81 FR 12466 - Prestressed Concrete Steel Rail Tie Wire From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 46 (March 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 46 (March 9, 2016)
| Page Range | 12466-12468 | |
| FR Document | 2016-05284 |
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)] [Notices] [Pages 12466-12468] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05284] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-843] Prestressed Concrete Steel Rail Tie Wire From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on prestressed concrete steel rail tie wire (PC tie wire) from Mexico. The period of review (POR) is December 12, 2013, through May 31, 2015. The review covers one producer/exporter of the subject merchandise, Aceros Camesa, S.A. de C.V. (Camesa). We preliminarily determine that sales of subject merchandise by Camesa have been made at prices below normal value (NV). We invite interested parties to comment on these preliminary results. DATES: Effective March 9, 2016. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Aqmar Rahman, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 and (202) 482-0768, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by this order is prestressed concrete steel rail tie wire. This product is classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading7217.10.8045, but may also be classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030, 7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031, 7229.90.5051, 7229.90.9000, and 7312.10.3012. Although the HTSUS subheadings are provided for convenience and customs purposes, the [[Page 12467]] written description of the scope of the order is dispositive.\1\ --------------------------------------------------------------------------- \1\ A full description of the scope of the order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Prestressed Concrete Steel Rail Tie Wire from Mexico; 2013-2015'' (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by 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 to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of the Review \2\ --------------------------------------------------------------------------- \2\ As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this administrative review is now March 7, 2016. --------------------------------------------------------------------------- As a result of this review, the Department preliminarily determines that a weighted-average dumping margin of 6.33 percent exists for Camesa for the period December 12, 2013, through May 31, 2015. Disclosure and Public Comment We intend to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.\3\ 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.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(c)(1)(ii). \4\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- 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 within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. 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. See 19 CFR 351.310(d). Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.\5\ --------------------------------------------------------------------------- \5\ See Section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). --------------------------------------------------------------------------- Assessment Rates Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\6\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- We calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. 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. Where either the respondent's weighted-average dumping margin is zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.\7\ --------------------------------------------------------------------------- \7\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012); see also 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- We intend to issue instructions to CBP 41 days after the date of publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Camesa will be the rate established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published 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 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 9.99 percent, the all-others rate established in the less-than-fair-value investigation.\8\ These requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Prestressed Concrete Steel Rail Tie Wire From Mexico and the People's Republic of China: Antidumping Duty Orders, 79 FR 35727 (June 24, 2014). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate [[Page 12468]] regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: March 2, 2016. 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 the Methodology A. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 2. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of Normal Value Based on Comparison Market Prices G. Currency Conversion V. Recommendation [FR Doc. 2016-05284 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
![12466 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
the Department’s electronic records Brazil entered, or withdrawn from C. Cost of Production
system, ACCESS, by 5 p.m. Eastern warehouse, for consumption on or after 1. Calculation of Cost of Production
Time within 30 days after the date of the date of publication as provided by 2. Test of Comparison Market Sales Prices
publication of this notice.4 Requests section 751(a)(2) of the Act: (1) The cash 3. Results of the COP Test
D. Calculation of Normal Value Based on
should contain: (1) The party’s name, deposit rate for Villares will be the rate Comparison Market Prices
address and telephone number; (2) the established in the final results of this V. Currency Conversion
number of participants; and (3) a list of administrative review; (2) for VI. Recommendation
issues to be discussed. Issues raised in merchandise exported by manufacturers
[FR Doc. 2016–05294 Filed 3–8–16; 8:45 am]
the hearing will be limited to those or exporters not covered in this review
BILLING CODE 3510–DS–P
raised in the respective case briefs. The but covered in a prior segment of the
Department intends to issue the final proceeding, the cash deposit rate will
results of this administrative review, continue to be the company-specific rate DEPARTMENT OF COMMERCE
including the results of its analysis of published for the most recent period; (3)
the issues raised in any written briefs, if the exporter is not a firm covered in International Trade Administration
not later than 120 days after the date of this review, a prior review, or the
publication of this notice, unless original investigation but the [A–201–843]
extended, pursuant to section manufacturer is, the cash deposit rate
Prestressed Concrete Steel Rail Tie
751(a)(3)(A) of the Act. will be the rate established for the most
Wire From Mexico: Preliminary Results
Assessment Rates recent period for the manufacturer of
of Antidumping Duty Administrative
the merchandise; (4) the cash deposit
Upon completion of the Review; 2013–2015
rate for all other manufacturers or
administrative review, the Department exporters will continue to be 19.43 AGENCY: Enforcement and Compliance,
shall determine and U.S. Customs and percent, the all-others rate established International Trade Administration,
Border Protection (CBP) shall assess in the Notice of Final Determination of Department of Commerce.
