81_FR_80859 81 FR 80638 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 80638 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range80638-80640
FR Document2016-27518

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbon and certain alloy steel wire rod (wire rod) from Mexico. The period of review (POR) is October 1, 2014 through September 30, 2015. This review covers two producers/exporters of the subject merchandise: Deacero S.A.P.I. de C.V. (aka Deacero S.A. de C.V., hereinafter referred to as Deacero) and ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). We preliminarily determine that Deacero made sales of subject merchandise at less than normal value (NV) during the POR. Additionally, we preliminarily determine that AMLT had no shipments during the POR. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016)
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80638-80640]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27518]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on carbon and 
certain alloy steel wire rod (wire rod) from Mexico. The period of 
review (POR) is October 1, 2014 through September 30, 2015. This review 
covers two producers/exporters of the subject merchandise: Deacero 
S.A.P.I. de C.V. (aka Deacero S.A. de C.V., hereinafter referred to as 
Deacero) and ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). We 
preliminarily determine that Deacero made sales of subject merchandise 
at less than normal value (NV) during the POR. Additionally, we 
preliminarily determine that AMLT had no shipments during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective November 16, 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.

Background

    On December 3, 2015, the Department published a notice of 
initiation \1\ of an administrative review of the antidumping duty 
order on wire rod from Mexico.\2\ On June 27, 2016, the Department 
extended the deadline for the preliminary results to November 4, 
2016.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 75657 (December 3, 2015).
    \2\ See Notice of Antidumping Duty Orders: Carbon and Certain 
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) 
(Wire Rod Order).
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Carbon and Certain Alloy Steel Wire Rod from Mexico: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated June 27, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Wire Rod Order is carbon and certain 
alloy steel wire rod. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093, 7213.91.4500, 
7213.91.4510, 7213.91.4590, 7213.91.6000, 7213.91.6010, 7213.91.6090, 
7213.99.0030, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0000, 
7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090, 
7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, 7227.90.6035, 
7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058, 7227.90.6059, 
7227.90.6080, and 7227.90.6085 of the HTSUS. Although the HTS numbers 
are provided for convenience and customs purposes, the written product 
description remains dispositive.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of 2014/15 Antidumping Duty 
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from 
Mexico'' (Preliminary Decision Memorandum), dated concurrently with 
these preliminary results.
---------------------------------------------------------------------------

    On October 1, 2012, the Department determined that wire rod with an 
actual diameter of 4.75 mm to 5.00 mm (hereinafter referred to as 
narrow gauge wire rod) produced in Mexico and exported to the United 
States by Deacero was circumventing the Wire Rod Order.\5\ 
Specifically, the Department determined that Deacero's shipments to the 
United States of narrow gauge wire rod constitute merchandise altered 
in form or appearance in such minor respects that it should be included 
within the scope of the Wire Rod Order.\6\ The Department's affirmative 
finding in the Final Circumvention Determination applied solely to 
Deacero.
---------------------------------------------------------------------------

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

    The Federal Circuit upheld the Department's finding in the Final 
Circumvention Determination that narrow gauge wire rod produced in 
Mexico and exported to the United States by Deacero was circumventing 
the Wire Rod Order.\7\ As a result, we have treated Deacero's sales of 
narrow

[[Page 80639]]

gauge wire rod to the United States as subject merchandise.
---------------------------------------------------------------------------

    \7\ See Deacero S.A. de C.V. v. United States, No. 15-1362 
(Federal Circuit) (April 5, 2016) (Deacero) at 12.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    AMLT reported that it made no sales of subject merchandise during 
the POR.\8\ On December 24, 2015, we issued a no-shipment inquiry to 
U.S. Customs and Border Protection (CBP) to confirm AMLT's claim of no 
shipments. We did not receive any contradictory information from 
CBP.\9\ Based on AMLT's claim of no shipments and because no 
information to the contrary was received by the Department from CBP, we 
preliminarily determine that AMLT had no shipments of subject 
merchandise, and, therefore, no reviewable transactions, during the 
POR. For a full discussion of this determination, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See AMLT's no-shipment certification letter, dated December 
14, 2015.
    \9\ See the Department's no-shipment inquiry message to CBP, 
dated December 24, 2015.
---------------------------------------------------------------------------

Methodology

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

Preliminary Results of the Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V. (aka Deacero S.A. de C.V.)........       17.02
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales in accordance with 
19 CFR 351.212(b)(1).\10\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., 0.50 percent). Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review where applicable.
---------------------------------------------------------------------------

