Preliminary determination of circumvention - antidumping duty (AD) order on prestressed concrete steel wire strand (PC strand) from Mexico (A-201-831)

1. On 04/02/2024, Commerce issued a preliminary determination that certain high carbon steel (HCS) wire imported from Mexico that has a high carbon content (i.e., 0.60-0.85 percent), that is not heat treated, that has a diameter of less than 4.50 millimeters, and that is assembled or completed in the United States by stranding the HCS wire to produce PC strand of the type that would be subject to the AD order on PC Strand from Mexico (product covered by the determination) is circumventing the AD order on PC strand from Mexico (A-201-831). See 89 FR 22668. 2. Specifically, Commerce preliminarily determined that the product covered by the determination is covered by the scope of the order based on the totality of circumstances. 3. This preliminary circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4. Suspension of Liquidation 4a. Continue to suspend liquidation of entries of the product covered by the determination that are already subject to the suspension of liquidation under the AD order on PC strand from Mexico in accordance with message 3215405, dated 08/03/2023. 4b. For all entries of the product covered by the determination not already subject to the suspension of liquidation, CBP shall suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/31/2023. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. Producer and/or Exporter: All Others Case Number: A-201-831-000 Cash Deposit Rate: 62.78% Producer and/or Exporter: ACEROS CAMESA S.A. DE C.V. Case Number: A-201-831-001 Cash Deposit Rate: 62.78% Producer and/or Exporter: CABLESA, S.A. DE C.V. Case Number: A-201-831-002 Cash Deposit Rate: 77.20% 4c. Entries of products covered by subparagraphs 4a and 4b should not be liquidated until specific liquidation instructions are issued. Any entries which are set for liquidation must be unset immediately. 4d. For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as non-AD/CVD type entries (e.g., type 01) that were (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after 07/31/2023, for which a conversion from non-AD/CVD to AD/CVD type is required, importers should file a Post Summary Correction with CBP (in accordance with CBP's regulations). Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. 5. Certification requirements 5a. Eligibility for Certification: Importers of HCS wire from Mexico are eligible for the certification process detailed below. 5a(i): Importers of HCS wire from Mexico are eligible for the certification process detailed below and in the Preliminary Determination (89 FR 22668). 5b. Certification Requirements for importers certifying that the product covered by the determination is not to be used to produce merchandise subject to the AD order on PC strand from Mexico: 5b(i): For entries of HCS wire from Mexico entered, or withdrawn from warehouse, for consumption on or after 07/31/2023 for which the importer claims is not used to produce subject merchandise subject to the AD order on PC strand from Mexico, the importer is required to meet the certification and documentation requirements detailed in the certification below in order for no cash deposit to be required on such entries. 5b(ii): The importer, or the importer's agent, must submit the importer's certification to CBP as part of the entry process by uploading it into the document imaging system (DIS) in ACE. For entries made from 07/31/2023 (date of initiation of the circumvention inquiry) through 04/02/2024 (date of publication of the preliminary determination of the circumvention inquiry), for which the importer, or the importer's agent, did not submit the importer's certification to CBP as part of the entry process, the importer, or the importer's agent, must submit the importer's certification to CBP. 5b(iii): The importer is also required to maintain sufficient documentation (as indicated in the certification) supporting their certification. The importer is required to maintain the certification and supporting documentation for the later of (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. 5b(iv): Although the importer will not be required to submit the supporting documentation to CBP as part of the entry process, the importer will be required to present the supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency. 5b(v): Agents of the importer, such as brokers, are not permitted to make this certification. Where the importer uses a broker to facilitate the entry process it should obtain the entry number and date of entry from the broker. 5b(vi): The claims made in the importer certification and any supporting documentation are subject to verification by Commerce and/or CBP. 5c. Further, if CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of the product covered by the determination entered, or withdrawn from warehouse, for consumption on or after 07/31/2023, CBP shall suspend liquidation of all such entries as subject to the AD order, and shall require the importer to post applicable AD cash deposits. Such suspended entries will be liquidated pursuant to applicable administrative reviews of the PC strand from Mexico AD order or through the automatic liquidation process. 5d. Certification Timing and Format Requirements 5d(i). For subject merchandise (1) entered, or withdrawn from warehouse, for consumption during the period 07/31/2023 through 04/16/2024 (14 days after the date of publication of Preliminary Determination), for which certifications are required, importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. Importer certifications for these entries should be completed, signed, and dated no later than 05/17/2024 (within 45 days of the date of publication of the preliminary determination). Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, in the importer certification the bullet that reads " This certification was completed and signed on, or prior to, the date of the entry summary," could be edited as follows: "The shipments/products referenced herein entered before mm/dd/yyyy. This certification was completed and signed by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register." 5d(ii). For subject merchandise entered, or withdrawn from warehouse, for consumption on or after 07/31/2023, the importer certification requirements described in paragraph 6 apply. 6. Certification IMPORTER CERTIFICATION I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}. B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of subject high-carbon steel (HCS) wire produced in Mexico that entered under the entry summary number(s), identified below, and which is covered by this certification. "Direct personal knowledge" refers to the facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the exporter's and/or seller's identity and location. C. If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The imported subject-HCS wire covered by this certification was imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. D. The imported HCS wire covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. E. Select the appropriate statement below: a. I have personal knowledge of the facts regarding the end-use of the imported products covered by this certification because my company is the end-user of the imported product covered by this certification and I certify that the imported subject-HCS wire will not be used to produce subject merchandise. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the inputs used to produce the imported products). b. I have personal knowledge of the facts regarding the end-use of the imported product because my company is not the end-user of the imported product covered by this certification. However, I have been able to contact the end-user of the imported product and confirm that it will not use this product to produce subject merchandise. The end-user of the imported product is {COMPANY NAME} located at {ADDRESS}. "Personal knowledge" includes facts obtained from another party (e.g., correspondence received by the importer from the end-user of the product). F. The imported subject-HCS wire covered by this certification will not be further processed into prestressed concrete steel wire strand (PC strand) in the United States. (NOTE: For certifications related to entries made on or after the date of publication of the Preliminary Determination, and through 14 days after the date of publication of the Preliminary Determination, the importer should replace "will not be further processed" with "were not further processed" in the certification, as necessary). G. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller's Address: Foreign Seller's Invoice #: Foreign Seller's Invoice Line Item #: Producer: Producer's Address: H. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, product specification sheets, production records, invoices, etc.) until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. I. I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records to U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce), upon the request of either agency. J. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. K. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are entries of merchandise that is covered by the scope of the AD order on PC strand from Mexico. I understand that such a finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the AD cash deposits determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. L. I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party. M. This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register. If the entry date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register. N. I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} 7. In accordance with 19 CFR 351.226(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVIII:JS.) 9. There are no restrictions on the release of this information. Alexander Amdur