80_FR_69857 80 FR 69640 - Aluminum Extrusions From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination Pursuant to Court Decision

80 FR 69640 - Aluminum Extrusions From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination Pursuant to Court Decision

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range69640-69641
FR Document2015-28668

On October 23, 2015, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to court remand, which recalculated the all-others subsidy rate in the countervailing duty (CVD) investigation of aluminum extrusions from the People's Republic of China (the PRC),\1\ pursuant to the CIT's MacLean-Fogg Remand Order.\2\ Consistent with the clarification in the United States Court of Appeals for the Federal Circuit (CAFC) decision in Diamond Sawblades,\3\ we are amending the Final Determination. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69640-69641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28668]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-968]


Aluminum Extrusions From the People's Republic of China: Amended 
Final Affirmative Countervailing Duty Determination Pursuant to Court 
Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 23, 2015, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
results of redetermination pursuant to court remand, which recalculated 
the all-others subsidy rate in the countervailing duty (CVD) 
investigation of aluminum extrusions from the People's Republic of 
China (the PRC),\1\ pursuant to the CIT's MacLean-Fogg Remand Order.\2\ 
Consistent with the clarification in the United States Court of Appeals 
for the Federal Circuit (CAFC) decision in Diamond Sawblades,\3\ we are 
amending the Final Determination.
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 76 FR 18521 
(April 4, 2011) and Aluminum Extrusions from the People's Republic 
of China: Notice of Court Decision Not in Harmony With Final 
Affirmative Countervailing Duty Determination and Notice of Amended 
Final Affirmative Countervailing Duty Determination, 77 FR 74466 
(December 14, 2012) (collectively, Final Determination).
    \2\ See MacLean-Fogg Co. v. United States, Consol. Court No. 11-
00209, Slip Op. 15-85 (CIT August 2015) (MacLean-Fogg Remand Order).
    \3\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

---------------------------------------------------------------------------
DATES: Effective date: November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: 202-482-4793.

SUPPLEMENTARY INFORMATION: In the Final Determination, the Department 
assigned a total adverse facts available (AFA) rate of 374.14 percent 
to the three non-cooperating mandatory respondents and calculated 
company-specific net subsidy rates for two participating voluntary 
respondents. The Department averaged the rates calculated for the 
mandatory respondents and applied that rate as the all-others rate, 
calculated pursuant to section 705(c)(5)(A) of the Tariff Act of 1930 
(the Act).\4\
---------------------------------------------------------------------------

    \4\ See Final Determination, 76 FR at 18523, and accompanying 
Issues and Decision at Comment 9.
---------------------------------------------------------------------------

    In MacLean-Fogg I, the CIT held that the statute was ambiguous 
concerning whether the Department is required to base the all-others 
rate on rates calculated for mandatory respondents and therefore the 
Department was permitted to use the mandatory respondents' rates in 
calculating the all-others rate provided it did so in a reasonable 
manner.\5\ Nonetheless, the CIT remanded the all-others rate to the 
Department for reconsideration because the Department failed to 
articulate a connection between the mandatory respondent rates, based 
on AFA, and the all-others companies.\6\
---------------------------------------------------------------------------

    \5\ See MacLean-Fogg Co. v. United States, 836 F. Supp. 2d 1367, 
1373-1374 (CIT 2012) (MacLean-Fogg I).
    \6\ Id., at 1376.
---------------------------------------------------------------------------

    In MacLean-Fogg II, the CIT held that the Department's preliminary 
all-others rate in the Preliminary Determination \7\ was also subject 
to review under the same reasonableness standard because it had legal 
effect on the entries made during the interim time period between the 
issuance of the preliminary and final CVD rates, both as a cash deposit 
rate and, if an annual review was sought, as a cap on the final rate 
for those particular entries.\8\ Thus, in MacLean-Fogg II, the Court 
held that it would consider the reasonableness of the preliminary rate 
when it reviewed the Department's remand determination.\9\
---------------------------------------------------------------------------

    \7\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, 75 FR 
54302 (September 7, 2010) (Preliminary Determination).
    \8\ See MacLean-Fogg Co. v. United States, 853 F. Supp. 2d 1253, 
1256 (CIT 2012) (MacLean-Fogg II).
    \9\ Id.
---------------------------------------------------------------------------

