81_FR_46187 81 FR 46051 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Amended Final Determination and Notice of Second Amended Final Determination

81 FR 46051 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Amended Final Determination and Notice of Second Amended Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range46051-46053
FR Document2016-16803

On December 22, 2014, the United States Court of International Trade (CIT) entered its final judgment in Deacero III,\1\ sustaining the Department of Commerce's (the Department) negative circumvention determination from the First Remand Results as it relates to the antidumping duty order on carbon and certain alloy steel wire rod from Mexico.\2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken,\3\ as clarified by Diamond Sawblades,\4\ the Department issued the Amended Final Determination \5\ notifying the public that the final judgment of the CIT in this case was not in harmony with the Department's finding in the Final Determination.\6\ In the Amended Final Determination, the Department found, under protest, that, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225, Deacero's entries of wire rod with an actual diameter of 4.75 millimeters (mm) to 5.00 mm (also referred to in this notice as small diameter wire rod) did not constitute circumvention of the Order. On April 5, 2016, the Federal Circuit reversed the CIT's holding in Deacero III.\7\ In its holding, the Federal Circuit reinstated the Department's original finding from the Final Determination that Deacero's shipments of small diameter wire rod to the United States constitute a minor alteration circumvention of the Order.\8\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46051-46053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of 
Court Decision Not in Harmony With Amended Final Determination and 
Notice of Second Amended Final Determination

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

SUMMARY: On December 22, 2014, the United States Court of International 
Trade (CIT) entered its final judgment in Deacero III,\1\ sustaining 
the Department of Commerce's (the Department) negative circumvention 
determination from the First Remand Results as it relates to the 
antidumping duty order on carbon and certain alloy steel wire rod from 
Mexico.\2\ Consistent with the decision of the United States Court of 
Appeals for the Federal Circuit (Federal Circuit) in Timken,\3\ as 
clarified by Diamond Sawblades,\4\ the Department issued the Amended 
Final Determination \5\ notifying the public that the final judgment of 
the CIT in this case was not in harmony with the Department's finding 
in the Final Determination.\6\ In the Amended Final Determination, the 
Department found, under protest, that, pursuant to section 781(c) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225, 
Deacero's entries of wire rod with an actual diameter of 4.75 
millimeters (mm) to 5.00 mm (also referred to in this notice as small 
diameter wire rod) did not constitute circumvention of the Order. On 
April 5, 2016, the Federal Circuit reversed the CIT's holding in 
Deacero III.\7\ In its holding, the Federal Circuit reinstated the 
Department's original finding from the Final Determination that 
Deacero's shipments of small diameter wire rod to the United States 
constitute a minor alteration circumvention of the Order.\8\
---------------------------------------------------------------------------

    \1\ See Deacero S.A.P.I. de C.V. and Deacero USA, Inc. v. United 
States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz 
Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345, 
Slip Op. 14-151 (December 22, 2014) (Deacero III).
    \2\ See Final Results of Redetermination Pursuant to Deacero 
S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal 
USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, 
and Nucor Corporation, Court No. 12-00345; Slip Op. 13-126 (CIT 
2013) (January 29, 2014) (First Remand Results); 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) (Order).
    \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \5\ See Carbon and Certain Alloy Steel Wire Rod From Mexico: 
Notice of Court Decision Not in Harmony With Final Results and 
Notice of Amended Final Determination, 80 FR 44326 (July 27, 2015) 
(Amended Final Determination).
    \6\ See Carbon and Certain Alloy Steel Wire Rod From Mexico: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order, 77 FR 59892 (October 1, 2012) (Final Determination) and 
accompanying Issues and Decision Memorandum (Final Decision 
Memorandum).
    \7\ See Deacero S.A.de C.V. v. United States, 817 F.3d 1332 
(Fed. Cir. 2016) (Deacero IV).
    \8\ Id. at 12.

---------------------------------------------------------------------------
DATES: Effective April 15, 2016.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, or James Terpstra. 
AD/

[[Page 46052]]

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-
6071, (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 1, 2012, the Department issued the Final Determination 
in which it determined that Deacero's entries of wire rod with an 
actual diameter of 4.75 mm to 5.00 mm constitute a minor alteration 
circumvention of the Order.\9\ Deacero challenged the Department's 
determination. Upon review, the CIT remanded the Final Determination, 
holding that the Department improperly determined that Deacero's 
entries of small diameter wire rod were inside the scope of the Order 
despite the fact that small diameter wire rod was commercially 
available before the investigation and Petitioners \10\ ``consciously 
chose to limit the Order's reach to certain steel products 5.00 mm or 
more, but less than 19.00 mm in solid cross-sectional diameter.'' \11\ 
On remand, based on the Court's reasoning, the Department found that 
there was no alternative but to change the results of the anti-
circumvention determination and find that Deacero's entries of wire rod 
with an actual diameter of 4.75 mm to 5.00 mm were not within the scope 
of the Order.\12\
---------------------------------------------------------------------------

