Response to Deacero's Request to Clarify Scope and to Poll Domestic Industry,” dated July 14, 2020; see also Petitioners' Letter, “Standard Steel Welded Wire Mesh from Mexico—Petitioners' Response to Deacero's Second Request to Clarify Scope and to Poll Domestic Industry,” dated July 16, 2020.
Back to Citation22. Id.
Back to Citation23. See Mexico AD Initiation Checklist at Attachment II.; see also section 732(c)(4)(D) of the Act.
Back to Citation24. See Mexico AD Initiation Checklist at Attachment II.
Back to Citation25. Id.
Back to Citation26. Id.
Back to Citation27. See Volume I of the Petition at 18-19 and Exhibit GEN-9.
Back to Citation28. See Volume I of the Petition at 9-10, 15, 18-27 and Exhibits GEN-1, GEN-5, GEN-6 and GEN-9 through GEN-12; see also General Issues Supplement at 11 and Exhibit GEN-SUPP-5.
Back to Citation29. See Mexico AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Standard Steel Welded Wire Mesh from Mexico.
Back to Citation30. See Mexico AD Initiation Checklist.
Back to Citation31. In accordance with section 773(b)(2) of the Act, for this investigation, Commerce will request information necessary to calculate the constructed value and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product.
Back to Citation32. See Mexico AD Initiation Checklist.
Back to Citation33. See Mexico AD Initiation Checklist for details of calculations.
Back to Citation34. See Mexico AD Initiation Checklist.
Back to Citation35. See Mexico AD Initiation Checklist for details of calculations.
Back to Citation36. See Volume I of the Petition at Exhibit GEN-7.
Back to Citation37. See Memorandum, “Antidumping Duty Investigation of Standard Steel Welded Wire Mesh from Mexico: Release of Customs Data from U.S. Customs and Border Protection,” dated July 14, 2020.
Back to Citation38. See section 733(a) of the Act.
Back to Citation39. Id.
Back to Citation40. See 19 CFR 351.301(b).
Back to Citation41. See 19 CFR 351.301(b)(2).
Back to Citation42. See section 782(b) of the Act.
Back to Citation43. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
Back to Citation44. See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
Back to Citation[FR Doc. 2020-16185 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P
Document Information
- Published:
- 07/27/2020
- Department:
- International Trade Administration
- Entry Type:
- Notice
- Document Number:
- 2020-16185
- Dates:
- Applicable July 20, 2020.
- Pages:
- 45167-45172 (6 pages)
- Docket Numbers:
- A-201-853
- PDF File:
- 2020-16185.pdf
- Supporting Documents:
- » Requests for Nominations: Trade Promotion Coordinating Committee
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
- » Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
- » Meetings: United States Travel and Tourism Advisory Board
- » Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
- » Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review