    In MacLean-Fogg III, the CIT considered the Department's remand 
results.\10\ On remand, the Department did not recalculate the all-
others rate, but rather, provided data indicating that the rate 
calculated for the mandatory respondents was logically connected to the 
all-others companies because the mandatory respondents comprised a 
significant portion of the PRC extruded aluminum producers and 
exporters, and thus were representative of the PRC extruded aluminum 
industry as a whole.\11\ The CIT held that ``nothing in the statute 
requires that the mandatory respondents' rates, even when based on AFA, 
may only be used to develop rates for uncooperative respondents.'' \12\ 
However, in MacLean-Fogg III, the CIT also concluded that the 
Department failed to explain how the calculated all-others rate was 
remedial and not punitive when it assumed use of all subsidy programs 
identified in the investigation.\13\ Therefore, the CIT remanded again 
to the Department for re-consideration of the issue.\14\
---------------------------------------------------------------------------

    \10\ See MacLean-Fogg Co. v. United States, 853 F. Supp. 2d 
1336, 1338 (2012) (MacLean-Fogg III).
    \11\ Id.
    \12\ Id., at 1341.
    \13\ Id., at 1342-1343.
    \14\ Id., at 1343.
---------------------------------------------------------------------------

    In the second results of redetermination pursuant to remand issued 
in this litigation, the Department designated the all-others rate as 
equal to the preliminary rate it calculated for the mandatory 
respondents, i.e., 137.65 percent.\15\ In MacLean-Fogg IV, the CIT 
affirmed the Department's remand results, holding that the Department's 
selection of this all-others rate was reasonable.\16\
---------------------------------------------------------------------------

    \15\ See Final Results of Redetermination Pursuant to Court 
Remand, dated September 13, 2012, available at http://enforcement.trade.gov/remands.
    \16\ See MacLean Fogg Co., et al. v. United States, 885 F. Supp. 
2d 1337 (CIT 2012) (MacLean Fogg IV) at 11-12.
---------------------------------------------------------------------------

    The CIT's holdings were appealed to the CAFC. On June 3, 2014, the 
CAFC held that section 351.204(d)(3) of the Department's regulations, 
which directs the Department to exclude voluntary respondents' rates 
from its calculation of the all-others rate, was inconsistent

[[Page 69641]]

with the statute.\17\ Accordingly, the CAFC held that the Department 
must include rates calculated for voluntary respondents in determining 
an all-others rate.\18\ As the Department had not used the rates 
calculated for the voluntary respondents in the underlying 
investigation to determine the all-others rate, the CAFC therefore held 
that the Department was required to recalculate the all-others rate 
using the voluntary respondents' rates. The CIT subsequently remanded 
the issue to the Department for reconsideration in light of the CAFC's 
holding.\19\
---------------------------------------------------------------------------

    \17\ See MacLean-Fogg Co. v. United States (CAFC), 753 F.3d 1237 
(Fed. Cir. 2014).
    \18\ Id., at 1245.
    \19\ See MacLean-Fogg Co. v. United States, 32 F. Supp. 3d 1358 
(CIT 2014) (MacLean-Fogg V).
---------------------------------------------------------------------------

    On remand, the Department recalculated the all-others rate using a 
simple average of the voluntary respondents' rates.\20\ Section 
705(c)(5)(A)(i) of the Act provides that, in general, the all-others 
rate ``shall be an amount equal to the weighted average countervailable 
subsidy rates established for exporters and producers individually 
investigated . . . .'' However, the Department explained in the Third 
Remand Results that the use of a weighted average would have revealed 
the proprietary information of the voluntary respondents to each 
other.\21\
---------------------------------------------------------------------------

    \20\ See Final Results of Redetermination Pursuant to Court 
Remand, dated March 17, 2015 (Third Remand Results) at 6, available 
at http://enforcement.trade.gov/remands.
    \21\ Id.
---------------------------------------------------------------------------