    \10\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

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

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for Deacero will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this administrative review 
but covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established in the completed segment for the most recent 
period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 20.11 percent, the all-others rate established in the 
investigation.\11\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Carbon and Certain Alloy Steel Wire Rod From Mexico, 67 
FR 55800 (August 30, 2002).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days of the date of publication of these preliminary results.\12\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\13\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) A 
statement of the issue, (2) a brief summary of the argument, and (3) a 
table of authorities.\14\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by

[[Page 80640]]

the Department's electronic records system, ACCESS.
---------------------------------------------------------------------------

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

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\15\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\16\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. No Shipments
IV. Scope of the Order
V. Discussion of Methodology
    A. Sales Reporting
    B. Date of Sale
    C. Comparisons to Normal Value
    D. Product Comparisons
    E. Determination of Comparison Method
    F. Results of Differential Pricing (DP) Analysis
    G. U.S. Price
    H. Normal Value
    I. Cost of Production Analysis
    J. Affiliated Respondents
    K. Currency Conversion
VI. Recommendation

[FR Doc. 2016-27518 Filed 11-15-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    80638                    Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices

                                                                                            Antidumping duty proceedings                                                            Department contact

                                                    Certain Cut-To-Length Carbon-Quality Steel Plate from Republic of Korea (C–580–837) (3rd Review)                   David Goldberger, (202) 482–4136.

                                                                                                                      Suspended Investigations

                                                    No Sunset Review of suspended investigations is scheduled for initiation in December 2016.



                                                       The Department’s procedures for the                  two producers/exporters of the subject                7213.91.6010, 7213.91.6090,
                                                    conduct of Sunset Reviews are set forth                 merchandise: Deacero S.A.P.I. de C.V.                 7213.99.0030, 7213.99.0031,
                                                    in 19 CFR 351.218. The Notice of                        (aka Deacero S.A. de C.V., hereinafter                7213.99.0038, 7213.99.0090,
                                                    Initiation of Five-Year (‘‘Sunset’’)                    referred to as Deacero) and                           7227.20.0000, 7227.20.0010,
                                                    Reviews provides further information                    ArcelorMittal Las Truchas, S.A. de C.V.               7227.20.0020, 7227.20.0030,
                                                    regarding what is required of all parties               (AMLT). We preliminarily determine                    7227.20.0080, 7227.20.0090,
                                                    to participate in Sunset Reviews.                       that Deacero made sales of subject                    7227.20.0095, 7227.90.6010,
                                                       Pursuant to 19 CFR 351.103(c), the                   merchandise at less than normal value                 7227.90.6020, 7227.90.6030,
                                                    Department will maintain and make                       (NV) during the POR. Additionally, we                 7227.90.6035, 7227.90.6050,
                                                    available a service list for these                      preliminarily determine that AMLT had                 7227.90.6051, 7227.90.6053,
                                                    proceedings. To facilitate the timely                   no shipments during the POR.                          7227.90.6058, 7227.90.6059,
                                                    preparation of the service list(s), it is               Interested parties are invited to                     7227.90.6080, and 7227.90.6085 of the
                                                    requested that those seeking recognition                comment on these preliminary results.                 HTSUS. Although the HTS numbers are
                                                    as interested parties to a proceeding                   DATES: Effective November 16, 2016.                   provided for convenience and customs
                                                    contact the Department in writing                                                                             purposes, the written product
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    within 10 days of the publication of the                                                                      description remains dispositive.4
                                                    Notice of Initiation.                                   James Terpstra AD/CVD Operations,                        On October 1, 2012, the Department
                                                       Please note that if the Department                   Office III, Enforcement and Compliance,               determined that wire rod with an actual
                                                    receives a Notice of Intent to Participate              International Trade Administration,                   diameter of 4.75 mm to 5.00 mm
                                                    from a member of the domestic industry                  U.S. Department of Commerce, 14th                     (hereinafter referred to as narrow gauge
                                                    within 15 days of the date of initiation,               Street and Constitution Avenue NW.,                   wire rod) produced in Mexico and
                                                    the review will continue. Thereafter,                   Washington, DC 20230; telephone 202–                  exported to the United States by
                                                    any interested party wishing to                         482–3965.                                             Deacero was circumventing the Wire
                                                    participate in the Sunset Review must                   Background                                            Rod Order.5 Specifically, the
                                                    provide substantive comments in                                                                               Department determined that Deacero’s
                                                    response to the notice of initiation no                    On December 3, 2015, the Department                shipments to the United States of
                                                    later than 30 days after the date of                    published a notice of initiation 1 of an              narrow gauge wire rod constitute
                                                    initiation.                                             administrative review of the                          merchandise altered in form or
                                                       This notice is not required by statute               antidumping duty order on wire rod                    appearance in such minor respects that
                                                    but is published as a service to the                    from Mexico.2 On June 27, 2016, the                   it should be included within the scope
                                                    international trading community.                        Department extended the deadline for                  of the Wire Rod Order.6 The
                                                                                                            the preliminary results to November 4,                Department’s affirmative finding in the
                                                      Dated: November 2, 2016.
                                                                                                            2016.3                                                Final Circumvention Determination
                                                    Christian Marsh,
                                                    Deputy Assistant Secretary for Antidumping              Scope of the Order                                    applied solely to Deacero.
                                                    and Countervailing Duty Operations.                                                                              The Federal Circuit upheld the
                                                                                                               The merchandise covered by the Wire                Department’s finding in the Final
                                                    [FR Doc. 2016–27582 Filed 11–15–16; 8:45 am]            Rod Order is carbon and certain alloy                 Circumvention Determination that
                                                    BILLING CODE 3510–DS–P                                  steel wire rod. The product is currently              narrow gauge wire rod produced in
                                                                                                            classified under the Harmonized Tariff                Mexico and exported to the United
                                                                                                            Schedule of the United States (HTSUS)                 States by Deacero was circumventing
                                                    DEPARTMENT OF COMMERCE                                  item numbers 7213.91.3000,                            the Wire Rod Order.7 As a result, we
                                                    International Trade Administration                      7213.91.3010, 7213.91.3011,                           have treated Deacero’s sales of narrow
                                                                                                            7213.91.3015, 7213.91.3020,
                                                    [A–201–830]                                             7213.91.3090, 7213.91.3091,                              4 For a complete description of the scope of the

