80_FR_69858 80 FR 69641 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

80 FR 69641 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range69641-69643
FR Document2015-28623

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbon and certain alloy steel wire rod (wire rod) from Mexico. The period of review (POR) is October 1, 2013 through September 30, 2014.\1\ This review covers two producers/exporters of subject merchandise: ArcelorMittal Las Truchas, S.A. de C.V. (AMLT) and Deacero S.A. de C.V. We preliminarily determine that AMLT and Deacero made sales of subject merchandise at less than normal value (NV) during the POR. Interested parties are invited to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69641-69643]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28623]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on carbon and 
certain alloy steel wire rod (wire rod) from Mexico. The period of 
review (POR) is October 1, 2013 through September 30, 2014.\1\ This 
review covers two producers/exporters of subject merchandise: 
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT) and Deacero S.A. de C.V. 
We preliminarily determine that AMLT and Deacero made sales of subject 
merchandise at less than normal value (NV) during the POR. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ 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) 
(Wire Rod Order).

---------------------------------------------------------------------------
DATES: Effective date: November 10, 2015.

FOR FURTHER INFORMATION CONTACT: James Terpstra (for Deacero) or 
Jolanta Lawska (for AMLT), 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: 202-482-3965 and 202-482-8362, respectively.

SUPPLEMENTARY INFORMATION

Scope of the Order

    The merchandise covered by the Wire Rod Order is carbon and certain 
alloy steel wire rod. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7213.91.3000, 7213.91.3010, 7213.91.3011,

[[Page 69642]]

7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092, 
7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 7213.91.6000, 
7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 7213.99.0038, 
7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 7227.20.0030, 
7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 7227.90.6020, 
7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 7227.90.6053, 
7227.90.6058, 7227.90.6059, 7227.90.6080, and 7227.90.6085 of the 
HTSUS. Although the HTS numbers are provided for convenience and 
customs purposes, the written product description remains 
dispositive.\2\
---------------------------------------------------------------------------

    \2\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of 2013/14 Antidumping Duty 
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from 
Mexico'' (Preliminary Decision Memorandum), dated concurrently with 
these preliminary results.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export prices or export price are calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act.
    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum, which is 
hereby adopted by this notice. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
it is available to all parties in the Central Records Unit (CRU), Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Deacero S.A. de C.V.....................................           72.95
ArcelorMittal Las Truchas, S.A. de C.V..................           12.38
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For any 
individually examined respondents whose weighted-average dumping margin 
is above de minimis, we will calculate importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1).\3\ We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate 
calculated in the final results of this review is above de minimis 
(i.e., 0.50 percent). Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
---------------------------------------------------------------------------

    \3\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for Deacero and AMLT will be 
equal to the weighted-average dumping margins established in the final 
results of this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this administrative review 
but covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established in the completed segment for the most recent 
period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 20.11 percent, the all-others rate established in the 
investigation.\4\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Carbon and Certain Alloy Steel Wire Rod From Mexico, 67 FR 
55800 (August 30, 2002).
---------------------------------------------------------------------------

    Concerning Deacero, on October 1, 2012, the Department found that 
wire rod with an actual diameter of 4.75 mm to 5.00 mm produced 
(hereinafter referred to as narrow gauge wire rod) in Mexico and 
exported to the United States by Deacero was circumventing the Wire Rod 
Order.\5\ Specifically, the Department found that it is appropriate to 
consider that Deacero's shipments to the United States of narrow gauge 
wire rod constitute merchandise altered in form or appearance in such 
minor respects that it should be included within the scope of Wire Rod 
Order.\6\

[[Page 69643]]

The Department's affirmative finding in the Final Circumvention 
Determination applied solely to Deacero.
---------------------------------------------------------------------------

    \5\ See Carbon and Certain Alloy Steel Wire Rod From Mexico: 
Affirmative Final Determination of Circumvention of the Antidumping 
Order, 77 FR 59892 (October 1, 2012) (Final Circumvention 
Determination) and accompanying Issues and Decision Memorandum.
    \6\ Id.
---------------------------------------------------------------------------