    \9\ See Final Determination, 77 FR at 59893.
    \10\ Petitioners are ArcelorMittal USA LLC, Gerdau Ameristeel 
U.S. Inc, Rocky Mountain Steel, Members of the Wire Rod Producers 
Coalition and Nucor Corporation (Nucor).
    \11\ See Deacero S.A. de C.V. v. United States, 37 CIT, 942 F. 
Supp. 2d 1321, 1324-25 (September 20, 2013) (Deacero I); Deacero 
Remand, Slip Op. 13-126 at 15.
    \12\ See First Remand Results at 6.
---------------------------------------------------------------------------

    In Deacero II, the Court held that although the Department 
ultimately reached a supportable result in the First Remand Results, 
remand was nonetheless necessary because the Department arrived at the 
result by misinterpreting Deacero I.\13\ Therefore, in Deacero II, the 
Court instructed the Department to explain whether it seeks the Court's 
leave to revisit the issue of commercial availability.\14\
---------------------------------------------------------------------------

    \13\ See Deacero S.A.P.I. de C.V. v. United States, Slip Op. 14-
99, 2014 WL 4244349, * 1-3 (August 28, 2014) (Deacero II) at 11-12.
    \14\ Id. at 12.
---------------------------------------------------------------------------

    In the Second Remand Results, the Department continued to 
respectfully disagree with the Court that the ``commercial 
availability'' of a product in the country in question, in a third 
country or in the United States bars the Department from reaching an 
affirmative anti-circumvention determination under the minor alteration 
provision of the statute.\15\ For these same reasons, the Department 
did not request a remand to further consider ``commercial 
availability'' in the context of this minor alteration proceeding. On 
December 22, 2014, the CIT entered final judgment sustaining the First 
Remand Results.\16\ Accordingly, July 27, 2015, the Department issued 
the Amended Final Determination in which it found that Deacero's 
entries of small diameter wire rod were not circumventing the Order 
and, thus, were not subject to antidumping (AD) duties.\17\ In the 
Amended Final Determination, the Department indicated that it would 
instruct Customs and Border Protection (CBP) to continue the suspension 
of liquidation of the subject merchandise, but set the cash deposit 
rate for Deacero's entries of wire rod with an actual diameter of 4.75 
mm up to 5.00 mm to zero pending a final and conclusive court 
decision.\18\ Further, in the Amended Final Determination, the 
Department stated that for any AD duties which were deposited for 
Deacero's entries of wire rod with an actual diameter of 4.75 mm up to 
5.00 mm entered from January 1, 2015, to July 27, 2015, the publication 
date of the Amended Final Determination, the Department would instruct 
CBP to refund the cash deposit upon request but continue to suspend the 
entries at a zero cash deposit rate.\19\
---------------------------------------------------------------------------

    \15\ See Final Results of Redetermination Pursuant to Deacero 
S.A. de C.V. et al., v. United States, Court No. 12-00345; Slip Op. 
14-99 (CIT August 28, 2014) (Second Remand Results).
    \16\ See Deacero III.
    \17\ See Amended Final Determination, 80 FR at 44327.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    In Deacero IV, the Federal Circuit held that in reversing the 
Department's affirmative circumvention finding in the Final 
Determination, the CIT erred in its interpretation of case 
precedent.\20\ The Federal Circuit found that the CIT incorrectly 
interpreted Wheatland to mean that an article cannot be subject to an 
anti-circumvention inquiry if that article is not expressly included 
within the literal terms of the order. Specifically, the Federal 
Circuit reasoned that where Wheatland held that a minor alternation 
inquiry is inappropriate when an order expressly excludes the allegedly 
altered product, the order at issue contains no explicit exclusion of 
steel wire rod with a diameter that is less than 5.00 mm.\21\ The 
Federal Circuit also held that substantial evidence supports the 
Department's determination that small-diameter steel wire rod was not 
commercially available prior to the Order, notwithstanding that some 
small-diameter steel wire rod was in existence at some prior time in 
non-investigated countries.\22\ Accordingly, the Federal Circuit held 
that the Department's initial finding in the Final Determination that 
Deacero's entries of wire rod with an actual diameter of 4.75 mm to 
5.00 mm constitute a circumventing minor alteration of the Order was in 
accordance with law and supported by substantial evidence.\23\
---------------------------------------------------------------------------

    \20\ See Deacero IV, 817 F.3d at 1337-39, citing to Deacero I, 
942 F. Supp. 2d at 1328-1332 quoting Wheatland Tube Co. v. United 
States, 161 F.3d 1365, 1370 (Fed. Cir. 1998) (Wheatland).
    \21\ See Deacero IV, 817 F.3d at 1338.
    \22\ Id. at 1339.
    \23\ Id. at 1339.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit held that, pursuant to section 516A(e) 
of the Act, the Department must publish a notice of a court decision 
that is not ``in harmony'' with a Department determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The Federal Circuit's judgement in Deacero IV sustaining the 
Department's original finding in the Final Determination that Deacero's 
entries of wire rod with an actual diameter of 4.75 mm to 5.00 mm 
constitute a minor alteration circumvention of the Order constitutes a 
final decision of the Court that is not in harmony with the 
Department's negative circumvention finding in the First Remand Results 
and Amended Final Determination. This notice is published in 
fulfillment of the publication requirements of Timken.