                                                                                                            7213.91.3092, 7213.91.3093,                           order, see Memorandum from Christian Marsh,
                                                    Carbon and Certain Alloy Steel Wire                     7213.91.4500, 7213.91.4510,                           Deputy Assistant Secretary for Antidumping and
                                                    Rod From Mexico: Preliminary Results                    7213.91.4590, 7213.91.6000,                           Countervailing Duty Operations, to Paul Piquado,
                                                    of Antidumping Duty Administrative                                                                            Assistant Secretary for Enforcement and
                                                                                                                                                                  Compliance, ‘‘Decision Memorandum for
                                                    Review; 2014–2015                                         1 See Initiation of Antidumping and                 Preliminary Results of 2014/15 Antidumping Duty
                                                                                                            Countervailing Duty Administrative Reviews, 80 FR     Administrative Review: Carbon and Certain Alloy
                                                    AGENCY:  Enforcement and Compliance,                    75657 (December 3, 2015).                             Steel Wire Rod from Mexico’’ (Preliminary Decision
                                                    International Trade Administration,                       2 See Notice of Antidumping Duty Orders: Carbon     Memorandum), dated concurrently with these
                                                    U.S. Department of Commerce.                            and Certain Alloy Steel Wire Rod from Brazil,         preliminary results.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Indonesia, Mexico, Moldova, Trinidad and Tobago,         5 See Carbon and Certain Alloy Steel Wire Rod
                                                    SUMMARY: The Department of Commerce
                                                                                                            and Ukraine, 67 FR 65945 (October 29, 2002) (Wire     From Mexico: Affirmative Final Determination of
                                                    (the Department) is conducting an                       Rod Order).                                           Circumvention of the Antidumping Order, 77 FR
                                                    administrative review of the                              3 See Memorandum to Christian Marsh, Deputy         59892 (October 1, 2012) (Final Circumvention
                                                    antidumping duty order on carbon and                    Assistant Secretary for Antidumping and               Determination) and accompanying Issues and
                                                                                                            Countervailing Duty Operations, ‘‘Carbon and          Decision Memorandum.
                                                    certain alloy steel wire rod (wire rod)                                                                          6 Id.
                                                                                                            Certain Alloy Steel Wire Rod from Mexico:
                                                    from Mexico. The period of review                       Extension of Deadline for Preliminary Results of         7 See Deacero S.A. de C.V. v. United States, No.
                                                    (POR) is October 1, 2014 through                        Antidumping Duty Administrative Review,’’ dated       15–1362 (Federal Circuit) (April 5, 2016) (Deacero)
                                                    September 30, 2015. This review covers                  June 27, 2016.                                        at 12.



