81 FR 41521 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 123 (June 27, 2016)
International Trade Administration
Federal Register Volume 81, Issue 123 (June 27, 2016)
| Page Range | 41521-41522 | |
| FR Document | 2016-15130 |
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)] [Notices] [Pages 41521-41522] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15130] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended Final 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 (``Department'') is amending the Final Results \1\ of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Mexico to correct ministerial errors. The period of review (``POR'') is October 1, 2013, through September 30, 2014. --------------------------------------------------------------------------- \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2014 81 FR 31,592 (May 19, 2016) (``Final Results''). --------------------------------------------------------------------------- DATES: Effective Date: June 27, 2016. FOR FURTHER INFORMATION CONTACT: James Terpstra, 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. SUPPLEMENTARY INFORMATION: Background On May 16, 2016, the Department disclosed to interested parties its calculations for the Final Results.\2\ On May 23, 2015, we received ministerial error allegations from Nucor Corporation \3\ and Deacero S.A.P.I de C.V. and Deacero USA (``Deacero'') regarding the Department's final margin calculations.\4\ --------------------------------------------------------------------------- \2\ See Memorandum, ``Calculation Memorandum for Daecero S.A. de C.V. and Deacero USA, INC. (collectively, Deacero)'' dated May 6, 2015. \3\ Nucor Corporation (``Nucor'') is a domestic interested party. \4\ See Letter from Nucor, ``Eighth (12/13) Administrative Review of Carbon and Certain Alloy Steel Wire Rod from Mexico-- Petitioner's Comments on a Ministerial Error in Final Results'' dated May 18, 2015; and Letter from Deacero ``Carbon and Certain Alloy Steel Wire Rod from Mexico: Ministerial Error Comments'' dated May 18, 2015. --------------------------------------------------------------------------- Period of Review The POR covered by this review is October 1, 2013, through September 30, 2014. Scope of the Order The merchandise subject to this 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 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059. Although the HTS numbers are provided for convenience and customs purposes, the written product description remains dispositive.\5\ --------------------------------------------------------------------------- \5\ For a complete description of the scope of the order, see ``Carbon and Certain Alloy Steel Wire Rod from Mexico: Issues and Decision Memorandum for the Final Results of the Antidumping Administrative Review; 2012-2013'' dated May 6, 2015 (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Ministerial Errors Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), defines a ``ministerial error'' as including ``errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.'' We analyzed Nucor's and Deacero's ministerial error comments and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that there were ministerial [[Page 41522]] errors in our calculation of Deacero's margin for the Final Results. For a complete discussion of these allegations, see the Department's Ministerial Errors Memorandum.\6\ --------------------------------------------------------------------------- \6\ See ``2012-2013 Administrative Review of the Antidumping Order on Carbon and Certain Alloy Steel Wire Rod from Mexico: Ministerial Error Allegations for Final Results'' dated concurrently with this notice (``Ministerial Errors Memorandum''). --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.\7\ The revised weighted-average dumping margin is detailed below. --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- Amended Final Results As a result of correcting for these ministerial errors, we determine the following margin exists for the period October 1, 2012, through September 30, 2013. ------------------------------------------------------------------------ Weighted- average dumping Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ Deacero S.A.P.I. de C.V. and Deacero 1.13 ad valorem. USA, Inc. (collectively, Deacero). ------------------------------------------------------------------------ Assessment Rate Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. The Department intends to issue assessment instructions to CBP 41 days after the date of publication of these amended final results of review. For assessment purposes, 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). We calculated such rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. If an importer-specific assessment rate is zero or de minimis (i.e., less than 0.50 percent) or the exporter has a weighted-average dumping margin that is zero or de minimis, the Department will instruct CBP to assess that importer's entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). For entries of subject merchandise during the POR produced by a respondent for which it did not know that its 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 assessment practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of amended 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 amended final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Deacero will be the rate established in the amended 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 segment of the proceeding, 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 20.11 percent, the all-others rate established in the investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final 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 increase in antidumping duties by the amount of antidumping duties reimbursed. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the 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. Disclosure We will disclose the calculations performed for these amended final results to interested parties within five business days of the date of publication of this notice in accordance with 19 CFR 351.224(b) We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: June 21, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-15130 Filed 6-24-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices 41521
subtracted shipments reported by the we will instruct U.S. Customs and Background
cooperating mandatory respondent from Border Protection (CBP) to suspend On May 16, 2016, the Department
the GTA data. Based on this analysis, liquidation of all entries of subject disclosed to interested parties its
we preliminarily determine that ‘‘all merchandise from these producers/ calculations for the Final Results.2 On
other’’ exporters or producers had exporters that are entered, or withdrawn May 23, 2015, we received ministerial
massive imports.15 from warehouse, for consumption on or error allegations from Nucor
Because we do not have verifiable after the date that is 90 days prior to the Corporation 3 and Deacero S.A.P.I de
shipment data from the non-cooperating effective date of ‘‘provisional measures’’ C.V. and Deacero USA (‘‘Deacero’’)
mandatory respondents (i.e., those (e.g., the date of publication in the regarding the Department’s final margin
mandatory respondents that did not Federal Register of the notice of an calculations.4
respond to the initial questionnaire or affirmative preliminary determination
who otherwise indicated their that countervailable subsidies have been Period of Review
unwillingness to participate in the provided at above de minimis rates). At The POR covered by this review is
investigation), we determined, on the such time, we will also instruct CBP to October 1, 2013, through September 30,
basis of adverse facts available,16 that require a cash deposit equal to the 2014.