Amended Final Determination

    Because there is now a final court decision, we are amending the 
Amended Final Determination with respect to Deacero's entries of wire 
rod with an actual diameter of 4.75 mm to 5.00 mm. Based on the Federal 
Circuit's holding in Deacero IV, Deacero's entries of wire rod with an 
actual diameter of 4.75 mm to 5.00 mm are covered by the scope of the 
Order and, thus, subject to AD duties.
    Accordingly, the Department will instruct CBP to continue to 
suspend liquidation of the subject merchandise and, as of January 1, 
2015, the effective date for the Amended Final Determination giving 
effect to the CIT's since-reversed final judgment, to set the cash 
deposit rate for Deacero's entries of wire rod with an actual diameter 
of 4.75

[[Page 46053]]

mm to 5.00 mm to the applicable cash deposit rate as determined in 
administrative reviews.\24\ Specifically, for entries of small diameter 
wire rod from Deacero that entered the United States on or after 
January 1, 2015, whose entries were suspended at a zero cash deposit 
rate subject to the Amended Final Determination, we will instruct CBP 
to collect cash deposits at the following rates:
---------------------------------------------------------------------------

    \24\ As of January 1, 2015, the cash deposit rate applicable to 
Deacero's entries of subject merchandise was 12.08 percent, as 
established in Carbon and Certain Alloy Steel Wire Rod From Mexico: 
Final Results of Administrative Review: 2010-2011, 78 FR 28190, 
28191 (May 14, 2013) (10/11 Final Results). Deacero's cash deposit 
rate was subsequently revised to zero percent in Carbon and Certain 
Alloy Steel Wire Rod From Mexico: Final Results of Administrative 
Review: 2012-2013, 80 FR 35626, 35627 (June 22, 2015) (12/13 Amended 
Final Results), and 1.13 percent in Carbon and Certain Alloy Steel 
Wire Rod From Mexico: Amended Final Results of Administrative 
Review: 2013-2014, 81 FR 41521, 41522 (June 27, 2016) (13/14 Amended 
Final Results.).

------------------------------------------------------------------------
                                                            Applicable
            On or after                    Before          cash deposit
                                                               rate
------------------------------------------------------------------------
January 1, 2015...................  June 22, 2015.......      \25\ 12.08
June 22, 2015.....................  May 19, 2016........       \26\ 0.00
May 19, 2016......................  ....................       \27\ 1.13
------------------------------------------------------------------------

Additionally, with regard to any of Deacero's unliquidated entries of 
wire rod with an actual diameter of 4.75 mm to 5.00 mm for which an 
administrative review has been completed, we will instruct CBP to 
assess AD duties at the applicable rates.
---------------------------------------------------------------------------

    \25\ See 10/11 Final Results, 78 FR at 28191.
    \26\ See 12/13 Amended Final Results, 80 FR at 35627.
    \27\ See 13/14 Amended Final Results, 81 FR at 41522.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16803 Filed 7-14-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices                                                  46051