    Deacero challenged the Department's ruling in the Final 
Circumvention Determination and on December 22, 2014, the Court of 
International Trade (CIT) entered its final judgement in Deacero 
III,\7\ sustaining the Department's negative circumvention 
determination from the First Remand Redetermination in which the 
Department, under protest, found that Deacero's shipments of narrow 
gauge wire rod to the United States were not subject antidumping 
duties.\8\ The Department is appealing the CIT's decision at the 
Federal Circuit. Consistent with the CIT's holding and Wire Rod Timken 
Notice,\9\ the Department instructed CBP to set the cash deposit rate 
for narrow gauge wire rod shipped to the United States by Deacero to 
zero, pending a final and conclusive court decision. Additionally, we 
instructed CBP to refund any antidumping duties deposited for narrow 
gauge wire rod shipped to the United States by Deacero that entered 
from January 1, 2015, through the publication date of the Wire Rod 
Timken Notice (July 27, 2015) and, for such entries, to continue to 
suspend Deacero's narrow gauge wire rod at a zero cash deposit 
rate.\10\
---------------------------------------------------------------------------

    \7\ See 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).
    \8\ 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 Redetermination).
    \9\ See 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, 80 FR 44326, 44327 (July 27, 
2015) (Wire Rod Timken Notice).
    \10\ Id.
---------------------------------------------------------------------------

    During the POR of the instant review, Deacero shipped narrow gauge 
wire rod as well as wire rod with actual diameters greater than 5.00 
mm. In light of the CIT's holding in Deacero III and our statement in 
Wire Rod Timken Notice that Deacero's narrow gauge wire rod is excluded 
from antidumping duties,\11\ we have, for purposes of these preliminary 
results, removed narrow gauge wire rod from Deacero's dumping 
calculations. Per the Court's holding in Deacero III, the preliminary 
cash deposit rate for Deacero, as listed above, only applies with 
regard its entries of wire with an actual diameter that is greater than 
5.00 and less than or equal to 19.00 mm. The cash deposit rate listed 
above for Deacero does not apply to its entries of narrow gauge wire 
rod.
---------------------------------------------------------------------------

    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties to this 
proceeding the calculations performed in connection with these 
preliminary results within five days after the date of publication of 
this notice.\12\ Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\13\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with the 
argument: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.\14\ All case and rebuttal 
briefs must be filed electronically using ACCESS, and must also be 
served on interested parties.\15\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice. Executive summaries should be 
limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\16\ Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended, the Department intends to issue 
the final results of this administrative review, including the results 
of our analysis of the issues raised by the parties in their case and 
rebuttal briefs, within 120 days after the publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h).

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
    A. Universe of Sales
    B. Date of Sale
    C. Comparisons to Normal Value
    D. Product Comparisons
    E. Determination of Comparison Method
    F. Results of DP Analysis
    G. U.S. Price
    H. Normal Value
    I. Cost of Production Analysis
    J. Affiliated Respondents
    K. Currency Conversion
    V. Recommendation

[FR Doc. 2015-28623 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               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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                                                    69642                      Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