there has been a massive surge in estimated preliminary subsidy rates
imports. Accordingly, we preliminarily reflected in the preliminary Scope of the Order
determine that the following producers/ determination published in the Federal The merchandise subject to this order
exporters had massive surges in Register. This suspension of liquidation is carbon and certain alloy steel wire
imports: Ningbo Baoxin, and Daming.17 will remain in effect until further notice. rod. The product is currently classified
This notice is issued and published under the Harmonized Tariff Schedule
Conclusion
pursuant to section 777(i) of the Act and of the United States (HTSUS) item
Based on the criteria and findings 19 CFR 351.206(c)(2). numbers 7213.91.3010, 7213.91.3090,
discussed above, we preliminarily 7213.91.4510, 7213.91.4590,
Dated: June 20, 2016.
determine that critical circumstances 7213.91.6010, 7213.91.6090,
Ronald K. Lorentzen,
exist with respect to imports of stainless 7213.99.0031, 7213.99.0038,
sheet and strip shipped by Taigang, Acting Assistant Secretary for Enforcement
7213.99.0090, 7227.20.0010,
and Compliance.
Ningbo Baoxin, Daming, and ‘‘all other’’ 7227.20.0020, 7227.20.0090,
exporters or producers. [FR Doc. 2016–15132 Filed 6–24–16; 8:45 am]
7227.20.0095, 7227.90.6051,
BILLING CODE 3510–DS–P
Final Critical Circumstances 7227.90.6053, 7227.90.6058, and
Determination 7227.90.6059. Although the HTS
numbers are provided for convenience
We will issue a final determination DEPARTMENT OF COMMERCE
and customs purposes, the written
concerning critical circumstances when product description remains
International Trade Administration
we issue our final subsidy dispositive.5
determination. All interested parties
will have the opportunity to address [A–201–830] Ministerial Errors
this determination in case briefs to be Section 751(h) of the Tariff Act of
submitted after completion of the Carbon and Certain Alloy Steel Wire
1930, as amended (‘‘the Act’’), defines a
preliminary CVD determination. Rod From Mexico: Amended Final
‘‘ministerial error’’ as including ‘‘errors
Results of Antidumping Duty
in addition, subtraction, or other
ITC Notification Administrative Review; 2013–2014
arithmetic function, clerical errors
In accordance with sections 703(f) AGENCY: Enforcement and Compliance, resulting from inaccurate copying,
and 733(f) of the Act, we will notify the International Trade Administration, duplication, or the like, and any other
ITC of our determination. U.S. Department of Commerce. unintentional error which the
Suspension of Liquidation SUMMARY: The Department of Commerce administering authority considers
(‘‘Department’’) is amending the Final ministerial.’’ We analyzed Nucor’s and
In accordance with sections 703(e)(2), Deacero’s ministerial error comments
because we have preliminarily found Results 1 of the administrative review of
the antidumping duty order on carbon and determined, in accordance with
that critical circumstances exist with section 751(h) of the Act and 19 CFR
regard to imports exported by certain and certain alloy steel wire rod from
Mexico to correct ministerial errors. The 351.224(e), that there were ministerial
producers and exporters, if we make an
affirmative preliminary determination period of review (‘‘POR’’) is October 1, 2 See Memorandum, ‘‘Calculation Memorandum
that countervailable subsidies have been 2013, through September 30, 2014. for Daecero S.A. de C.V. and Deacero USA, INC.
provided to these same producers/ DATES: Effective Date: June 27, 2016. (collectively, Deacero)’’ dated May 6, 2015.