                                               VerDate Sep<11>2014   16:23 Nov 15, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                                                            Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices                                                    80639

                                                    gauge wire rod to the United States as                                                           Weighted-    Cash Deposit Requirements
                                                    subject merchandise.                                                                              average       The following cash deposit
                                                                                                                     Producer/exporter               dumping
                                                    Preliminary Determination of No                                                                    margin     requirements will be effective upon
                                                    Shipments                                                                                        (percent)    publication of the notice of final results
                                                                                                                                                                  of administrative review for all
                                                      AMLT reported that it made no sales                   Deacero S.A.P.I. de C.V. (aka                         shipments of subject merchandise
                                                    of subject merchandise during the POR.8                   Deacero S.A. de C.V.) ............       17.02
                                                    On December 24, 2015, we issued a no-                                                                         entered, or withdrawn from warehouse,
                                                    shipment inquiry to U.S. Customs and                                                                          for consumption on or after the
                                                                                                            Assessment Rate                                       publication of the final results of this
                                                    Border Protection (CBP) to confirm
                                                    AMLT’s claim of no shipments. We did                                                                          administrative review, as provided by
                                                                                                               Upon issuance of the final results, the            section 751(a)(2) of the Act: (1) The cash
                                                    not receive any contradictory                           Department shall determine, and CBP
                                                    information from CBP.9 Based on                                                                               deposit rate for Deacero will be equal to
                                                                                                            shall assess, antidumping duties on all               the weighted-average dumping margin
                                                    AMLT’s claim of no shipments and                        appropriate entries covered by this
                                                    because no information to the contrary                                                                        established in the final results of this
                                                                                                            review. For any individually examined                 administrative review; (2) for
                                                    was received by the Department from                     respondents whose weighted-average
                                                    CBP, we preliminarily determine that                                                                          merchandise exported by manufacturers
                                                                                                            dumping margin is above de minimis,                   or exporters not covered in this
                                                    AMLT had no shipments of subject                        we will calculate importer-specific ad
                                                    merchandise, and, therefore, no                                                                               administrative review but covered in a
                                                                                                            valorem duty assessment rates based on                prior completed segment of the
                                                    reviewable transactions, during the
                                                                                                            the ratio of the total amount of dumping              proceeding, the cash deposit rate will
                                                    POR. For a full discussion of this
                                                                                                            calculated for the importer’s examined                continue to be the company-specific rate
                                                    determination, see the Preliminary
                                                    Decision Memorandum.                                    sales to the total entered value of those             published in the completed segment for
                                                                                                            same sales in accordance with 19 CFR                  the most recent period; (3) if the
                                                    Methodology                                             351.212(b)(1).10 We will instruct CBP to              exporter is not a firm covered in this
                                                      The Department is conducting this                     assess antidumping duties on all                      review, a prior review, or the original
                                                    review in accordance with section                       appropriate entries covered by this                   investigation, but the manufacturer is,
                                                    751(a)(2) of the Tariff Act of 1930, as                 review when the importer-specific                     the cash deposit rate will be the rate
                                                    amended (the Act). Constructed export                   assessment rate calculated in the final               established in the completed segment
                                                    prices or export prices are calculated in               results of this review is above de                    for the most recent period for the
                                                    accordance with section 772 of the Act.                 minimis (i.e., 0.50 percent). Where                   manufacturer of the merchandise; and
                                                    Normal value is calculated in                           either the respondent’s weighted-                     (4) the cash deposit rate for all other
                                                    accordance with section 773 of the Act.                 average dumping margin is zero or de                  manufacturers or exporters will
                                                      For a full description of the                         minimis, or an importer-specific                      continue to be 20.11 percent, the all-
                                                    methodology underlying our                              assessment rate is zero or de minimis,                others rate established in the
                                                    conclusions, see the Preliminary                        we will instruct CBP to liquidate the                 investigation.11 These cash deposit
                                                    Decision Memorandum. A list of topics                   appropriate entries without regard to                 requirements, when imposed, shall
                                                    discussed in the Preliminary Decision                   antidumping duties. The final results of              remain in effect until further notice.
                                                    Memorandum is included as an                            this review shall be the basis for the
                                                    appendix to this notice. The Preliminary                                                                      Disclosure and Public Comment
                                                                                                            assessment of antidumping duties on
                                                    Decision Memorandum is a public                         entries of merchandise covered by the                    The Department intends to disclose to
                                                    document and is on file electronically                  final results of this review where                    parties to this proceeding the
                                                    via Enforcement and Compliance’s                        applicable.                                           calculations performed in reaching the
                                                    Antidumping and Countervailing Duty                                                                           preliminary results within five days of
                                                    Centralized Electronic Service System                      In accordance with the Department’s                the date of publication of these
                                                    (ACCESS). ACCESS is available to                        ‘‘automatic assessment’’ practice, for                preliminary results.12 Pursuant to 19
                                                    registered users at https://                            entries of subject merchandise during                 CFR 351.309(c)(1)(ii), interested parties
                                                    access.trade.gov and is available to all                the POR produced by each respondent                   may submit case briefs not later than 30
                                                    parties in the Central Records Unit,                    for which they did not know that their                days after the date of publication of this
                                                    Room B8024 of the main Department of                    merchandise was destined for the                      notice. Rebuttal briefs, limited to issues
                                                    Commerce building. In addition, a                       United States, we will instruct CBP to                raised in the case briefs, may be filed
                                                    complete version of the Preliminary                     liquidate unreviewed entries at the all-              not later than five days after the date for
                                                    Decision Memorandum can be accessed                     others rate if there is no rate for the               filing case briefs.13 Parties who submit
                                                    directly on the Internet at http://                     intermediate company(ies) involved in                 case briefs or rebuttal briefs in this
                                                    enforcement.trade.gov/frn/index.html.                   the transaction. For a full discussion of             proceeding are requested to submit with
                                                    The signed Preliminary Decision                         this clarification, see Antidumping and               the argument: (1) A statement of the
                                                    Memorandum and the electronic                           Countervailing Duty Proceedings:                      issue, (2) a brief summary of the
                                                    version of the Preliminary Decision                     Assessment of Antidumping Duties, 68                  argument, and (3) a table of
                                                    Memorandum are identical in content.                    FR 23954 (May 6, 2003).                               authorities.14 All briefs must be filed
                                                    Preliminary Results of the Review                          We intend to issue instructions to                 electronically using ACCESS. An
                                                                                                            CBP 15 days after publication of the                  electronically filed document must be
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                                                      As a result of this review, we                        final results of this review.                         received successfully in its entirety by
                                                    preliminarily determine that the
                                                    weighted-average dumping margin for                       10 In these preliminary results, the Department
                                                                                                                                                                    11 See Notice of Final Determination of Sales at
                                                    the POR is as follows:                                  applied the assessment rate calculation method        Less Than Fair Value: Carbon and Certain Alloy
                                                                                                            adopted in Antidumping Proceedings: Calculation       Steel Wire Rod From Mexico, 67 FR 55800 (August
                                                      8 See AMLT’s no-shipment certification letter,
                                                                                                            of the Weighted-Average Dumping Margin and            30, 2002).
                                                                                                                                                                    12 See 19 CFR 351.224(b).
                                                    dated December 14, 2015.                                Assessment Rate in Certain Antidumping
                                                                                                                                                                    13 See 19 CFR 351.309(d).
                                                      9 See the Department’s no-shipment inquiry            Proceedings: Final Modification, 77 FR 8101
                                                    message to CBP, dated December 24, 2015.                (February 14, 2012).                                    14 See 19 CFR 351.309(c)(2) and (d)(2).