                                                    7213.91.3015, 7213.91.3020,                             Preliminary Results of the Review                        Countervailing Duty Proceedings:
                                                    7213.91.3090, 7213.91.3091,                               As a result of this review, we                         Assessment of Antidumping Duties, 68
                                                    7213.91.3092, 7213.91.3093,                             preliminarily determine that the                         FR 23954 (May 6, 2003).
                                                    7213.91.4500, 7213.91.4510,                                                                                         We intend to issue instructions to
                                                                                                            weighted-average dumping margins for
                                                    7213.91.4590, 7213.91.6000,                                                                                      CBP 15 days after publication of the
                                                                                                            the POR are as follows:
                                                    7213.91.6010, 7213.91.6090,                                                                                      final results of this review.
                                                    7213.99.0030, 7213.99.0031,                                                                        Weighted-     Cash Deposit Requirements
                                                    7213.99.0038, 7213.99.0090,                                                                         average
                                                    7227.20.0000, 7227.20.0010,                                    Producer/exporter                   dumping          The following cash deposit
                                                    7227.20.0020, 7227.20.0030,                                                                         margin       requirements will be effective upon
                                                                                                                                                       (percent)     publication of the notice of final results
                                                    7227.20.0080, 7227.20.0090,
                                                    7227.20.0095, 7227.90.6010,                                                                                      of administrative review for all
                                                                                                            Deacero S.A. de C.V ............                 72.95
                                                    7227.90.6020, 7227.90.6030,                                                                                      shipments of subject merchandise
                                                                                                            ArcelorMittal Las Truchas,
                                                    7227.90.6035, 7227.90.6050,                               S.A. de C.V .......................            12.38   entered, or withdrawn from warehouse,
                                                    7227.90.6051, 7227.90.6053,                                                                                      for consumption on or after the
                                                    7227.90.6058, 7227.90.6059,                             Assessment Rate                                          publication of the final results of this
                                                    7227.90.6080, and 7227.90.6085 of the                                                                            administrative review, as provided by
                                                    HTSUS. Although the HTS numbers are                        Upon issuance of the final results, the               section 751(a)(2) of the Act: (1) The cash
                                                    provided for convenience and customs                    Department shall determine, and U.S.                     deposit rate for Deacero and AMLT will
                                                    purposes, the written product                           Customs and Border Protection (CBP)                      be equal to the weighted-average
                                                    description remains dispositive.2                       shall assess, antidumping duties on all                  dumping margins established in the
                                                                                                            appropriate entries covered by this                      final results of this administrative
                                                    Methodology                                             review. For any individually examined                    review; (2) for merchandise exported by
                                                       The Department is conducting this                    respondents whose weighted-average                       manufacturers or exporters not covered
                                                    review in accordance with section                       dumping margin is above de minimis,                      in this administrative review but
                                                    751(a)(2) of the Tariff Act of 1930, as                 we will calculate importer-specific ad                   covered in a prior completed segment of
                                                    amended (the Act). Constructed export                   valorem duty assessment rates based on                   the proceeding, the cash deposit rate
                                                    prices or export price are calculated in                the ratio of the total amount of dumping                 will continue to be the company-
                                                    accordance with section 772 of the Act.                 calculated for the importer’s examined                   specific rate published in the completed
                                                    Normal value is calculated in                           sales to the total entered value of those                segment for the most recent period; (3)
                                                    accordance with section 773 of the Act.                 same sales in accordance with 19 CFR                     if the exporter is not a firm covered in
                                                       For a full description of the                        351.212(b)(1).3 We will instruct CBP to                  this review, a prior review, or the