                                                briefs may be filed no later than five                   Cash Deposit Requirements                             Trade (CIT) entered its final judgment in
                                                days after the briefs are filed. All                       Effective upon publication of the final             Deacero III,1 sustaining the Department
                                                rebuttal comments must be limited to                     rescission or the final results of this               of Commerce’s (the Department)
                                                comments raised in the case briefs.9                     NSR, the Department will instruct CBP                 negative circumvention determination
                                                   Interested parties who wish to request                to discontinue the option of posting a                from the First Remand Results as it
                                                a hearing must submit a written request                  bond or security in lieu of a cash                    relates to the antidumping duty order on
                                                to the Assistant Secretary for                           deposit for entries of Durum’s subject                carbon and certain alloy steel wire rod
                                                Enforcement & Compliance, U.S.                           merchandise. If the Department                        from Mexico.2 Consistent with the
                                                Department of Commerce, within 30                        proceeds to a final rescission of this                decision of the United States Court of
                                                days after the date of publication of this               NSR, Durum’s cash deposit rate will                   Appeals for the Federal Circuit (Federal
                                                notice.10 Requests should contain the                    continue to be the all-others rate. If the            Circuit) in Timken,3 as clarified by
                                                party’s name, address, and telephone                     Department issues final results for this              Diamond Sawblades,4 the Department
                                                number, the number of participants, and                  NSR, the Department will instruct CBP                 issued the Amended Final
                                                a list of the issues to be discussed. Oral               to collect cash deposits, effective upon              Determination 5 notifying the public that
                                                argument presentations will be limited                   the publication of the final results, at              the final judgment of the CIT in this
                                                to issues raised in the briefs. If a request             the rates established therein.                        case was not in harmony with the
                                                for a hearing is made, the Department                                                                          Department’s finding in the Final
                                                                                                         Notification to Importers                             Determination.6 In the Amended Final
                                                intends to hold the hearing at the U.S.
                                                                                                           This notice also serves as a                        Determination, the Department found,
                                                Department of Commerce, 14th Street
                                                                                                         preliminary reminder to importers of                  under protest, that, pursuant to section
                                                and Constitution Avenue NW.,
                                                                                                         their responsibility under 19 CFR                     781(c) of the Tariff Act of 1930, as
                                                Washington, DC 20230, at a date and
                                                                                                         351.402(f)(2) to file a certificate                   amended (the Act) and 19 CFR 351.225,
                                                time to be determined.11 Parties should
                                                                                                         regarding the reimbursement of                        Deacero’s entries of wire rod with an
                                                confirm by telephone the date, time, and
                                                                                                         antidumping duties prior to liquidation               actual diameter of 4.75 millimeters
                                                location of the hearing two days before
                                                                                                         of the relevant entries during this                   (mm) to 5.00 mm (also referred to in this
                                                the scheduled date.
                                                                                                         review period. Failure to comply with                 notice as small diameter wire rod) did
                                                   All submissions, with limited                         this requirement could result in the                  not constitute circumvention of the
                                                exceptions, must be filed electronically                 Department’s presumption that                         Order. On April 5, 2016, the Federal
                                                using ACCESS. An electronically filed                    reimbursement of antidumping duties                   Circuit reversed the CIT’s holding in
                                                document must be received successfully                   occurred and the subsequent assessment                Deacero III.7 In its holding, the Federal
                                                in its entirety by the Department’s                      of double antidumping duties.                         Circuit reinstated the Department’s
                                                electronic records system, ACCESS, by                      We are issuing and publishing these                 original finding from the Final
                                                5 p.m. Eastern Time (ET) on the due                      results in accordance with sections                   Determination that Deacero’s shipments
                                                date. Documents excepted from the                        751(a)(2)(B) and 777(i)(1) of the Act.                of small diameter wire rod to the United
                                                electronic submission requirements                                                                             States constitute a minor alteration
                                                                                                           Dated: June 28, 2016.
                                                must be filed manually (i.e., in paper                                                                         circumvention of the Order.8
                                                form) with the APO/Dockets Unit in                       Paul Piquado,
                                                                                                                                                               DATES: Effective April 15, 2016.
                                                Room 18022, and stamped with the date                    Assistant Secretary for Enforcement and
                                                                                                         Compliance.                                           FOR FURTHER INFORMATION CONTACT: Eric
                                                and time of receipt by 5 p.m. ET on the                                                                        B. Greynolds, or James Terpstra. AD/
                                                due date.12                                              Appendix I
                                                   The Department intends to issue the                                                                            1 See Deacero S.A.P.I. de C.V. and Deacero USA,

                                                final results of this NSR, which will                    List of Sections in the Preliminary Decision          Inc. v. United States and Arcelormittal USA LLC,
                                                                                                         Memorandum                                            Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain
                                                include the results of its analysis of                                                                         Steel, and Nucor Corporation, Court No. 12–00345,
                                                issues raised in any briefs received, no                 1. Summary                                            Slip Op. 14–151 (December 22, 2014) (Deacero III).
                                                later than 90 days after the date these                  2. Background                                            2 See Final Results of Redetermination Pursuant
                                                                                                         3. Scope of the Order                                 to Deacero S.A. de C.V. and Deacero USA Inc. v.
                                                preliminary results of review are issued                 4. Discussion of the Methodology                      United States and Arcelormittal USA LLC, Gerdau
                                                pursuant to section 751(a)(2)(B) of the                  5. Conclusion                                         Ameristeel U.S. Inc., Evraz Rocky Mountain Steel,
                                                Act.                                                                                                           and Nucor Corporation, Court No. 12–00345; Slip
                                                                                                         [FR Doc. 2016–16694 Filed 7–14–16; 8:45 am]           Op. 13–126 (CIT 2013) (January 29, 2014) (First
                                                Assessment Rates                                         BILLING CODE 3510–DS–P                                Remand Results); Notice of Antidumping Duty
                                                                                                                                                               Orders: Carbon and Certain Alloy Steel Wire Rod
                                                   If the Department proceeds to a final                                                                       from Brazil, Indonesia, Mexico, Moldova, Trinidad
                                                rescission of Durum’s NSR, the                                                                                 and Tobago, and Ukraine, 67 FR 65945 (October 29,
                                                assessment rate to which Durum’s                         DEPARTMENT OF COMMERCE                                2002) (Order).
                                                                                                                                                                  3 See Timken Co. v. United States, 893 F.2d 337
                                                shipments will be subject will not be                    International Trade Administration                    (Fed. Cir. 1990) (Timken).
                                                affected by this review. If the                                                                                   4 See Diamond Sawblades Mfrs. Coalition v.

