Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Amended Final Determination and Notice of Second Amended Final Determination

On December 22, 2014, the United States Court of International Trade (CIT) entered its final judgment in Deacero III,\1\ sustaining the Department of Commerce's (the Department) negative circumvention determination from the First Remand Results as it relates to the antidumping duty order on carbon and certain alloy steel wire rod from Mexico.\2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken,\3\ as clarified by Diamond Sawblades,\4\ the Department issued the Amended Final Determination \5\ notifying the public that the final judgment of the CIT in this case was not in harmony with the Department's finding in the Final Determination.\6\ In the Amended Final Determination, the Department found, under protest, that, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225, Deacero's entries of wire rod with an actual diameter of 4.75 millimeters (mm) to 5.00 mm (also referred to in this notice as small diameter wire rod) did not constitute circumvention of the Order. On April 5, 2016, the Federal Circuit reversed the CIT's holding in Deacero III.\7\ In its holding, the Federal Circuit reinstated the Department's original finding from the Final Determination that Deacero's shipments of small diameter wire rod to the United States constitute a minor alteration circumvention of the Order.\8\ ---------------------------------------------------------------------------