                                                    methodology underlying our                              assess antidumping duties on all                         original investigation, but the
                                                    conclusions, please see the Preliminary                 appropriate entries covered by this                      manufacturer is, the cash deposit rate
                                                    Decision Memorandum, which is hereby                    review when the importer-specific                        will be the rate established in the
                                                    adopted by this notice. A list of the                   assessment rate calculated in the final                  completed segment for the most recent
                                                    topics discussed in the Preliminary                     results of this review is above de                       period for the manufacturer of the
                                                    Decision Memorandum is attached as an                   minimis (i.e., 0.50 percent). Where                      merchandise; and (4) the cash deposit
                                                    appendix to this notice. The Preliminary                either the respondent’s weighted-                        rate for all other manufacturers or
                                                    Decision Memorandum is a public                         average dumping margin is zero or de                     exporters will continue to be 20.11
                                                    document and is on file electronically                  minimis, or an importer-specific                         percent, the all-others rate established
                                                    via Enforcement and Compliance’s                        assessment rate is zero or de minimis,                   in the investigation.4 These cash deposit
                                                    Antidumping and Countervailing Duty                     we will instruct CBP to liquidate the                    requirements, when imposed, shall
                                                    Centralized Electronic Service System                   appropriate entries without regard to                    remain in effect until further notice.
                                                    (ACCESS). ACCESS is available to                        antidumping duties. The final results of                    Concerning Deacero, on October 1,
                                                    registered users at http://                             this review shall be the basis for the                   2012, the Department found that wire
                                                    access.trade.gov, and it is available to                assessment of antidumping duties on                      rod with an actual diameter of 4.75 mm
                                                    all parties in the Central Records Unit                 entries of merchandise covered by the                    to 5.00 mm produced (hereinafter
                                                    (CRU), Room B8024 of the main                           final results of this review where                       referred to as narrow gauge wire rod) in
                                                    Department of Commerce building. In                     applicable.                                              Mexico and exported to the United
                                                    addition, a complete version of the                        In accordance with the Department’s                   States by Deacero was circumventing
                                                    Preliminary Decision Memorandum can                     ‘‘automatic assessment’’ practice, for                   the Wire Rod Order.5 Specifically, the
                                                    be accessed directly on the Internet at                 entries of subject merchandise during                    Department found that it is appropriate
                                                    http://enforcement.trade.gov/frn/                       the POR produced by each respondent                      to consider that Deacero’s shipments to
                                                    index.html. The signed Preliminary                      for which they did not know that their                   the United States of narrow gauge wire
                                                    Decision Memorandum and the                             merchandise was destined for the                         rod constitute merchandise altered in
                                                    electronic versions of the Preliminary                  United States, we will instruct CBP to                   form or appearance in such minor
                                                    Decision Memorandum are identical in                    liquidate unreviewed entries at the all-                 respects that it should be included
                                                    content.                                                others rate if there is no rate for the                  within the scope of Wire Rod Order.6
                                                                                                            intermediate company(ies) involved in
                                                                                                                                                                       4 See Notice of Final Determination of Sales at
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      2 For a complete description of the scope of the
                                                                                                            the transaction. For a full discussion of                Less Than Fair Value: Carbon and Certain Alloy
                                                    order, see Memorandum from Christian Marsh,
                                                    Deputy Assistant Secretary for Antidumping and
                                                                                                            this clarification, see Antidumping and                  Steel Wire Rod From Mexico, 67 FR 55800 (August
                                                    Countervailing Duty Operations, to Paul Piquado,                                                                 30, 2002).
                                                                                                                                                                       5 See Carbon and Certain Alloy Steel Wire Rod
                                                    Assistant Secretary for Enforcement and                   3 In these preliminary results, the Department