                                                Department does not proceed to a final                   [A–201–830]                                           United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                rescission of this new shipper review,                                                                         (Diamond Sawblades).
                                                pursuant to 19 CFR 351.212(b)(1), we                     Carbon and Certain Alloy Steel Wire                      5 See Carbon and Certain Alloy Steel Wire Rod

                                                                                                         Rod From Mexico: Notice of Court                      From Mexico: Notice of Court Decision Not in
                                                will calculate importer-specific (or                                                                           Harmony With Final Results and Notice of
                                                customer-specific) assessment rates                      Decision Not in Harmony With                          Amended Final Determination, 80 FR 44326 (July
                                                based on the final results of this review.               Amended Final Determination and                       27, 2015) (Amended Final Determination).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         Notice of Second Amended Final                           6 See Carbon and Certain Alloy Steel Wire Rod


                                                  9 See
                                                                                                         Determination                                         From Mexico: Affirmative Final Determination of
                                                        19 CFR 351.309(d).                                                                                     Circumvention of the Antidumping Duty Order, 77
                                                  10 See 19 CFR 351.310(c).                              AGENCY:  Enforcement and Compliance,                  FR 59892 (October 1, 2012) (Final Determination)
                                                  11 See 19 CFR 351.310(d).
                                                                                                         International Trade Administration,                   and accompanying Issues and Decision
                                                  12 See Antidumping and Countervailing Duty                                                                   Memorandum (Final Decision Memorandum).
                                                                                                         Department of Commerce.                                  7 See Deacero S.A.de C.V. v. United States, 817
                                                Proceedings: Electronic Filing Procedures;
                                                Administrative Protective Order Procedures, 76 FR        SUMMARY: On December 22, 2014, the                    F.3d 1332 (Fed. Cir. 2016) (Deacero IV).
                                                39263 (July 6, 2011).                                    United States Court of International                     8 Id. at 12.




                                           VerDate Sep<11>2014   19:03 Jul 14, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\15JYN1.SGM   15JYN1


                                                46052                              Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices

                                                CVD Operations, Office III, Enforcement                    affirmative anti-circumvention                        diameter that is less than 5.00 mm.21
                                                and Compliance, International Trade                        determination under the minor                         The Federal Circuit also held that
                                                Administration, U.S. Department of                         alteration provision of the statute.15 For            substantial evidence supports the
                                                Commerce, 14th Street and Constitution                     these same reasons, the Department did                Department’s determination that small-
                                                Avenue NW., Washington, DC 20230;                          not request a remand to further consider              diameter steel wire rod was not
                                                telephone: (202) 482–6071, (202) 482–                      ‘‘commercial availability’’ in the context            commercially available prior to the
                                                3965, respectively.                                        of this minor alteration proceeding. On               Order, notwithstanding that some small-
                                                SUPPLEMENTARY INFORMATION:                                 December 22, 2014, the CIT entered                    diameter steel wire rod was in existence
                                                                                                           final judgment sustaining the First                   at some prior time in non-investigated
                                                Background                                                                                                       countries.22 Accordingly, the Federal
                                                                                                           Remand Results.16 Accordingly, July 27,
                                                   On October 1, 2012, the Department                      2015, the Department issued the                       Circuit held that the Department’s
                                                issued the Final Determination in which                    Amended Final Determination in which                  initial finding in the Final
                                                it determined that Deacero’s entries of                    it found that Deacero’s entries of small              Determination that Deacero’s entries of
                                                wire rod with an actual diameter of 4.75                   diameter wire rod were not                            wire rod with an actual diameter of 4.75
                                                mm to 5.00 mm constitute a minor                           circumventing the Order and, thus, were               mm to 5.00 mm constitute a
                                                alteration circumvention of the Order.9                    not subject to antidumping (AD)                       circumventing minor alteration of the
                                                Deacero challenged the Department’s                        duties.17 In the Amended Final                        Order was in accordance with law and
                                                determination. Upon review, the CIT                        Determination, the Department                         supported by substantial evidence.23
                                                remanded the Final Determination,                          indicated that it would instruct Customs
                                                holding that the Department improperly                                                                           Timken Notice
                                                                                                           and Border Protection (CBP) to continue
                                                determined that Deacero’s entries of                       the suspension of liquidation of the                     In its decision in Timken, 893 F.2d at
                                                small diameter wire rod were inside the                    subject merchandise, but set the cash                 341, as clarified by Diamond Sawblades,
                                                scope of the Order despite the fact that                   deposit rate for Deacero’s entries of wire            the Federal Circuit held that, pursuant
                                                small diameter wire rod was                                rod with an actual diameter of 4.75 mm                to section 516A(e) of the Act, the
                                                commercially available before the                          up to 5.00 mm to zero pending a final                 Department must publish a notice of a
                                                investigation and Petitioners 10                           and conclusive court decision.18                      court decision that is not ‘‘in harmony’’
                                                ‘‘consciously chose to limit the Order’s                   Further, in the Amended Final                         with a Department determination and
                                                reach to certain steel products 5.00 mm                    Determination, the Department stated                  must suspend liquidation of entries
                                                or more, but less than 19.00 mm in solid                   that for any AD duties which were                     pending a ‘‘conclusive’’ court decision.
                                                cross-sectional diameter.’’ 11 On                          deposited for Deacero’s entries of wire               The Federal Circuit’s judgement in
                                                remand, based on the Court’s reasoning,                    rod with an actual diameter of 4.75 mm                Deacero IV sustaining the Department’s
                                                the Department found that there was no                     up to 5.00 mm entered from January 1,                 original finding in the Final
                                                alternative but to change the results of                   2015, to July 27, 2015, the publication               Determination that Deacero’s entries of
                                                the anti-circumvention determination                       date of the Amended Final                             wire rod with an actual diameter of 4.75
                                                and find that Deacero’s entries of wire                    Determination, the Department would                   mm to 5.00 mm constitute a minor
                                                rod with an actual diameter of 4.75 mm                     instruct CBP to refund the cash deposit               alteration circumvention of the Order
                                                to 5.00 mm were not within the scope                       upon request but continue to suspend                  constitutes a final decision of the Court
                                                of the Order.12                                            the entries at a zero cash deposit rate.19            that is not in harmony with the
                                                   In Deacero II, the Court held that                                                                            Department’s negative circumvention
                                                                                                              In Deacero IV, the Federal Circuit
                                                although the Department ultimately                                                                               finding in the First Remand Results and
                                                                                                           held that in reversing the Department’s
                                                reached a supportable result in the First                                                                        Amended Final Determination. This
                                                                                                           affirmative circumvention finding in the
                                                Remand Results, remand was                                                                                       notice is published in fulfillment of the
                                                                                                           Final Determination, the CIT erred in its
                                                nonetheless necessary because the                                                                                publication requirements of Timken.
                                                                                                           interpretation of case precedent.20 The
                                                Department arrived at the result by
                                                misinterpreting Deacero I.13 Therefore,                    Federal Circuit found that the CIT                    Amended Final Determination
                                                in Deacero II, the Court instructed the                    incorrectly interpreted Wheatland to
                                                                                                                                                                    Because there is now a final court
                                                Department to explain whether it seeks                     mean that an article cannot be subject to
                                                                                                                                                                 decision, we are amending the
                                                the Court’s leave to revisit the issue of                  an anti-circumvention inquiry if that
                                                                                                                                                                 Amended Final Determination with
                                                commercial availability.14                                 article is not expressly included within
                                                                                                                                                                 respect to Deacero’s entries of wire rod
                                                   In the Second Remand Results, the                       the literal terms of the order.
                                                                                                                                                                 with an actual diameter of 4.75 mm to
                                                Department continued to respectfully                       Specifically, the Federal Circuit
                                                                                                                                                                 5.00 mm. Based on the Federal Circuit’s
                                                disagree with the Court that the                           reasoned that where Wheatland held
                                                                                                                                                                 holding in Deacero IV, Deacero’s entries
                                                ‘‘commercial availability’’ of a product                   that a minor alternation inquiry is
                                                                                                                                                                 of wire rod with an actual diameter of
                                                in the country in question, in a third                     inappropriate when an order expressly
                                                                                                                                                                 4.75 mm to 5.00 mm are covered by the
                                                country or in the United States bars the                   excludes the allegedly altered product,
                                                                                                                                                                 scope of the Order and, thus, subject to
                                                Department from reaching an                                the order at issue contains no explicit
                                                                                                                                                                 AD duties.
                                                                                                           exclusion of steel wire rod with a                       Accordingly, the Department will
                                                  9 See  Final Determination, 77 FR at 59893.                                                                    instruct CBP to continue to suspend
                                                  10 Petitioners                                             15 See Final Results of Redetermination Pursuant
                                                                 are ArcelorMittal USA LLC, Gerdau                                                               liquidation of the subject merchandise
                                                Ameristeel U.S. Inc, Rocky Mountain Steel,                 to Deacero S.A. de C.V. et al., v. United States,
                                                Members of the Wire Rod Producers Coalition and            Court No. 12–00345; Slip Op. 14–99 (CIT August        and, as of January 1, 2015, the effective
                                                Nucor Corporation (Nucor).                                 28, 2014) (Second Remand Results).                    date for the Amended Final
sradovich on DSK3GMQ082PROD with NOTICES