3 Nucor Corporation (‘‘Nucor’’) is a domestic
exporters at above de minimis rates,18 FOR FURTHER INFORMATION CONTACT:
interested party.
James Terpstra, AD/CVD Operations, 4 See Letter from Nucor, ‘‘Eighth (12/13)
7220.20.6005, 7220.20.6010, 7220.20.6015, Office III, Enforcement and Compliance, Administrative Review of Carbon and Certain Alloy
7220.20.6060, 7220.20.6080, 7220.20.7005, International Trade Administration, Steel Wire Rod from Mexico—Petitioner’s
7220.20.7010, 7220.20.7015, 7220.20.7060, Comments on a Ministerial Error in Final Results’’
7220.20.7080, 7220.90.0010, 7220.90.0015, U.S. Department of Commerce, 14th
dated May 18, 2015; and Letter from Deacero
7220.90.0060, and 7220.90.0080. Street and Constitution Avenue NW., ‘‘Carbon and Certain Alloy Steel Wire Rod from
mstockstill on DSK3G9T082PROD with NOTICES
15 Id. Washington DC 20230; telephone 202– Mexico: Ministerial Error Comments’’ dated May
16 See Section 776 of the Act.
482–3965. 18, 2015.
17 See Memorandum, ‘‘Monthly Shipment 5 For a complete description of the scope of the
SUPPLEMENTARY INFORMATION:
Quantity and Value Analysis for Critical order, see ‘‘Carbon and Certain Alloy Steel Wire
Circumstances Preliminary Determination,’’ dated Rod from Mexico: Issues and Decision
concurrently with this Federal Register notice. 1 See Carbon and Certain Alloy Steel Wire Rod Memorandum for the Final Results of the
18 The preliminary determinations concerning the from Mexico: Final Results of Antidumping Duty Antidumping Administrative Review; 2012–2013’’
provision of countervailable subsidies is currently Administrative Review; 2013–2014 81 FR 31,592 dated May 6, 2015 (‘‘Issues and Decision
scheduled for July 11, 2016. (May 19, 2016) (‘‘Final Results’’). Memorandum’’).
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![41522 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
errors in our calculation of Deacero’s regard to antidumping duties, in amount of antidumping duties
margin for the Final Results. For a accordance with 19 CFR 351.106(c)(2). reimbursed.
complete discussion of these For entries of subject merchandise
during the POR produced by a Administrative Protective Order
allegations, see the Department’s
Ministerial Errors Memorandum.6 respondent for which it did not know This notice also serves as a reminder
In accordance with section 751(h) of that its merchandise was destined for to parties subject to administrative
the Act and 19 CFR 351.224(e), we are the United States, we will instruct CBP protective orders (APO) of their
amending the Final Results.7 The to liquidate unreviewed entries at the responsibility concerning the return or
revised weighted-average dumping all-others rate if there is no rate for the destruction of proprietary information
margin is detailed below. intermediate company(ies) involved in disclosed under APO in accordance
the transaction. For a full discussion of with 19 CFR 351.305(a)(3), which
Amended Final Results this assessment practice, see continues to govern business
As a result of correcting for these Antidumping and Countervailing Duty proprietary information in this segment
ministerial errors, we determine the Proceedings: Assessment of of the proceeding. Timely written
following margin exists for the period Antidumping Duties, 68 FR 23954 (May notification of the return/destruction of
October 1, 2012, through September 30, 6, 2003). APO materials, or conversion to judicial
2013. Cash Deposit Requirements protective order, is hereby requested.
Failure to comply with the regulations
Weighted- The following cash deposit and the terms of an APO is a
average requirements will be effective upon sanctionable violation.