                                                    Compliance, ‘‘Decision Memorandum for                   applied the assessment rate calculation method           From Mexico: Affirmative Final Determination of
                                                    Preliminary Results of 2013/14 Antidumping Duty         adopted in Antidumping Proceedings: Calculation          Circumvention of the Antidumping Order, 77 FR
                                                    Administrative Review: Carbon and Certain Alloy         of the Weighted-Average Dumping Margin and               59892 (October 1, 2012) (Final Circumvention
                                                    Steel Wire Rod from Mexico’’ (Preliminary Decision      Assessment Rate in Certain Antidumping                   Determination) and accompanying Issues and
                                                    Memorandum), dated concurrently with these              Proceedings: Final Modification, 77 FR 8101              Decision Memorandum.
                                                    preliminary results.                                    (February 14, 2012).                                       6 Id.




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                                                                               Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices                                                 69643

                                                    The Department’s affirmative finding in                 greater than 5.00 and less than or equal              results of this administrative review,
                                                    the Final Circumvention Determination                   to 19.00 mm. The cash deposit rate                    including the results of our analysis of
                                                    applied solely to Deacero.                              listed above for Deacero does not apply               the issues raised by the parties in their
                                                       Deacero challenged the Department’s                  to its entries of narrow gauge wire rod.              case and rebuttal briefs, within 120 days
                                                    ruling in the Final Circumvention                                                                             after the publication of these
                                                    Determination and on December 22,                       Disclosure and Public Comment
                                                                                                                                                                  preliminary results, pursuant to section
                                                    2014, the Court of International Trade                     The Department intends to disclose to              751(a)(3)(A) of the Act and 19 CFR
                                                    (CIT) entered its final judgement in                    interested parties to this proceeding the             351.213(h).
                                                    Deacero III,7 sustaining the                            calculations performed in connection
                                                    Department’s negative circumvention                     with these preliminary results within                 Notification to Importers
                                                    determination from the First Remand                     five days after the date of publication of              This notice also serves as a
                                                    Redetermination in which the                            this notice.12 Pursuant to 19 CFR                     preliminary reminder to importers of
                                                    Department, under protest, found that                   351.309(c)(1)(ii), interested parties may             their responsibility under 19 CFR
                                                    Deacero’s shipments of narrow gauge                     submit case briefs not later than 30 days             351.402(f)(2) to file a certificate
                                                    wire rod to the United States were not                  after the date of publication of this                 regarding the reimbursement of
                                                    subject antidumping duties.8 The                        notice. Rebuttal briefs, limited to issues            antidumping duties prior to liquidation
                                                    Department is appealing the CIT’s                       raised in the case briefs, may be filed               of the relevant entries during this
                                                    decision at the Federal Circuit.                        not later than five days after the date for           review period. Failure to comply with
                                                    Consistent with the CIT’s holding and                   filing case briefs.13 Parties who submit              this requirement could result in the
                                                    Wire Rod Timken Notice,9 the                            case briefs or rebuttal briefs in this                Secretary’s presumption that
                                                    Department instructed CBP to set the                    proceeding are requested to submit with               reimbursement of antidumping duties
                                                    cash deposit rate for narrow gauge wire                 the argument: (1) A statement of the                  occurred and the subsequent assessment
                                                    rod shipped to the United States by                     issue, (2) a brief summary of the                     of double antidumping duties.
                                                    Deacero to zero, pending a final and                    argument, and (3) a table of                            These preliminary results of review
                                                    conclusive court decision. Additionally,                authorities.14 All case and rebuttal briefs           are issued and published in accordance
                                                    we instructed CBP to refund any                         must be filed electronically using                    with sections 751(a)(1) and 777(i)(1) of
                                                    antidumping duties deposited for                        ACCESS, and must also be served on                    the Act.
                                                    narrow gauge wire rod shipped to the                    interested parties.15 An electronically                 Dated: October 30, 2015.
                                                    United States by Deacero that entered                   filed document must be received                       Paul Piquado,
                                                    from January 1, 2015, through the                       successfully in its entirety by the                   Assistant Secretary for Enforcement and
                                                    publication date of the Wire Rod                        Department’s electronic records system,               Compliance.
                                                    Timken Notice (July 27, 2015) and, for                  ACCESS, by 5:00 p.m. Eastern Time
                                                    such entries, to continue to suspend                    within 30 days after the date of                      Appendix—List of Topics Discussed in
                                                    Deacero’s narrow gauge wire rod at a                    publication of this notice. Executive                 the Preliminary Decision Memorandum
                                                    zero cash deposit rate.10                               summaries should be limited to five                   I. Summary