    Petitioners \22\ argued that the Department should have requested 
publicly ranged versions of proprietary data on the record from the 
voluntary respondents to use in its calculation of the all-others rate, 
but in the Third Remand Results, the Department instead calculated the 
all-others rate using a simple average of the rates of the two 
voluntary respondents, which resulted in a rate of 7.42 percent.\23\
---------------------------------------------------------------------------

    \22\ Petitioners are the Aluminum Extrusions Fair Trade 
Committee.
    \23\ See Third Remand Result.
---------------------------------------------------------------------------

    After considering the Third Remand Results, the CIT remanded to the 
Department the all-others rate calculation, explaining that the 
``statute unequivocally and without exception requires that the 
Department base the all-others rate on the weighted average of 
individually-investigated non-zero, non-de minimis, non-AFA rates.'' 
\24\ Furthermore, the CIT emphasized that 19 CFR 351.304(c)(1) requires 
all proprietary information ``to be accompanied by public versions `in 
sufficient detail to permit a reasonable understanding of the substance 
of the information.' '' \25\ The CIT thus directed the Department on 
remand to either request the publicly ranged data from the voluntary 
respondents, or publicly range the companies' information itself, and 
reconsider its determination to use a simple average of their subsidy 
rates.\26\
---------------------------------------------------------------------------

    \24\ See MacLean-Fogg Remand Order, at 21.
    \25\ Id., at 30.
    \26\ Id., at 31.
---------------------------------------------------------------------------

    The Department requested and received from the voluntary 
respondents (i.e., Guang Ya Companies and Zhongya Companies) their 
publicly ranged sales value and volume data for exports of subject 
merchandise to the United States during the 2009 investigation period. 
Using that data, the Department calculated a weighted-average all-
others subsidy rate of 7.37 percent.\27\ In accordance with the 
MacLean-Fogg Remand Order, the Department reconsidered its decision to 
rely on the simple average of the voluntary respondents' rates in 
determining the all-others rate.\28\ Specifically, because the subsidy 
rate determined based on the publicly ranged data, rather than the 
subsidy rate determined based on a simple average, is closer to the 
subsidy rate that would have resulted from weighting the voluntary 
respondents' rates based on proprietary sales values, the Department 
revised the all-others rate to 7.37 percent in its Final Remand 
Results.\29\
---------------------------------------------------------------------------

    \27\ See Final Results of Redetermination Pursuant to Court 
Remand, dated October 15, 2015 (Final Remand Results), available at 
http://enforcement.trade.gov/remands.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

    On October 23, 2015, in MacLean Fogg Remand Order, the CIT affirmed 
the Department's Final Remand Results, upholding that the Department's 
all-others rate of 7.37 percent.\30\
---------------------------------------------------------------------------

    \30\ See MacLean Fogg Co., et al. v. United States, Slip Op. 15-
119, Court No. 11-00209 (October 23, 2015).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision with respect to the 
Final Determination, the Department amends its Final Determination. The 
following revised net subsidy rate exists:

------------------------------------------------------------------------
              Company                           Subsidy rate
------------------------------------------------------------------------
All-Others........................  7.37 percent ad valorem.
------------------------------------------------------------------------

    For companies subject to the all-others rate, the cash deposit rate 
will be the rate listed above and the Department will instruct U.S. 
Customs and Border Protection accordingly. This notice is issued and 
published in accordance with sections 705(d) and 777(i)(1) of the Act 
and consistent with the clarification in Diamond Sawblades.

    Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28668 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    69640                      Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

