80 FR 44326 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 143 (July 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44326-44327 | |
| FR Document | 2015-18335 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Notices] [Pages 44326-44327] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18335] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 22, 2014, the United States Court of International Trade (CIT) entered its final judgment in Deacero S.A.P.I. de C.V. and Deacero Usa, Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345, Slip Op. 14-151 (Deacero III), sustaining the Department of Commerce's (the Department) negative circumvention determination from the First Remand Results.\1\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination \2\ 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 constitute circumvention of the Order.\3\ --------------------------------------------------------------------------- \1\ See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345; Slip Op. 13-126 (CIT 2013) (January 29, 2014) (First Remand Results). \2\ See Carbon and Certain Alloy Steel Wire Rod From Mexico: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 59892 (October 1, 2012) (Final Determination) and accompanying Issues and Decision Memorandum (Final Decision Memorandum). \3\ See Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) (Order). --------------------------------------------------------------------------- DATES: Effective Date: January 1, 2015. FOR FURTHER INFORMATION CONTACT: Eric Greynolds, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6071. SUPPLEMENTARY INFORMATION: Background On October 1, 2012, the Department issued its Final Determination in which it determined that Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm constitute a circumventing minor alteration of the Order.\4\ Deacero challenged the Department's determination. Upon review, the CIT remanded the Final Determination, holding that the Department improperly determined that wire rod with a thickness between 4.75 mm and 5.00 mm was inside the scope despite the fact that it was commercially available before the investigation and [[Page 44327]] petitioners ``consciously chose to limit the Order's reach to certain steel products 5.00 mm or more, but less than 19.00 mm in solid cross- sectional diameter.'' \5\ On remand, based on the Court's reasoning, the Department found that there is no alternative but to change the results of the anti-circumvention determination and find on remand that 4.75 mm wire rod is not within the scope of the Order.\6\ In Deacero II, the Court held that although the Department ultimately reached a supportable result in the First Remand Results, remand was nonetheless necessary because the Department arrived at the result by misinterpreting Deacero I.\7\ Therefore, in Deacero II, the Court instructed the Department to explain whether it seeks the Court's leave to revisit the issue of commercial availability.\8\ In the Second Remand Results, the Department continued to respectfully disagree with the Court that the ``commercial availability'' of a product in the country in question, in a third country or in the United States bars the Department from reaching an affirmative anti-circumvention determination under the minor alteration provision of the statute.\9\ For these same reasons, the Department did not request a remand to further consider ``commercial availability'' in the context of this minor alteration proceeding. On December 22, 2014, the CIT entered final judgment sustaining the First Remand Results.\10\ --------------------------------------------------------------------------- \4\ See Final Determination. \5\ See Deacero S.A. de C.V. v. United States, 37 CIT, 942 F. Supp. 2d 1321, 1324-25 (2013). (Deacero I);Deacero Remand, Slip Op. 13-126 at 15. \6\ See First Remand Results at 6. \7\ See Deacero S.A.P.I. de C.V. v. United States, Slip Op. 14- 99, 2014 WL 4244349, *1-3 (CIT Aug. 28, 2014) (Deacero II) at 11-12. \8\ Id. at 12. \9\ See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. et al v. United States, Court No. 12-00345; Slip Op. 14-99 (CIT August 28, 2014) (Second Remand Results). \10\ See Deacero III. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's December 22, 2014 judgment sustaining the Department's First Remand Results with respect to Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm not constituting a circumventing minor alteration of the Order constitutes a final decision of the Court that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court decision, we are amending the Final Determination with respect to Deacero's shipments of wire rod with an actual diameter of 4.75 mm to 5.00 mm. Based on the negative circumvention determination, Deacero's 4.75 mm wire rod is not subject to antidumping duties. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise, but set the cash deposit rate for the 4.75 mm up to 5 mm diameter wire rod to zero pending a final and conclusive court decision. For any antidumping duties which have been deposited for 4.75 up to 5mm diameter wire rod entered from January 1, 2015 to the date of this notice, we will instruct Customs and Border Protection to refund the cash deposit upon request but continue to suspend the entries at a zero cash deposit rate. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: July 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-18335 Filed 7-24-15; 8:45 am] BILLING CODE 3510-DS-P
![44326 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
Affected Public: Individuals or the zone to include Adams, Fulton, Ameristeel U.S. Inc., Evraz Rocky
households. Juniata, Lebanon and Perry Counties, Mountain Steel, and Nucor Corporation,
Frequency: Annually. Pennsylvania, as described in the Court No. 12–00345, Slip Op. 14–151
Respondent’s Obligation: Required to application. If approved, the grantee (Deacero III), sustaining the Department
obtain benefits. would be able to serve sites throughout of Commerce’s (the Department)
This information collection request the expanded service area based on negative circumvention determination
may be viewed at reginfo.gov. Follow companies’ needs for FTZ designation. from the First Remand Results.1
the instructions to view Department of The proposed expanded service area is Consistent with the decision of the
Commerce collections currently under adjacent to the Harrisburg Customs and United States Court of Appeals for the
review by OMB. Border Protection Port of Entry. Federal Circuit (CAFC) in Timken Co. v.