Manufacturer/exporter dumping publication of the notice of amended
margin final results of administrative review for Disclosure
(percent)
all shipments of subject merchandise We will disclose the calculations
Deacero S.A.P.I. de C.V. 1.13 ad valorem. entered, or withdrawn from warehouse, performed for these amended final
and Deacero USA, Inc. for consumption on or after the results to interested parties within five
(collectively, Deacero). publication of the amended final results business days of the date of publication
of this administrative review, as of this notice in accordance with 19 CFR
Assessment Rate provided by section 751(a)(2) of the Act: 351.224(b)
(1) The cash deposit rate for Deacero We are issuing and publishing this
Pursuant to section 751(a)(2)(C) of the will be the rate established in the
Act, and 19 CFR 351.212(b), the notice in accordance with sections
amended final results of this 751(a)(1) and 777(i)(1) of the Act and 19
Department will determine, and U.S. administrative review; (2) for
Customs and Border Protection (‘‘CBP’’) CFR 351.224(e).
merchandise exported by manufacturers
shall assess, antidumping duties on all or exporters not covered in this Dated: June 21, 2016.
appropriate entries of subject administrative review but covered in a Ronald K. Lorentzen,
merchandise in accordance with the prior segment of the proceeding, the Acting Assistant Secretary for Enforcement
amended final results of this review. cash deposit rate will continue to be the and Compliance.
The Department intends to issue company-specific rate published for the [FR Doc. 2016–15130 Filed 6–24–16; 8:45 am]
assessment instructions to CBP 41 days most recent period; (3) if the exporter is BILLING CODE 3510–DS–P
after the date of publication of these not a firm covered in this review, a prior
amended final results of review. review, or the original investigation, but
For assessment purposes, the the manufacturer is, the cash deposit DEPARTMENT OF COMMERCE
Department applied the assessment rate rate will be the rate established for the
calculation method adopted in most recent period for the manufacturer International Trade Administration
Antidumping Proceedings: Calculation of the merchandise; and (4) the cash
of the Weighted-Average Dumping deposit rate for all other manufacturers [A–570–008]
Margin and Assessment Rate in Certain or exporters will continue to be 20.11
Antidumping Proceedings: Final percent, the all-others rate established Calcium Hypochlorite From the
Modification, 77 FR 8101 (February 14, in the investigation.8 These cash deposit People’s Republic of China:
2012). requirements, when imposed, shall Preliminary Intent To Rescind the New
We calculated such rates based on the remain in effect until further notice. Shipper Review of Haixing Jingmei
ratio of the total amount of dumping Chemical Products Sales Co., Ltd.
calculated for the examined sales to the Notification to Importers
total entered value of the sales for which This notice serves as a final reminder AGENCY: Enforcement and Compliance,
entered value was reported. If an to importers of their responsibility International Trade Administration,
importer-specific assessment rate is zero under 19 CFR 351.402(f)(2) to file a Department of Commerce.
or de minimis (i.e., less than 0.50 certificate regarding the reimbursement SUMMARY: In response to a July 17, 2015
percent) or the exporter has a weighted- of antidumping duties prior to request from Haixing Jingmei Chemical
average dumping margin that is zero or liquidation of the relevant entries Products Sales Co., Ltd. (‘‘Jingmei’’),
de minimis, the Department will during this review period. Failure to and its affiliated producer, Haixing Eno
instruct CBP to assess that importer’s comply with this requirement could Chemical Co., Ltd. (‘‘Eno’’), the
entries of subject merchandise without result in the Secretary’s presumption Department of Commerce (the
mstockstill on DSK3G9T082PROD with NOTICES
that reimbursement of antidumping Department) is conducting a new
6 See ‘‘2012–2013 Administrative Review of the duties occurred and the subsequent shipper review of Haixing Jingmei
Antidumping Order on Carbon and Certain Alloy increase in antidumping duties by the Chemical Products Sales Co., Ltd.
Steel Wire Rod from Mexico: Ministerial Error (‘‘Jingmei’’), regarding the antidumping
Allegations for Final Results’’ dated concurrently 8 See Notice of Antidumping Duty Orders: Carbon
duty order on calcium hypochlorite
with this notice (‘‘Ministerial Errors and Certain Alloy Steel Wire Rod from Brazil,
Memorandum’’). Indonesia, Mexico, Moldova, Trinidad and Tobago,
from the People’s Republic of China
7 Id. and Ukraine, 67 FR 65945 (October 29, 2002). (‘‘PRC’’). The period of review (‘‘POR’’)
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Document Created: 2016-06-25 02:07:05
Document Modified: 2016-06-25 02:07:05
| 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 | |
| Contact | James Terpstra, 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. | |
| FR Citation | 81 FR 41521 |
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