Federal Register - February 18, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices Electronic Service System ACCESS.
ACCESS is available to registered users at http access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.
Period of Investigation The period of investigation is January 1, 2019 through December 31, 2019.
Scope of the Investigation The scope of the investigation is wire mesh from Mexico. For a complete description of the scope of this investigation, see Appendix I.
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Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A
list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is included as Appendix II.
Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an authority that confers a benefit on the recipient and that the subsidy is specific.3 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts available pursuant to section 776a of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because one respondent did not act to the best of their ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776b of the Act. The respondent, Deacero, did not respond to Commerces initial countervailing duty CVD
questionnaire, and we have continued to use an adverse inference in selection of facts available for determining the subsidy rates for these companies, pursuant to section 776d of the Act.
3 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
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For further information, see the section Use of Facts Otherwise Available and Adverse Inferences in the accompanying Issues and Decision Memorandum.
Company Aceromex S.A. De C.V.
Deacero S.A.P.I. de C.V.
All Others
10035
Subsidy rate percent 1.03
102.10
1.03
Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation.
However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782i of the Act.4
Changes Since the Preliminary Determination Based on our review and analysis of the information received in lieu of onsite verification, we made certain changes to the subsidy rate calculations for Aceromex. As a result of these changes, Commerce also revised the allothers rate. For a discussion of these changes, see the Issues and Decision Memorandum.5
All-Others Rate In accordance with section 705c1BiI of the Act, we calculated a countervailable subsidy rate for Aceromex. Section 705c5Ai of the Act states that, for all exporters and producers not individually investigated, we will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on facts available, i.e., under section 776 of the Act, to Deacero. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Aceromex.
Consequently, the rate calculated for Aceromex is also assigned as the rate for all other producers and exporters.
Final Determination Commerce determines that the following estimated countervailable subsidy rates exist:
4 See Commerce Letter, In Lieu of Verification Questionnaire for Aceromex, dated December 28, 2020.
5 See also Memorandum, Countervailing Duty Investigation of Standard Steel Welded Wire Mesh from Mexico: Final Determination Calculation Memorandum for Aceromex, S.A. de C.V., dated concurrently with this final determination.
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Disclosure Commerce intends to disclose the calculations performed in connection with this final determination within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224b.
Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703d1B and d2 of the Act, Commerce instructed U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section, that was entered or withdrawn from warehouse for consumption on or after the date of publication of the Preliminary Determination in the Federal Register.
If the U.S. International Trade Commission ITC issues a final affirmative injury determination, we will issue a CVD order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.
ITC Notification In accordance with section 705d of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation.
We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order APO, without the written consent of the Assistant Secretary for Enforcement and Compliance.
Because the final determination in this proceeding is affirmative, in accordance with section 705b of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of wire mesh from Mexico no later than 45
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