Written comments and In accordance with the FTZ Board’s United States, 893 F.2d 337 (Fed. Cir.
recommendations for the proposed regulations, Elizabeth Whiteman of the 1990) (Timken), as clarified by Diamond
information collection should be sent FTZ Staff is designated examiner to Sawblades Mfrs. Coalition v. United
within 30 days of publication of this evaluate and analyze the facts and States, 626 F.3d 1374 (Fed. Cir. 2010)
notice to OIRA_Submission@ information presented in the application (Diamond Sawblades), the Department
omb.eop.gov or fax to (202) 395–5806. and case record and to report findings is notifying the public that the final
Sheleen Dumas, and recommendations to the FTZ Board. judgment in this case is not in harmony
Departmental PRA Lead, Office of the Chief Public comment is invited from with the Department’s Final
Information Officer. interested parties. Submissions shall be Determination 2 that, pursuant to section
[FR Doc. 2015–18296 Filed 7–24–15; 8:45 am] addressed to the FTZ Board’s Executive 781(c) of the Tariff Act of 1930, as
BILLING CODE 3510–13–P Secretary at the address below. The amended (the Act) and 19 CFR 351.225,
closing period for their receipt is Deacero’s entries of wire rod with an
September 25, 2015. Rebuttal comments actual diameter of 4.75 millimeters
DEPARTMENT OF COMMERCE in response to material submitted (mm) to 5.00 mm constitute
during the foregoing period may be circumvention of the Order.3
Foreign-Trade Zones Board submitted during the subsequent 15-day DATES: Effective Date: January 1, 2015.
[B–46–2015] period to October 13, 2015. FOR FURTHER INFORMATION CONTACT: Eric
A copy of the application will be Greynolds, AD/CVD Operations, Office
Foreign-Trade Zone 147—Berks available for public inspection at the III, Enforcement and Compliance,
County, Pennsylvania; Application for Office of the Executive Secretary, International Trade Administration,
Reorganization (Expansion of Service Foreign-Trade Zones Board, Room U.S. Department of Commerce, 14th
Area); Under Alternative Site 21013, U.S. Department of Commerce, Street and Constitution Avenue NW.,
Framework 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202)
Washington, DC 20230–0002, and in the 482–6071.
An application has been submitted to ‘‘Reading Room’’ section of the FTZ SUPPLEMENTARY INFORMATION:
the Foreign-Trade Zones (FTZ) Board by Board’s Web site, which is accessible
the FTZ Corporation of Southern via www.trade.gov/ftz. For further Background
Pennsylvania, grantee of Foreign-Trade information, contact Elizabeth On October 1, 2012, the Department
Zone 147, requesting authority to Whiteman at issued its Final Determination in which
reorganize the zone to expand its service Elizabeth.Whiteman@trade.gov or (202) it determined that Deacero’s shipments
area under the alternative site of wire rod with an actual diameter of
482–0473.
framework (ASF) adopted by the FTZ 4.75 mm to 5.00 mm constitute a
Board (15 CFR 400.2(c)). The ASF is an Dated: July 20, 2015.
circumventing minor alteration of the
option for grantees for the establishment Andrew McGilvray,
Order.4 Deacero challenged the
or reorganization of zones and can Executive Secretary. Department’s determination. Upon
permit significantly greater flexibility in [FR Doc. 2015–18334 Filed 7–24–15; 8:45 am] review, the CIT remanded the Final
the designation of new subzones or BILLING CODE 3510–DS–P Determination, holding that the
‘‘usage-driven’’ FTZ sites for operators/ Department improperly determined that
users located within a grantee’s ‘‘service wire rod with a thickness between 4.75
area’’ in the context of the FTZ Board’s DEPARTMENT OF COMMERCE mm and 5.00 mm was inside the scope
standard 2,000-acre activation limit for despite the fact that it was commercially
a zone. The application was submitted International Trade Administration
available before the investigation and
pursuant to the Foreign-Trade Zones [A–201–830]
Act, as amended (19 U.S.C. 81a–81u), 1 See Final Results of Redetermination Pursuant
and the regulations of the FTZ Board (15 Carbon and Certain Alloy Steel Wire to Deacero S.A. de C.V. and Deacero USA Inc. v.