                                                    with the regulations and the terms of an                MacLean-Fogg Remand Order.2                           during the interim time period between
                                                    APO is a sanctionable violation.                        Consistent with the clarification in the              the issuance of the preliminary and final
                                                      We are issuing and publishing these                   United States Court of Appeals for the                CVD rates, both as a cash deposit rate
                                                    results in accordance with sections                     Federal Circuit (CAFC) decision in                    and, if an annual review was sought, as
                                                    751(a)(1) and 777(i)(1) of the Act and 19               Diamond Sawblades,3 we are amending                   a cap on the final rate for those
                                                    CFR 351.213.                                            the Final Determination.                              particular entries.8 Thus, in MacLean-
                                                      Dated: November 3, 2015.                              DATES: Effective date: November 2,                    Fogg II, the Court held that it would
                                                    Paul Piquado,                                           2015.                                                 consider the reasonableness of the
                                                                                                                                                                  preliminary rate when it reviewed the
                                                    Assistant Secretary for Enforcement and                 FOR FURTHER INFORMATION CONTACT:
                                                    Compliance.                                                                                                   Department’s remand determination.9
                                                                                                            Kristen Johnson, AD/CVD Operations,                      In MacLean-Fogg III, the CIT
                                                    Appendix I—List of Topics Discussed in                  Office III, Enforcement and Compliance,               considered the Department’s remand
                                                    the Issues and Decision Memorandum                      U.S. Department of Commerce, 14th                     results.10 On remand, the Department
                                                                                                            Street and Constitution Avenue NW.,                   did not recalculate the all-others rate,
                                                    Summary                                                 Washington, DC 20230; telephone: 202–
                                                      A. Background                                                                                               but rather, provided data indicating that
                                                                                                            482–4793.                                             the rate calculated for the mandatory
                                                      B. Scope of the Order
                                                      C. Partial Rescission of the Administrative           SUPPLEMENTARY INFORMATION: In the                     respondents was logically connected to
                                                        Review                                              Final Determination, the Department                   the all-others companies because the
                                                      D. Use of Facts Otherwise Available and               assigned a total adverse facts available              mandatory respondents comprised a
                                                        Adverse Inferences                                  (AFA) rate of 374.14 percent to the three             significant portion of the PRC extruded
                                                      E. Subsidy Valuation Information                      non-cooperating mandatory respondents                 aluminum producers and exporters, and
                                                      F. Analysis of Programs                               and calculated company-specific net                   thus were representative of the PRC
                                                      G. Analysis of Comments
                                                                                                            subsidy rates for two participating                   extruded aluminum industry as a
                                                    Comment 1: Whether Dongyuan’s Stainless
                                                        Steel Supplier is an Authority                      voluntary respondents. The Department                 whole.11 The CIT held that ‘‘nothing in
                                                    Comment 2: The Department’s Refusal to                  averaged the rates calculated for the                 the statute requires that the mandatory
                                                        Meet With Counsel for Dongyuan                      mandatory respondents and applied that                respondents’ rates, even when based on
                                                    Comment 3: The Department’s Refusal to                  rate as the all-others rate, calculated               AFA, may only be used to develop rates
                                                        Permit the GOC to Submit Factual                    pursuant to section 705(c)(5)(A) of the               for uncooperative respondents.’’ 12
                                                        Information After the Preliminary                   Tariff Act of 1930 (the Act).4                        However, in MacLean-Fogg III, the CIT
                                                        Results                                                In MacLean-Fogg I, the CIT held that               also concluded that the Department
                                                    Comment 4: Whether the Stainless Steel Coil             the statute was ambiguous concerning                  failed to explain how the calculated all-
                                                        Industry in China is Distorted by
                                                                                                            whether the Department is required to                 others rate was remedial and not
                                                        Government Presence in the Market
                                                    Comment 5: Whether Working Capital Loans                base the all-others rate on rates                     punitive when it assumed use of all
                                                        are a Part of the Policy Lending Program            calculated for mandatory respondents                  subsidy programs identified in the
                                                      H. Recommendation                                     and therefore the Department was                      investigation.13 Therefore, the CIT
                                                    [FR Doc. 2015–28664 Filed 11–9–15; 8:45 am]
                                                                                                            permitted to use the mandatory                        remanded again to the Department for
                                                                                                            respondents’ rates in calculating the all-            re-consideration of the issue.14
                                                    BILLING CODE 3510–DS–P
                                                                                                            others rate provided it did so in a                      In the second results of
                                                                                                            reasonable manner.5 Nonetheless, the                  redetermination pursuant to remand
                                                    DEPARTMENT OF COMMERCE                                  CIT remanded the all-others rate to the               issued in this litigation, the Department
                                                                                                            Department for reconsideration because                designated the all-others rate as equal to
                                                    International Trade Administration                      the Department failed to articulate a                 the preliminary rate it calculated for the
                                                                                                            connection between the mandatory                      mandatory respondents, i.e., 137.65
                                                    [C–570–968]                                                                                                   percent.15 In MacLean-Fogg IV, the CIT
                                                                                                            respondent rates, based on AFA, and the
                                                    Aluminum Extrusions From the                            all-others companies.6                                affirmed the Department’s remand
                                                    People’s Republic of China: Amended                        In MacLean-Fogg II, the CIT held that              results, holding that the Department’s
                                                                                                            the Department’s preliminary all-others               selection of this all-others rate was
                                                    Final Affirmative Countervailing Duty
                                                                                                            rate in the Preliminary Determination 7               reasonable.16
                                                    Determination Pursuant to Court
                                                                                                            was also subject to review under the                     The CIT’s holdings were appealed to
                                                    Decision                                                                                                      the CAFC. On June 3, 2014, the CAFC
                                                                                                            same reasonableness standard because it
                                                    AGENCY:  Enforcement and Compliance,                    had legal effect on the entries made                  held that section 351.204(d)(3) of the
                                                    International Trade Administration,                                                                           Department’s regulations, which directs
                                                    Department of Commerce.                                 Duty Determination and Notice of Amended Final        the Department to exclude voluntary
                                                    SUMMARY: On October 23, 2015, the                       Affirmative Countervailing Duty Determination, 77     respondents’ rates from its calculation
                                                    United States Court of International                    FR 74466 (December 14, 2012) (collectively, Final     of the all-others rate, was inconsistent
                                                                                                            Determination).
                                                    Trade (CIT) sustained the Department of                   2 See MacLean-Fogg Co. v. United States, Consol.
                                                    Commerce’s (the Department’s) results                   Court No. 11–00209, Slip Op. 15–85 (CIT August
                                                                                                                                                                     8 See MacLean-Fogg Co. v. United States, 853 F.