antidumping duties on all appropriate Sales at Less Than Fair Value: Stainless SUMMARY: The Department of Commerce
entries. If Villares’ weighted-average Steel Bar From Brazil, 59 FR 66914 (the Department) is conducting an
dumping margin is above de minimis in (December 28, 1994). These cash deposit administrative review of the
the final results of this review, we will requirements, when imposed, shall antidumping duty order on prestressed
calculate an importer-specific remain in effect until further notice. concrete steel rail tie wire (PC tie wire)
assessment rate on the basis of the ratio
Notification to Importers from Mexico. The period of review
of the total amount of antidumping
(POR) is December 12, 2013, through
duties calculated for each importer’s This notice serves as a preliminary May 31, 2015. The review covers one
examined sales and the total entered reminder to importers of their producer/exporter of the subject
value of the sales in accordance with 19 responsibility under 19 CFR merchandise, Aceros Camesa, S.A. de
CFR 351.212(b)(1). If Villares’ weighted- 351.402(f)(2) to file a certificate C.V. (Camesa). We preliminarily
average dumping margin continues to be regarding the reimbursement of determine that sales of subject
zero or de minimis in the final results antidumping duties prior to liquidation merchandise by Camesa have been
of review, we will instruct CBP not to of the relevant entries during this
assess duties on any of its entries in made at prices below normal value
review period. Failure to comply with (NV). We invite interested parties to
accordance with the Final Modification this requirement could result in the
for Reviews, i.e., {w}here the weighted- comment on these preliminary results.
Secretary’s presumption that
average margin of dumping for the DATES: Effective March 9, 2016.
reimbursement of antidumping duties
exporter is determined to be zero or de FOR FURTHER INFORMATION CONTACT:
occurred and the subsequent assessment
minimis, no antidumping duties will be of double antidumping duties. Rebecca Trainor or Aqmar Rahman, AD/
assessed.’’ 5 We are issuing and publishing these CVD Operations, Office II, Enforcement
For entries of subject merchandise results in accordance with sections and Compliance, International Trade
during the POR produced by Villares for 751(a)(1) and 777(i)(1) of the Act. Administration, U.S. Department of
which they did not know their Commerce, 14th Street and Constitution
Dated: March 2, 2016. Avenue NW., Washington, DC 20230;
merchandise was destined for the
United States, we will instruct CBP to Paul Piquado, telephone (202) 482–4007 and (202)
liquidate unreviewed entries at the all- Assistant Secretary for Enforcement and 482–0768, respectively.
Compliance.
others rate if there is no rate for the SUPPLEMENTARY INFORMATION:
intermediate company(ies) involved in Appendix
Scope of the Order
the transaction. We intend to issue
List of Topics Discussed in the Preliminary
instructions to CBP 15 days after The product covered by this order is
Decision Memorandum
publication of the final results of this prestressed concrete steel rail tie wire.
I. Summary This product is classified under the
review. II. Background
III. Scope of the Order
Harmonized Tariff Schedule of the
Cash Deposit Requirements United States (HTSUS)
IV. Discussion of the Methodology
The following deposit requirements (1) Comparisons to Normal Value subheading7217.10.8045, but may also
will be effective upon publication of the A. Determination of Comparison Method be classified under subheadings
notice of final results of administrative B. Results of Differential Pricing Analysis 7217.10.7000, 7217.10.8025,
Lhorne on DSK5TPTVN1PROD with NOTICES
review for all shipments of SSB from (2) Product Comparisons 7217.10.8030, 7217.10.8090,
(3) Date of Sale 7217.10.9000, 7229.90.1000,
4 See19 CFR 351.310(c). (4) Constructed Export Price 7229.90.5016, 7229.90.5031,
5 SeeAntidumping Proceedings: Calculation of (5) Export Price
(6) Normal Value 7229.90.5051, 7229.90.9000, and
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping A. Home Market Viability and Comparison 7312.10.3012. Although the HTSUS
Proceedings: Final Modification, 77 FR 8101, 8102 Market subheadings are provided for
(February 14, 2012). B. Level of Trade convenience and customs purposes, the
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![12468 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
regarding the reimbursement of determined that during the period of Tolling of Deadline of Preliminary
antidumping duties prior to liquidation review (POR), the Fangda Group 1 and Results of Review
of the relevant entries during this POR. Fushun Jinly Petrochemical Co., Ltd. As explained in the memorandum
Failure to comply with this requirement did not make sales of subject from the Acting Assistant Secretary for
could result in the Department’s merchandise at less than normal value Enforcement and Compliance, the
presumption that reimbursement of (NV). Interested parties are invited to Department has exercised its discretion
antidumping duties occurred and the comment on these preliminary results. to toll all administrative deadlines due
subsequent assessment of doubled to the recent closure of the Federal
antidumping duties. DATES: Effective March 9, 2016.
Government. All deadlines in this
We are issuing and publishing these FOR FURTHER INFORMATION CONTACT: segment of the proceeding have been
results in accordance with sections Dmitry Vladimirov or Michael A. extended by four business days.3
751(a)(1) and 777(i)(1) of the Act and 19 Romani, AD/CVD Operations, Office I,
CFR 351.221(b)(4). Rescission of the Administrative
Enforcement and Compliance, Review in Part
Dated: March 2, 2016. International Trade Administration,
Paul Piquado, U.S. Department of Commerce, 1401 Pursuant to 19 CFR 351.213(d)(1),
based on timely withdrawal of the
Assistant Secretary for Enforcement and Constitution Avenue NW., Washington
Compliance. requests for review, we are rescinding
DC 20230; telephone: (202) 482–0665 or
this administrative review with respect
Appendix—List of Topics Discussed in (202) 482–0198, respectively. to 189 companies named in the
the Preliminary Decision Memorandum Scope of the Order Initiation Notice.4 See Appendix II for a
I. Summary full list of these companies.
II. Background The merchandise covered by the order
includes all small diameter graphite Separate Rates
III. Scope of the Order
IV. Discussion of the Methodology electrodes with a nominal or actual The Department preliminarily
A. Fair Value Comparisons diameter of 400 millimeters (16 inches) determines that the Fangda Group,
1. Determination of Comparison Method or less and graphite pin joining systems Fushun Jinly Petrochemical Carbon Co.,
2. Results of the Differential Pricing Ltd. (Fushun Jinly), and Xuzhou
for small diameter graphite electrodes.
Analysis Jianglong Carbon Products Co., Ltd.
B. Product Comparisons Small diameter graphite electrodes and
graphite pin joining systems for small (Xuzhou Jianglong) are eligible to
C. Constructed Export Price
diameter graphite electrodes that are receive separate rates in this review.5
D. Normal Value
1. Home Market Viability and Selection of subject to the order are currently Separate Rate for an Eligible Non-
Comparison Market classified under the Harmonized Tariff Selected Company
2. Level of Trade (LOT) Schedule of the United States (HTSUS)
E. Cost of Production (COP) Analysis Consistent with our practice, because
1. Calculation of COP
subheadings 8545.11.0010, 3801.10, and we have calculated zero or de minimis
2. Test of Comparison Market Sales Prices 8545.11.0020. While the HTSUS weighted-average dumping margins for
3. Results of the COP Test subheadings are provided for both companies selected as mandatory
F. Calculation of Normal Value Based on convenience and customs purposes. The respondents, the Fangda Group and
Comparison Market Prices written description of the scope of the Fushun Jinly, we assigned to an eligible
G. Currency Conversion order is dispositive. A full description non-selected company, Xuzhou
V. Recommendation
of the scope of the order is contained in Jianlong, the rate that we calculated for
[FR Doc. 2016–05284 Filed 3–8–16; 8:45 am] the Preliminary Decision the Fangda Group in the 2012–2013
BILLING CODE 3510–DS–P Memorandum.2 review as the separate rate for the
preliminary results of this review.6
1 We refer to the Fangda Group as a single entity
DEPARTMENT OF COMMERCE PRC-Wide Entity
pursuant to 19 CFR 351.401(f)(1). See Small
Diameter Graphite Electrodes From the People’s The Department’s change in policy
International Trade Administration Republic of China: Preliminary Determination of regarding conditional review of the
Sales at Less Than Fair Value, Postponement of PRC-wide entity applies to this review.7
[A–570–929] Final Determination, and Affirmative Preliminary
Determination of Critical Circumstances, in Part, 73
Under this policy, the PRC-wide entity
Small Diameter Graphite Electrodes FR 49408, 49411–12 (August 21, 2008) (where we will not be under review unless a party
From the People’s Republic of China: collapsed the individual members of the Fangda specifically requests, or the Department
Preliminary Results of Antidumping Group: Beijing Fangda Carbon Tech Co., Ltd.,
Duty Administrative Review and Chengdu Rongguang Carbon Co., Ltd., Fangda 3 See Memorandum to the Record from Ron
Carbon New Material Co., Ltd., Fushun Carbon Co., Lorentzen, Acting A/S for Enforcement &
Rescission of Review in Part; 2014– Ltd., and Hefei Carbon Co., Ltd.), unchanged in Compliance, regarding ‘‘Tolling of Administrative
2015 Final Determination of Sales at Less Than Fair Deadlines As a Result of the Government Closure
Value and Affirmative Determination of Critical During Snowstorm Jonas,’’ dated January 27, 2016.
AGENCY: Enforcement and Compliance, Circumstances: Small Diameter Graphite Electrodes 4 See Initiation of Antidumping and
International Trade Administration, from the People’s Republic of China, 74 FR 2049 Countervailing Duty Administrative Reviews, 80 FR
Department of Commerce. (January 14, 2009). 18202 (April 3, 2015) (Initiation Notice). See also
2 See memorandum from Christian Marsh, Deputy Preliminary Decision Memorandum at 4 for more
SUMMARY: The Department of Commerce
Assistant Secretary for Antidumping and details.
(the Department) is conducting an Countervailing Duty Operations, to Paul Piquado, 5 See Preliminary Decision Memorandum at 5–6
Lhorne on DSK5TPTVN1PROD with NOTICES
administrative review of the Assistant Secretary for Enforcement and for more details.
antidumping duty order on small Compliance, ‘‘Decision Memorandum for 6 Id., at 7–8.
diameter graphite electrodes (graphite Preliminary Results of Antidumping Duty 7 See Antidumping Proceedings: Announcement
electrodes) from the People’s Republic Administrative Review: Small Diameter Graphite of Change in Department Practice for Respondent
Electrodes from the People’s Republic of China’’ Selection in Antidumping Duty Proceedings and
of China (PRC), covering the period dated concurrently with this notice (Preliminary Conditional Review of the Nonmarket Economy
February 1, 2014 through January 31, Decision Memorandum), which is hereby adopted Entity in NME Antidumping Duty Proceedings, 78
2015. The Department has preliminarily by this notice. FR 65963, 65970 (November 4, 2013).
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Document Created: 2016-03-09 00:13:31
Document Modified: 2016-03-09 00:13:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 9, 2016. | |
| Contact | Rebecca Trainor or Aqmar Rahman, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 and (202) 482-0768, respectively. | |
| FR Citation | 81 FR 12466 |
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