                                                  11 See Deacero S.A. de C.V. v. United States, 37           16 See Deacero III.
                                                                                                                                                                 Determination giving effect to the CIT’s
                                                CIT, 942 F. Supp. 2d 1321, 1324–25 (September 20,            17 See Amended Final Determination, 80 FR at
                                                                                                                                                                 since-reversed final judgment, to set the
                                                2013) (Deacero I); Deacero Remand, Slip Op. 13–            44327.
                                                126 at 15.                                                   18 Id.
                                                                                                                                                                 cash deposit rate for Deacero’s entries of
                                                  12 See First Remand Results at 6.                          19 Id.
                                                                                                                                                                 wire rod with an actual diameter of 4.75
                                                  13 See Deacero S.A.P.I. de C.V. v. United States,          20 See Deacero IV, 817 F.3d at 1337–39, citing to
                                                                                                                                                                   21 See  Deacero IV, 817 F.3d at 1338.
                                                Slip Op. 14–99, 2014 WL 4244349, * 1–3 (August             Deacero I, 942 F. Supp. 2d at 1328–1332 quoting
                                                28, 2014) (Deacero II) at 11–12.                           Wheatland Tube Co. v. United States, 161 F.3d           22 Id. at 1339.
                                                  14 Id. at 12.                                            1365, 1370 (Fed. Cir. 1998) (Wheatland).                23 Id. at 1339.




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                                                                                          Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices                                                                                             46053

                                                mm to 5.00 mm to the applicable cash                                   from Deacero that entered the United                                         Final Determination, we will instruct
                                                deposit rate as determined in                                          States on or after January 1, 2015, whose                                    CBP to collect cash deposits at the
                                                administrative reviews.24 Specifically,                                entries were suspended at a zero cash                                        following rates:
                                                for entries of small diameter wire rod                                 deposit rate subject to the Amended

                                                                                                                                                                                                                                                        Applicable
                                                                                     On or after                                                                                            Before                                                     cash deposit
                                                                                                                                                                                                                                                           rate

                                                January 1, 2015 ..........................................................................     June 22, 2015 ............................................................................                   25 12.08

                                                June 22, 2015 .............................................................................    May 19, 2016 .............................................................................                    26 0.00

                                                May 19, 2016 ..............................................................................    .....................................................................................................         27 1.13