                                                       During the POR of the instant review,                pages total, including footnotes.                     II. Background
                                                    Deacero shipped narrow gauge wire rod                      Pursuant to 19 CFR 351.310(c),                     III. Scope of the Order
                                                    as well as wire rod with actual                         interested parties who wish to request a              IV. Discussion of Methodology
                                                    diameters greater than 5.00 mm. In light                hearing must submit a written request to                 A. Universe of Sales
                                                    of the CIT’s holding in Deacero III and                 the Assistant Secretary for Enforcement                  B. Date of Sale
                                                    our statement in Wire Rod Timken                                                                                 C. Comparisons to Normal Value
                                                                                                            and Compliance, U.S. Department of
                                                                                                                                                                     D. Product Comparisons
                                                    Notice that Deacero’s narrow gauge wire                 Commerce. All documents must be filed                    E. Determination of Comparison Method
                                                    rod is excluded from antidumping                        electronically using ACCESS. An                          F. Results of DP Analysis
                                                    duties,11 we have, for purposes of these                electronically-filed request must be                     G. U.S. Price
                                                    preliminary results, removed narrow                     received successfully in its entirety by                 H. Normal Value
                                                    gauge wire rod from Deacero’s dumping                   ACCESS by 5:00 p.m. Eastern Time,                        I. Cost of Production Analysis
                                                    calculations. Per the Court’s holding in                within 30 days after the date of                         J. Affiliated Respondents
                                                    Deacero III, the preliminary cash                       publication of this notice.16 Requests                   K. Currency Conversion
                                                    deposit rate for Deacero, as listed above,              should contain the party’s name,                         V. Recommendation
                                                    only applies with regard its entries of                 address, and telephone number, the                    [FR Doc. 2015–28623 Filed 11–9–15; 8:45 am]
                                                    wire with an actual diameter that is                    number of participants, and a list of the             BILLING CODE 3510–DS–P
                                                                                                            issues to be discussed. If a request for
                                                       7 See Deacero S.A.P.I. de C.V. and Deacero Usa,
                                                                                                            a hearing is made, the Department
                                                    Inc. v. United States and Arcelormittal USA LLC,        intends to hold the hearing at the U.S.               DEPARTMENT OF COMMERCE
                                                    Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain
                                                    Steel, and Nucor Corporation, Court No. 12–00345,       Department of Commerce, 14th Street
                                                                                                            and Constitution Avenue NW.,                          International Trade Administration
                                                    Slip Op. 14–151 (Deacero III).
                                                       8 See Final Results of Redetermination Pursuant      Washington, DC 20230, at a time and                   [A–570–024]
                                                    to Deacero S.A. de C.V. and Deacero USA Inc. v.         date to be determined. Parties should
                                                    United States and Arcelormittal USA LLC, Gerdau                                                               Certain Polyethylene Terephthalate
                                                    Ameristeel U.S. Inc., Evraz Rocky Mountain Steel,
                                                                                                            confirm by telephone the date, time, and
                                                    and Nucor Corporation, Court No. 12–00345; Slip         location of the hearing two days before               Resin From the People’s Republic of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Op. 13–126 (CIT 2013) (January 29, 2014) (First         the scheduled date.                                   China: Notice of Correction to
                                                    Remand Redetermination).                                   Unless the deadline is extended, the               Preliminary Affirmative Less Than Fair
                                                       9 See Carbon and Certain Alloy Steel Wire Rod
                                                                                                            Department intends to issue the final                 Value Determination
                                                    From Mexico: Notice of Court Decision Not in
                                                    Harmony With Final Results and Notice of
                                                                                                              12 See
                                                                                                                                                                  AGENCY:  Enforcement and Compliance,
                                                    Amended Final Determination, 80 FR 44326, 44327                  19 CFR 351.224(b).
                                                                                                              13 See 19 CFR 351.309(d).
                                                                                                                                                                  International Trade Administration,
                                                    (July 27, 2015) (Wire Rod Timken Notice).
                                                       10 Id.                                                 14 See 19 CFR 351.309(c)(2) and (d)(2).             Department of Commerce.
                                                       11 See Diamond Sawblades Mfrs. Coalition v.            15 See 19 CFR 351.303(f).                           FOR FURTHER INFORMATION CONTACT:
                                                    United States, 626 F.3d 1374 (Fed. Cir. 2010).            16 See 19 CFR 351.310(c).                           Steve Bezirganian, Office VI, AD/CVD


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Document Created: 2018-03-01 11:26:13
Document Modified: 2018-03-01 11:26:13
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 10, 2015.
ContactJames Terpstra (for Deacero) or Jolanta Lawska (for AMLT), 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: 202-482-3965 and 202-482-8362, respectively.
FR Citation80 FR 69641 

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