CFR part 400). It was formally docketed Rod From Mexico: Notice of Court United States and Arcelormittal USA LLC, Gerdau
on July 20, 2015. Ameristeel U.S. Inc., Evraz Rocky Mountain Steel,
Decision Not in Harmony With Final and Nucor Corporation, Court No. 12–00345; Slip
FTZ 147 was approved by the FTZ Results and Notice of Amended Final Op. 13–126 (CIT 2013) (January 29, 2014) (First
Board on June 28, 1988 (Board Order Determination Remand Results).
378, 53 FR 26094, July 11, 1988) and 2 See Carbon and Certain Alloy Steel Wire Rod
reorganized under the ASF on April 30, AGENCY: Enforcement and Compliance, From Mexico: Affirmative Final Determination of
International Trade Administration, Circumvention of the Antidumping Duty Order, 77
2013 (Board Order 1897, 78 FR 27953– FR 59892 (October 1, 2012) (Final Determination)
Department of Commerce.
tkelley on DSK3SPTVN1PROD with NOTICES
27954, May 13, 2013). The zone and accompanying Issues and Decision
currently has a service area that SUMMARY: On December 22, 2014, the Memorandum (Final Decision Memorandum).
includes Berks, Cumberland, Dauphin, United States Court of International 3 See Notice of Antidumping Duty Orders: Carbon
Trade (CIT) entered its final judgment in and Certain Alloy Steel Wire Rod from Brazil,
Franklin, Lancaster and York Counties, Indonesia, Mexico, Moldova, Trinidad and Tobago,
Pennsylvania. Deacero S.A.P.I. de C.V. and Deacero and Ukraine, 67 FR 65945 (October 29, 2002)
The applicant is now requesting Usa, Inc. v. United States and (Order).
authority to expand the service area of Arcelormittal USA LLC, Gerdau 4 See Final Determination.
VerDate Sep<11>2014 18:58 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1](https://thefederalregister.org/doc/80_FR_44469/page/1.svg)
![Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices 44327
petitioners ‘‘consciously chose to limit Court that is not in harmony with the http://nehrp.gov/. Interested members of
the Order’s reach to certain steel Department’s Final Determination. This the public will be able to participate in
products 5.00 mm or more, but less than notice is published in fulfillment of the the meeting from remote locations by
19.00 mm in solid cross-sectional publication requirements of Timken. calling into a central phone number.
diameter.’’ 5 On remand, based on the DATES: The ACEHR will hold a meeting
Court’s reasoning, the Department found Amended Final Determination
via WEBEX on Friday, August 21, 2015,
that there is no alternative but to change Because there is now a final court from 1:00 p.m. until 3:00 p.m. Eastern
the results of the anti-circumvention decision, we are amending the Final Time. The meeting will be open to the
determination and find on remand that Determination with respect to Deacero’s public.
4.75 mm wire rod is not within the shipments of wire rod with an actual ADDRESSES: Questions regarding the
scope of the Order.6 In Deacero II, the diameter of 4.75 mm to 5.00 mm. Based meeting should be sent to National
Court held that although the Department on the negative circumvention Earthquake Hazards Reduction Program
ultimately reached a supportable result determination, Deacero’s 4.75 mm wire Director, National Institute of Standards
in the First Remand Results, remand rod is not subject to antidumping duties. and Technology (NIST), 100 Bureau
was nonetheless necessary because the Accordingly, the Department will Drive, Mail Stop 804, Gaithersburg,
Department arrived at the result by continue the suspension of liquidation Maryland 20899–8604. For instructions
misinterpreting Deacero I.7 Therefore, in of the subject merchandise, but set the on how to participate in the meeting via
Deacero II, the Court instructed the cash deposit rate for the 4.75 mm up to WEBEX, please see the SUPPLEMENTARY
Department to explain whether it seeks 5 mm diameter wire rod to zero pending INFORMATION section of this notice.
the Court’s leave to revisit the issue of a final and conclusive court decision.