                                                Additionally, with regard to any of                                    meeting will support detailed                                                August 23, 2016, from 9:00 a.m. until
                                                Deacero’s unliquidated entries of wire                                 recommendations to strengthen                                                5:00 p.m. Central Time. All sessions
                                                rod with an actual diameter of 4.75 mm                                 cybersecurity in both the public and                                         will be open to the public. The
                                                to 5.00 mm for which an administrative                                 private sectors while protecting privacy,                                    Commission is authorized by Executive
                                                review has been completed, we will                                     ensuring public safety and economic                                          Order 13718, Commission on Enhancing
                                                instruct CBP to assess AD duties at the                                and national security, fostering                                             National Cybersecurity.1 The
                                                applicable rates.                                                      discovery and development of new                                             Commission was established by the
                                                                                                                       technical solutions, and bolstering                                          President and will make detailed
                                                Notification to Interested Parties
                                                                                                                       partnerships between Federal, State,                                         recommendations to strengthen
                                                  This notice is issued and published in                               local, tribal and territorial governments                                    cybersecurity in both the public and
                                                accordance with sections 516A(e)(1),                                   and the private sector in the                                                private sectors while protecting privacy,
                                                751(a)(1), and 777(i)(1) of the Act.                                   development, promotion, and use of                                           ensuring public safety and economic
                                                  Dated: July 8, 2016.                                                 cybersecurity technologies, policies, and                                    and national security, fostering
                                                Paul Piquado,                                                          best practices. All sessions will be open                                    discovery and development of new
                                                Assistant Secretary for Enforcement and                                to the public.                                                               technical solutions, and bolstering
                                                Compliance.                                                            DATES: The meeting will be held on                                           partnerships between Federal, state,
                                                [FR Doc. 2016–16803 Filed 7–14–16; 8:45 am]                            Tuesday, August 23, 2016, from 9:00                                          local, tribal and territorial governments
                                                BILLING CODE 3510–DS–P                                                 a.m. until 5:00 p.m. Central Time.                                           and the private sector in the
                                                                                                                                                                                                    development, promotion, and use of
                                                                                                                       ADDRESSES: The meeting will be held at
                                                                                                                                                                                                    cybersecurity technologies, policies, and
                                                                                                                       the University of Minnesota’s TCF Bank
                                                DEPARTMENT OF COMMERCE                                                                                                                              best practices.
                                                                                                                       Stadium-DQ Club Room, 3rd Level,                                               The agenda is expected to include the
                                                                                                                       located at 420 SE 23rd Avenue,                                               following items:
                                                National Institute of Standards and
                                                                                                                       Minneapolis, Minnesota 55455. The
                                                Technology                                                                                                                                          —Introductions.
                                                                                                                       meeting is open to the public and
                                                                                                                                                                                                    —Panel discussion on the challenges
                                                Open Meeting of the Commission on                                      interested parties are requested to
                                                                                                                                                                                                      confronting the consumers in the
                                                Enhancing National Cybersecurity                                       contact Sara Kerman at the contact
                                                                                                                                                                                                      digital economy.
                                                                                                                       information indicated in the FOR
                                                AGENCY: National Institute of Standards                                                                                                             —Panel discussion on innovation
                                                                                                                       FURTHER INFORMATION CONTACT section of
                                                and Technology, Commerce.                                                                                                                             (Internet of Things, healthcare, and
                                                                                                                       this notice in advance of the meeting for
                                                ACTION: Notice.
                                                                                                                                                                                                      other areas).
                                                                                                                       building entrance requirements.                                              —Panel discussion on assured products
                                                SUMMARY:   The Commission on                                           FOR FURTHER INFORMATION CONTACT: Sara                                          and services.
                                                Enhancing National Cybersecurity will                                  Kerman, Information Technology                                               —Conclusion.
                                                meet Tuesday, August 23, 2016, from                                    Laboratory, National Institute of                                            Note that agenda items may change
                                                9:00 a.m. until 5:00 p.m. Central Time                                 Standards and Technology, 100 Bureau                                         without notice. The final agenda will be
                                                at the University of Minnesota’s TCF                                   Drive, Stop 2000, Gaithersburg, MD                                           posted on http://www.nist.gov/
                                                Bank Stadium-DQ Club Room. The                                         20899–8900, telephone: 301–975–4634,                                         cybercommission. Seating will be
                                                primary purpose of the meeting is to                                   or by email at: eo-commission@nist.gov.                                      available for the public and media. No
                                                discuss the challenges and                                             Please use subject line ‘‘Open Meeting of                                    registration is required to attend this
                                                opportunities for organizations and                                    the Commission on Enhancing National                                         meeting; however, on-site attendees are
                                                consumers in securing the digital                                      Cybersecurity—MN’’.                                                          asked to voluntarily sign in and space
                                                economy. In particular, the meeting will                               SUPPLEMENTARY INFORMATION: Pursuant                                          will be available on a first-come, first-
                                                address: (1) Challenges confronting                                    to the Federal Advisory Committee Act,                                       served basis.
                                                consumers in the digital economy; (2)                                  as amended, 5 U.S.C. App., notice is                                           Public Participation: The Commission
                                                innovation (Internet of Things,                                        hereby given that the Commission on                                          agenda will include a period of time,
                                                healthcare, and other areas); and (3)                                  Enhancing National Cybersecurity (‘‘the                                      not to exceed fifteen minutes, for oral
                                                assured products and services. The                                     Commission’’) will meet Tuesday,                                             comments from the public on Tuesday,
sradovich on DSK3GMQ082PROD with NOTICES




                                                  24 As of January 1, 2015, the cash deposit rate                      Certain Alloy Steel Wire Rod From Mexico: Final                                 25 See   10/11 Final Results, 78 FR at 28191.
                                                applicable to Deacero’s entries of subject                             Results of Administrative Review: 2012–2013, 80 FR                              26 See   12/13 Amended Final Results, 80 FR at
                                                merchandise was 12.08 percent, as established in                       35626, 35627 (June 22, 2015) (12/13 Amended Final                            35627.
                                                Carbon and Certain Alloy Steel Wire Rod From                           Results), and 1.13 percent in Carbon and Certain                               27 See 13/14 Amended Final Results, 81 FR at

                                                Mexico: Final Results of Administrative Review:                        Alloy Steel Wire Rod From Mexico: Amended Final                              41522.
                                                2010–2011, 78 FR 28190, 28191 (May 14, 2013) (10/                      Results of Administrative Review: 2013–2014, 81 FR                             1 https://www.federalregister.gov/articles/2016/

                                                11 Final Results). Deacero’s cash deposit rate was                     41521, 41522 (June 27, 2016) (13/14 Amended Final                            02/12/2016-03038/commission-on-enhancing-
                                                subsequently revised to zero percent in Carbon and                     Results.).                                                                   national-cybersecurity.



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Document Created: 2016-07-15 02:53:01
Document Modified: 2016-07-15 02:53:01
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 April 15, 2016.
ContactEric B. Greynolds, or 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- 6071, (202) 482-3965, respectively.
FR Citation81 FR 46051 

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