                                                    of redetermination pursuant to court                    2015) (MacLean-Fogg Remand Order).                    Supp. 2d 1253, 1256 (CIT 2012) (MacLean-Fogg II).
                                                                                                                                                                     9 Id.
                                                    remand, which recalculated the all-                       3 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                                                                                     10 See MacLean-Fogg Co. v. United States, 853 F.
                                                    others subsidy rate in the countervailing               United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                            (Diamond Sawblades).                                  Supp. 2d 1336, 1338 (2012) (MacLean-Fogg III).
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    duty (CVD) investigation of aluminum                      4 See Final Determination, 76 FR at 18523, and         11 Id.

                                                    extrusions from the People’s Republic of                accompanying Issues and Decision at Comment 9.           12 Id., at 1341.

                                                    China (the PRC),1 pursuant to the CIT’s                   5 See MacLean-Fogg Co. v. United States, 836 F.        13 Id., at 1342–1343.

                                                                                                            Supp. 2d 1367, 1373–1374 (CIT 2012) (MacLean-            14 Id., at 1343.

                                                      1 See Aluminum Extrusions from the People's           Fogg I).                                                 15 See Final Results of Redetermination Pursuant
                                                                                                              6 Id., at 1376.                                     to Court Remand, dated September 13, 2012,
                                                    Republic of China: Final Affirmative Countervailing
                                                    Duty Determination, 76 FR 18521 (April 4, 2011)           7 See Aluminum Extrusions from the People's         available at http://enforcement.trade.gov/remands.
                                                    and Aluminum Extrusions from the People's               Republic of China: Preliminary Affirmative               16 See MacLean Fogg Co., et al. v. United States,

                                                    Republic of China: Notice of Court Decision Not in      Countervailing Duty Determination, 75 FR 54302        885 F. Supp. 2d 1337 (CIT 2012) (MacLean Fogg IV)
                                                    Harmony With Final Affirmative Countervailing           (September 7, 2010) (Preliminary Determination).      at 11–12.



                                               VerDate Sep<11>2014   19:41 Nov 09, 2015   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\10NON1.SGM   10NON1


                                                                               Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices                                                  69641

                                                    with the statute.17 Accordingly, the                    understanding of the substance of the                  Act and consistent with the clarification
                                                    CAFC held that the Department must                      information.’ ’’ 25 The CIT thus directed              in Diamond Sawblades.
                                                    include rates calculated for voluntary                  the Department on remand to either                       Dated: November 4, 2015.
                                                    respondents in determining an all-                      request the publicly ranged data from                  Paul Piquado,
                                                    others rate.18 As the Department had not                the voluntary respondents, or publicly
                                                                                                                                                                   Assistant Secretary for Enforcement and
                                                    used the rates calculated for the                       range the companies’ information itself,               Compliance.
                                                    voluntary respondents in the underlying                 and reconsider its determination to use
                                                                                                                                                                   [FR Doc. 2015–28668 Filed 11–9–15; 8:45 am]
                                                    investigation to determine the all-others               a simple average of their subsidy rates.26
                                                                                                                                                                   BILLING CODE 3510–DS–P
                                                    rate, the CAFC therefore held that the                     The Department requested and
                                                    Department was required to recalculate                  received from the voluntary respondents
                                                    the all-others rate using the voluntary                 (i.e., Guang Ya Companies and Zhongya                  DEPARTMENT OF COMMERCE
                                                    respondents’ rates. The CIT                             Companies) their publicly ranged sales
                                                    subsequently remanded the issue to the                  value and volume data for exports of                   International Trade Administration
                                                    Department for reconsideration in light                 subject merchandise to the United
                                                    of the CAFC’s holding.19                                States during the 2009 investigation                   [A–201–830]
                                                       On remand, the Department                            period. Using that data, the Department
                                                    recalculated the all-others rate using a                                                                       Carbon and Certain Alloy Steel Wire
                                                                                                            calculated a weighted-average all-others
                                                    simple average of the voluntary                                                                                Rod From Mexico: Preliminary Results
                                                                                                            subsidy rate of 7.37 percent.27 In
                                                    respondents’ rates.20 Section                                                                                  of Antidumping Duty Administrative
                                                                                                            accordance with the MacLean-Fogg
                                                    705(c)(5)(A)(i) of the Act provides that,                                                                      Review; 2013–2014
                                                                                                            Remand Order, the Department
                                                    in general, the all-others rate ‘‘shall be              reconsidered its decision to rely on the               AGENCY:  Enforcement and Compliance,
                                                    an amount equal to the weighted                         simple average of the voluntary                        International Trade Administration,
                                                    average countervailable subsidy rates                   respondents’ rates in determining the                  U.S. Department of Commerce.
                                                    established for exporters and producers                 all-others rate.28 Specifically, because
                                                    individually investigated . . . .’’                                                                            SUMMARY: The Department of Commerce
                                                                                                            the subsidy rate determined based on                   (the Department) is conducting an
                                                    However, the Department explained in                    the publicly ranged data, rather than the
                                                    the Third Remand Results that the use                                                                          administrative review of the
                                                                                                            subsidy rate determined based on a                     antidumping duty order on carbon and
                                                    of a weighted average would have                        simple average, is closer to the subsidy
                                                    revealed the proprietary information of                                                                        certain alloy steel wire rod (wire rod)
                                                                                                            rate that would have resulted from                     from Mexico. The period of review
                                                    the voluntary respondents to each                       weighting the voluntary respondents’
                                                    other.21                                                                                                       (POR) is October 1, 2013 through
                                                                                                            rates based on proprietary sales values,               September 30, 2014.1 This review
                                                       Petitioners 22 argued that the
                                                                                                            the Department revised the all-others                  covers two producers/exporters of
                                                    Department should have requested
                                                                                                            rate to 7.37 percent in its Final Remand               subject merchandise: ArcelorMittal Las
                                                    publicly ranged versions of proprietary
                                                                                                            Results.29                                             Truchas, S.A. de C.V. (AMLT) and
                                                    data on the record from the voluntary