FOR FURTHER INFORMATION CONTACT: Tina
commercial availability.8 In the Second For any antidumping duties which have
Remand Results, the Department been deposited for 4.75 up to 5mm Faecke, Management and Program
continued to respectfully disagree with diameter wire rod entered from January Analyst, National Earthquake Hazards
the Court that the ‘‘commercial 1, 2015 to the date of this notice, we Reduction Program, Engineering
availability’’ of a product in the country will instruct Customs and Border Laboratory, NIST, 100 Bureau Drive,
in question, in a third country or in the Protection to refund the cash deposit Mail Stop 8604, Gaithersburg, Maryland
United States bars the Department from upon request but continue to suspend 20899–8604. Ms. Faecke’s email address
reaching an affirmative anti- the entries at a zero cash deposit rate. is tina.faecke@nist.gov and her phone
circumvention determination under the number is (301) 975–5911.
minor alteration provision of the Notification to Interested Parties SUPPLEMENTARY INFORMATION: The
statute.9 For these same reasons, the This notice is issued and published in Committee was established in
Department did not request a remand to accordance with sections 516A(e)(1), accordance with the requirements of
further consider ‘‘commercial 751(a)(1), and 777(i)(1) of the Act. Section 103 of the NEHRP
availability’’ in the context of this minor Reauthorization Act of 2004 (Pub. L.
Dated: July 20, 2015.
alteration proceeding. On December 22, 108–360). The Committee is composed
Paul Piquado,
2014, the CIT entered final judgment of 15 members appointed by the
Assistant Secretary for Enforcement and Director of NIST, who were selected for
sustaining the First Remand Results.10
Compliance.
their established records of
Timken Notice [FR Doc. 2015–18335 Filed 7–24–15; 8:45 am] distinguished service in their
In its decision in Timken, 893 F.2d at BILLING CODE 3510–DS–P professional community, their
341, as clarified by Diamond Sawblades, knowledge of issues affecting NEHRP,
the CAFC held that, pursuant to section and to reflect the wide diversity of
516A(e) of the Tariff Act of 1930, as DEPARTMENT OF COMMERCE technical disciplines, competencies, and
amended (the Act), the Department communities involved in earthquake
National Institute of Standards and
must publish a notice of a court hazards reduction. In addition, the
decision that is not ‘‘in harmony’’ with Technology
Chairperson of the U.S. Geological
a Department determination and must Advisory Committee on Earthquake Survey (USGS) Scientific Earthquake
suspend liquidation of entries pending Hazards Reduction Meeting Studies Advisory Committee (SESAC)
a ‘‘conclusive’’ court decision. The CIT’s serves as an ex-officio member of the
December 22, 2014 judgment sustaining AGENCY: National Institute of Standards Committee.
the Department’s First Remand Results and Technology, Department of The Committee assesses:
with respect to Deacero’s shipments of Commerce. • Trends and developments in the
wire rod with an actual diameter of 4.75 ACTION: Notice of open meeting. science and engineering of earthquake
mm to 5.00 mm not constituting a hazards reduction;
circumventing minor alteration of the SUMMARY: The Advisory Committee on • the effectiveness of NEHRP in
Order constitutes a final decision of the Earthquake Hazards Reduction (ACEHR performing its statutory activities;
or Committee), will hold an open • any need to revise NEHRP; and
5 See Deacero S.A. de C.V. v. United States, 37 meeting via WEBEX on Friday, August • the management, coordination,
CIT, 942 F. Supp. 2d 1321, 1324–25 (2013). 21, 2015, from 1:00 p.m. to 3:00 p.m. implementation, and activities of
(Deacero I);Deacero Remand, Slip Op. 13–126 at Eastern Time. The primary purpose of
15.
NEHRP.
6 See First Remand Results at 6. this meeting is to finalize the Background information on NEHRP
7 See Deacero S.A.P.I. de C.V. v. United States, Committee’s 2015 Report on the and the Advisory Committee is available
tkelley on DSK3SPTVN1PROD with NOTICES
Slip Op. 14–99, 2014 WL 4244349, *1–3 (CIT Aug. Effectiveness of the National Earthquake at http://nehrp.gov/.
28, 2014) (Deacero II) at 11–12. Hazards Reduction Program (NEHRP). Pursuant to the Federal Advisory
8 Id. at 12.
The agenda may change to Committee Act, as amended, 5 U.S.C.
9 See Final Results of Redetermination Pursuant
accommodate Committee business. The App., notice is hereby given that the
to Deacero S.A. de C.V. et al v. United States, Court
No. 12–00345; Slip Op. 14–99 (CIT August 28, final agenda and any draft meeting ACEHR will hold an open meeting via
2014) (Second Remand Results). materials will be posted prior to the WEBEX on Friday, August 21, 2015,
10 See Deacero III. meeting on the NEHRP Web site at from 1:00 p.m. to 3:00 p.m. Eastern
VerDate Sep<11>2014 18:58 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1](https://thefederalregister.org/doc/80_FR_44469/page/2.svg)
Document Created: 2018-02-23 09:26:36
Document Modified: 2018-02-23 09:26:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: January 1, 2015. | |
| Contact | Eric Greynolds, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6071. | |
| FR Citation | 80 FR 44326 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR