81_FR_40971 81 FR 40850 - Prestressed Concrete Steel Rail Tie Wire From Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2015

81 FR 40850 - Prestressed Concrete Steel Rail Tie Wire From Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 121 (June 23, 2016)

Page Range40850-40851
FR Document2016-14913

On March 9, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on prestressed concrete steel rail tie wire (PC tie wire) from Mexico.\1\ 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 gave interested parties an opportunity to comment on the Preliminary Results. After considering the comments received, we made no changes to our preliminary margin calculations, and we continue to find that Camesa made sales of subject merchandise to the United States at prices below normal value. Camesa's final dumping margin is listed below in the section entitled ``Final Results of the Review.'' ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 121 (Thursday, June 23, 2016)
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40850-40851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14913]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-843]


Prestressed Concrete Steel Rail Tie Wire From Mexico: Final 
Results of Antidumping Duty Administrative Review; 2013-2015

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

SUMMARY: On March 9, 2016, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on prestressed concrete steel rail tie wire 
(PC tie wire) from Mexico.\1\ 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 
gave interested parties an opportunity to comment on the Preliminary 
Results. After considering the comments received, we made no changes to 
our preliminary margin calculations, and we

[[Page 40851]]

continue to find that Camesa made sales of subject merchandise to the 
United States at prices below normal value. Camesa's final dumping 
margin is listed below in the section entitled ``Final Results of the 
Review.''
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Rail Tie Wire From Mexico: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2013-2105, 81 FR 12466 (March 9, 2016) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: June 23, 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: 

Background

    For a complete description of the events following the publication 
of the Preliminary Results, see the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's AD and Countervailing 
Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \2\ See memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review of Prestressed Concrete Steel 
Rail Tie Wire from Mexico; 2013-2015,'' dated concurrently with and 
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Department conducted this administrative review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

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) subheading 7217.10.8045, 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 written description of the scope of the order is 
dispositive.\3\
---------------------------------------------------------------------------

    \3\ A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as Appendix I.

Final Results of the Review

    As a result of this review, the Department determines that a 
weighted-average dumping margin of 6.33 percent exists for Camesa for 
the period December 12, 2013, through May 31, 2015.

Assessment Rates

    The Department determines, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review.\4\ We calculated an importer-specific ad 
valorem duty assessment rate 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 if the importer-specific assessment rate is above de 
minimis.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    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 these final results; (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 previous review, or the original less-than-
fair-value (LTFV) 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 made effective by the LTFV investigation. 
These deposit requirements shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: June 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Scope of the Order
V. Discussion of the Issues
    A. Clerical Error in the Draft Liquidation Instructions
    B. Camesa's General and Administrative (G&A) Expense Offset
VI. Recommendation

[FR Doc. 2016-14913 Filed 6-22-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    40850                           Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices

                                                    DEPARTMENT OF COMMERCE                                      ACTION: Notice and Opportunity for                     Accordingly, EDA has initiated
                                                                                                                Public Comment.                                        investigations to determine whether
                                                    Economic Development Administration                                                                                increased imports into the United States
                                                                                                                   Pursuant to Section 251 of the Trade                of articles like or directly competitive
                                                    Notice of Petitions by Firms for                                                                                   with those produced by each of these
                                                                                                                Act 1974, as amended (19 U.S.C. 2341
                                                    Determination of Eligibility To Apply
                                                                                                                et seq.), the Economic Development                     firms contributed importantly to the
                                                    for Trade Adjustment Assistance
                                                                                                                Administration (EDA) has received                      total or partial separation of the firm’s
                                                    AGENCY:Economic Development                                 petitions for certification of eligibility to          workers, or threat thereof, and to a
                                                    Administration, Department of                               apply for Trade Adjustment Assistance                  decrease in sales or production of each
                                                    Commerce.                                                   from the firms listed below.                           petitioning firm.

                                                      LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
                                                                                                                         [6/11/2016 through 6/17/2016]

                                                                                                                                    Date accepted
                                                                Firm name                                 Firm address                    for                                     Product(s)
                                                                                                                                     investigation

                                                    Marlen Textiles, Inc .................   500 Orchard Street, New                     6/16/2016       The firm is a manufacturer of economy fabrics used to make
                                                                                               Haven, MO 63068–1108.                                       boat covers, tarps, furniture covers, awnings, tents and
                                                                                                                                                           other products.



                                                       Any party having a substantial                           amended (19 U.S.C. 81a–81u), and the                      For further information, contact
                                                    interest in these proceedings may                           regulations of the FTZ Board (15 CFR                   Christopher Kemp at christopher.kemp@
                                                    request a public hearing on the matter.                     part 400). It was formally docketed on                 trade.gov or (202) 482–0862.
                                                    A written request for a hearing must be                     June 15, 2016.                                           Dated: June 15, 2016.
                                                    submitted to the Trade Adjustment                              Subzone 18G was approved on                         Elizabeth Whiteman,
                                                    Assistance for Firms Division, Room                         September 20, 2012 (77 FR 60672–                       Acting Executive Secretary.
                                                    71030, Economic Development                                 60673, October 4, 2012) and currently
                                                    Administration, U.S. Department of                                                                                 [FR Doc. 2016–14809 Filed 6–22–16; 8:45 am]
                                                                                                                consists of two sites: Site 1 (25.2
                                                    Commerce, Washington, DC 20230, no                          acres)—3500 Deer Creek Road, Palo                      BILLING CODE 3510–DS–P

                                                    later than ten (10) calendar days                           Alto; and, Site 2 (210 acres)—45550
                                                    following publication of this notice.                       Fremont Boulevard, Fremont. The
                                                       Please follow the requirements set                                                                              DEPARTMENT OF COMMERCE
                                                                                                                applicant is now requesting authority to
                                                    forth in EDA’s regulations at 13 CFR                        expand the subzone to include an                       International Trade Administration
                                                    315.9 for procedures to request a public                    additional 24.5 acres located adjacent to
                                                    hearing. The Catalog of Federal                             Site 2. No additional production                       [A–201–843]
                                                    Domestic Assistance official number                         authority is being requested at this time.
                                                    and title for the program under which                                                                              Prestressed Concrete Steel Rail Tie
                                                                                                                The expanded subzone would be subject
                                                    these petitions are submitted is 11.313,                                                                           Wire From Mexico: Final Results of
                                                                                                                to the existing activation limit of FTZ
                                                    Trade Adjustment Assistance for Firms.                                                                             Antidumping Duty Administrative
                                                                                                                18.
                                                      Dated: June 17, 2016.
                                                                                                                                                                       Review; 2013–2015
                                                                                                                   In accordance with the FTZ Board’s
                                                    Miriam Kearse,                                              regulations, Christopher Kemp of the                   AGENCY:  Enforcement and Compliance,
                                                    Lead Program Analyst.                                       FTZ Staff is designated examiner to                    International Trade Administration,
                                                    [FR Doc. 2016–14855 Filed 6–22–16; 8:45 am]                 review the application and make                        Department of Commerce.
                                                    BILLING CODE 3510–WH–P                                      recommendations to the Executive                       SUMMARY: On March 9, 2016, the
                                                                                                                Secretary.                                             Department of Commerce (the
                                                                                                                   Public comment is invited from                      Department) published the preliminary
                                                    DEPARTMENT OF COMMERCE                                      interested parties. Submissions shall be               results of the administrative review of
                                                                                                                addressed to the FTZ Board’s Executive                 the antidumping duty (AD) order on
                                                    Foreign-Trade Zones Board
                                                                                                                Secretary at the address below. The                    prestressed concrete steel rail tie wire
                                                    [S–88–2016]                                                 closing period for their receipt is August             (PC tie wire) from Mexico.1 The period
                                                                                                                2, 2016. Rebuttal comments in response                 of review (POR) is December 12, 2013,
                                                    Foreign-Trade Zone 18—San Jose,                             to material submitted during the                       through May 31, 2015. The review
                                                    California; Application for Subzone                         foregoing period may be submitted                      covers one producer/exporter of the
                                                    Expansion; Subzone 18G; Tesla                               during the subsequent 15-day period to                 subject merchandise, Aceros Camesa,
                                                    Motors, Inc.; Palo Alto and Fremont,                        August 17, 2016.                                       S.A. de C.V. (Camesa). We gave
                                                    California                                                     A copy of the application will be                   interested parties an opportunity to
                                                      An application has been submitted to                      available for public inspection at the                 comment on the Preliminary Results.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the Foreign-Trade Zones (FTZ) Board by                      Office of the Executive Secretary,                     After considering the comments
                                                    the City of San Jose, California, grantee                   Foreign-Trade Zones Board, Room                        received, we made no changes to our
                                                    of FTZ 18, requesting to expand                             21013, U.S. Department of Commerce,                    preliminary margin calculations, and we
                                                    Subzone 18G on behalf of Tesla Motors,                      1401 Constitution Avenue NW.,
                                                                                                                                                                         1 See Prestressed Concrete Steel Rail Tie Wire
                                                    Inc., located in Palo Alto and Fremont,                     Washington, DC 20230–0002, and in the
                                                                                                                                                                       From Mexico: Preliminary Results of the
                                                    California. The application was                             ‘‘Reading Room’’ section of the FTZ                    Antidumping Duty Administrative Review; 2013–
                                                    submitted pursuant to the provisions of                     Board’s Web site, which is accessible                  2105, 81 FR 12466 (March 9, 2016) (Preliminary
                                                    the Foreign-Trade Zones Act, as                             via www.trade.gov/ftz.                                 Results).



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                                                                                  Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices                                                  40851

                                                    continue to find that Camesa made sales                 7229.90.9000, and 7312.10.3012.                        the manufacturer is, the cash deposit
                                                    of subject merchandise to the United                    Although the HTSUS subheadings are                     rate will be the rate established for the
                                                    States at prices below normal value.                    provided for convenience and customs                   most recent period for the manufacturer
                                                    Camesa’s final dumping margin is listed                 purposes, the written description of the               of the merchandise; and (4) the cash
                                                    below in the section entitled ‘‘Final                   scope of the order is dispositive.3                    deposit rate for all other manufacturers
                                                    Results of the Review.’’                                                                                       or exporters will continue to be 9.99
                                                                                                            Analysis of Comments Received
                                                    DATES: Effective Date: June 23, 2016.                                                                          percent, the all-others rate made
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                               All issues raised in the case and                   effective by the LTFV investigation.
                                                    Rebecca Trainor or Aqmar Rahman, AD/                    rebuttal briefs are addressed in the                   These deposit requirements shall
                                                    CVD Operations, Office II, Enforcement                  Issues and Decision Memorandum. A                      remain in effect until further notice.
                                                    and Compliance, International Trade                     list of the issues which parties raised
                                                    Administration, U.S. Department of                      and to which we respond in the Issues                  Notification to Importers
                                                    Commerce, 14th Street and Constitution                  and Decision Memorandum is attached
                                                                                                            to this notice as Appendix I.                            This notice also serves as a final
                                                    Avenue NW., Washington, DC 20230;                                                                              reminder to importers of their
                                                    telephone (202) 482–4007 and (202)                      Final Results of the Review                            responsibility under 19 CFR 351.402(f)
                                                    482–0768, respectively.                                                                                        to file a certificate regarding the
                                                                                                              As a result of this review, the
                                                    SUPPLEMENTARY INFORMATION:                              Department determines that a weighted-                 reimbursement of antidumping duties
                                                    Background                                              average dumping margin of 6.33 percent                 prior to liquidation of the relevant
                                                                                                            exists for Camesa for the period                       entries during this review period.
                                                       For a complete description of the
                                                                                                            December 12, 2013, through May 31,                     Failure to comply with this requirement
                                                    events following the publication of the
                                                                                                            2015.                                                  could result in the Secretary’s
                                                    Preliminary Results, see the Issues and
                                                                                                            Assessment Rates                                       presumption that reimbursement of
                                                    Decision Memorandum.2 The Issues and
                                                    Decision Memorandum is a public                                                                                antidumping duties occurred and the
                                                                                                              The Department determines, and U.S.                  subsequent assessment of double
                                                    document and is on file electronically                  Customs and Border Protection (CBP)
                                                    via Enforcement and Compliance’s AD                                                                            antidumping duties.
                                                                                                            shall assess, antidumping duties on all
                                                    and Countervailing Duty (CVD)                           appropriate entries covered by this                    Notification to Interested Parties
                                                    Centralized Electronic Service System                   review.4 We calculated an importer-
                                                    (ACCESS). ACCESS is available to                        specific ad valorem duty assessment                      This notice serves as the only
                                                    registered users at http://                             rate based on the ratio of the total                   reminder to parties subject to
                                                    access.trade.gov and in the Central                     amount of antidumping duties                           administrative protective order (APO) of
                                                    Records Unit, Room B8024 of the main                    calculated for the examined sales to the               their responsibility concerning the
                                                    Department of Commerce building. In                     total entered value of the examined                    disposition of proprietary information
                                                    addition, a complete version of the                     sales to that importer. We will instruct               disclosed under APO in accordance
                                                    Issues and Decision Memorandum can                      CBP to assess antidumping duties on all                with 19 CFR 351.305(a)(3). Timely
                                                    be accessed directly at http://                         appropriate entries covered by this                    written notification of return/
                                                    enforcement.trade.gov/frn/index.html.                   review if the importer-specific                        destruction of APO materials or
                                                    The signed Issues and Decision                          assessment rate is above de minimis.                   conversion to judicial protective order is
                                                    Memorandum and the electronic                                                                                  hereby requested. Failure to comply
                                                                                                              We intend to issue instructions to
                                                    version of the Issues and Decision                                                                             with the regulations and the terms of an
                                                                                                            CBP 41 days after the date of
                                                    Memorandum are identical in content.                                                                           APO is a sanctionable violation.
                                                                                                            publication of the final results of this
                                                       The Department conducted this
                                                                                                            review.                                                  This administrative review and notice
                                                    administrative review in accordance
                                                    with section 751 of the Tariff Act of                   Cash Deposit Requirements                              are published in accordance with
                                                    1930, as amended (the Act).                                                                                    sections 751(a)(1) and 777(i)(1) of the
                                                                                                              The following cash deposit                           Act and 19 CFR 351.221.
                                                    Scope of the Order                                      requirements will be effective for all
                                                                                                            shipments of the subject merchandise                     Dated: June 15, 2016.
                                                      The product covered by this order is
                                                    prestressed concrete steel rail tie wire.               entered, or withdrawn from warehouse,                  Paul Piquado,
                                                    This product is classified under the                    for consumption on or after the                        Assistant Secretary for Enforcement and
                                                    Harmonized Tariff Schedule of the                       publication date of the final results of               Compliance.
                                                    United States (HTSUS) subheading                        this administrative review, as provided
                                                                                                            by section 751(a)(2)(C) of the Act: (1)                Appendix
                                                    7217.10.8045, but may also be classified
                                                    under subheadings 7217.10.7000,                         The cash deposit rate for Camesa will be               List of Topics Discussed in the Issues and
                                                    7217.10.8025, 7217.10.8030,                             the rate established in these final                    Decision Memorandum
                                                    7217.10.8090, 7217.10.9000,                             results; (2) for previously reviewed or                I. Summary
                                                    7229.90.1000, 7229.90.5016,                             investigated companies not                             II. Background
                                                    7229.90.5031, 7229.90.5051,                             participating in this review, the cash                 III. Margin Calculations
                                                                                                            deposit rate will continue to be the                   IV. Scope of the Order
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       2 See memorandum to Paul Piquado, Assistant          company-specific rate published for the                V. Discussion of the Issues
                                                    Secretary for Enforcement and Compliance, from          most recent period; (3) if the exporter is                A. Clerical Error in the Draft Liquidation
                                                    Christian Marsh, Deputy Assistant Secretary for         not a firm covered in this review, a                        Instructions
                                                    Antidumping and Countervailing Duty Operations,         previous review, or the original less-
                                                    ‘‘Issues and Decision Memorandum for the Final                                                                    B. Camesa’s General and Administrative
                                                    Results of the Antidumping Duty Administrative
                                                                                                            than-fair-value (LTFV) investigation, but                   (G&A) Expense Offset
                                                    Review of Prestressed Concrete Steel Rail Tie Wire                                                             VI. Recommendation
                                                                                                              3 A full description of the scope of the order is
                                                    from Mexico; 2013–2015,’’ dated concurrently with
                                                                                                            contained in the Issues and Decision Memorandum.       [FR Doc. 2016–14913 Filed 6–22–16; 8:45 am]
                                                    and adopted by this notice (Issues and Decision
                                                    Memorandum).                                              4 See 19 CFR 351.212(b)(1).                          BILLING CODE 3510–DS–P




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Document Created: 2018-02-08 07:41:21
Document Modified: 2018-02-08 07:41:21
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: June 23, 2016.
ContactRebecca 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 Citation81 FR 40850 

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