                                                                                                               On October 23, 2015, in MacLean                     Deacero S.A. de C.V. We preliminarily
                                                    respondents to use in its calculation of
                                                                                                            Fogg Remand Order, the CIT affirmed                    determine that AMLT and Deacero
                                                    the all-others rate, but in the Third
                                                                                                            the Department’s Final Remand Results,                 made sales of subject merchandise at
                                                    Remand Results, the Department
                                                    instead calculated the all-others rate                  upholding that the Department’s all-                   less than normal value (NV) during the
                                                    using a simple average of the rates of the              others rate of 7.37 percent.30                         POR. Interested parties are invited to
                                                    two voluntary respondents, which                        Amended Final Determination                            comment on these preliminary results.
                                                    resulted in a rate of 7.42 percent.23                                                                          DATES: Effective date: November 10,
                                                       After considering the Third Remand                      Because there is now a final court
                                                                                                            decision with respect to the Final                     2015.
                                                    Results, the CIT remanded to the
                                                    Department the all-others rate                          Determination, the Department amends                   FOR FURTHER INFORMATION CONTACT:
                                                    calculation, explaining that the ‘‘statute              its Final Determination. The following                 James Terpstra (for Deacero) or Jolanta
                                                    unequivocally and without exception                     revised net subsidy rate exists:                       Lawska (for AMLT), AD/CVD
                                                    requires that the Department base the                                                                          Operations, Office III, Enforcement and
                                                                                                                  Company                    Subsidy rate          Compliance, International Trade
                                                    all-others rate on the weighted average
                                                    of individually-investigated non-zero,                                                                         Administration, U.S. Department of
                                                                                                            All-Others .............   7.37 percent ad valorem.    Commerce, 14th Street and Constitution
                                                    non-de minimis, non-AFA rates.’’ 24
                                                    Furthermore, the CIT emphasized that                                                                           Avenue NW., Washington, DC 20230;
                                                                                                               For companies subject to the all-                   telephone: 202–482–3965 and 202–482–
                                                    19 CFR 351.304(c)(1) requires all                       others rate, the cash deposit rate will be
                                                    proprietary information ‘‘to be                                                                                8362, respectively.
                                                                                                            the rate listed above and the Department
                                                    accompanied by public versions ‘in                      will instruct U.S. Customs and Border                  SUPPLEMENTARY INFORMATION
                                                    sufficient detail to permit a reasonable                Protection accordingly. This notice is                 Scope of the Order
                                                                                                            issued and published in accordance
                                                      17 See  MacLean-Fogg Co. v. United States (CAFC),                                                               The merchandise covered by the Wire
                                                                                                            with sections 705(d) and 777(i)(1) of the
                                                    753 F.3d 1237 (Fed. Cir. 2014).                                                                                Rod Order is carbon and certain alloy
                                                      18 Id., at 1245.
                                                                                                                                                                   steel wire rod. The product is currently
                                                      19 See MacLean-Fogg Co. v. United States, 32 F.         25 Id.,at 30.
                                                                                                                                                                   classified under the Harmonized Tariff
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Supp. 3d 1358 (CIT 2014) (MacLean-Fogg V).                26 Id.,at 31.
                                                      20 See Final Results of Redetermination Pursuant        27 See Final Results of Redetermination Pursuant
                                                                                                                                                                   Schedule of the United States (HTSUS)
                                                    to Court Remand, dated March 17, 2015 (Third            to Court Remand, dated October 15, 2015 (Final         item numbers 7213.91.3000,
                                                    Remand Results) at 6, available at http://              Remand Results), available at http://                  7213.91.3010, 7213.91.3011,
                                                    enforcement.trade.gov/remands.                          enforcement.trade.gov/remands.
                                                      21 Id.                                                  28 Id.                                                 1 See Notice of Antidumping Duty Orders: Carbon
                                                      22 Petitioners are the Aluminum Extrusions Fair         29 Id.
                                                                                                                                                                   and Certain Alloy Steel Wire Rod from Brazil,
                                                    Trade Committee.                                          30 See MacLean Fogg Co., et al. v. United States,    Indonesia, Mexico, Moldova, Trinidad and Tobago,
                                                      23 See Third Remand Result.
                                                                                                            Slip Op. 15–119, Court No. 11–00209 (October 23,       and Ukraine 67 FR 65945 (October 29, 2002) (Wire
                                                      24 See MacLean-Fogg Remand Order, at 21.              2015).                                                 Rod Order).



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Document Created: 2018-03-01 11:24:41
Document Modified: 2018-03-01 11:24:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date: November 2, 2015.
ContactKristen Johnson, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4793.
FR Citation80 FR 69640 

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