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                                                    80640                     Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices

                                                    the Department’s electronic records                         D. Product Comparisons                              administrative review.1 The Department
                                                    system, ACCESS.                                             E. Determination of Comparison Method               gave interested parties an opportunity to
                                                       Interested parties who wish to request                   F. Results of Differential Pricing (DP)             comment on the Preliminary Results.
                                                    a hearing must submit a written request                        Analysis                                         We received no comments. The
                                                                                                                G. U.S. Price
                                                    to the Assistant Secretary for                                                                                  Department conducted this review in
                                                                                                                H. Normal Value
                                                    Enforcement and Compliance, U.S.                            I. Cost of Production Analysis                      accordance with section 751(a)(2) of the
                                                    Department of Commerce, using                               J. Affiliated Respondents                           Tariff Act of 1930, as amended (the Act).
                                                    Enforcement and Compliance’s ACCESS                         K. Currency Conversion                              Scope of the Order
                                                    system within 30 days of publication of                   VI. Recommendation
                                                    this notice.15 Requests should contain                                                                             The merchandise subject to the order
                                                                                                              [FR Doc. 2016–27518 Filed 11–15–16; 8:45 am]
                                                    the party’s name, address, and                                                                                  is certain small diameter carbon and
                                                                                                              BILLING CODE 3510–DS–P
                                                    telephone number, the number of                                                                                 alloy seamless standard, line, and
                                                    participants, and a list of the issues to                                                                       pressure pipe (under 41⁄2 inches) from
                                                    be discussed. If a request for a hearing                  DEPARTMENT OF COMMERCE                                Japan, which is currently classified
                                                    is made, we will inform parties of the                                                                          under subheading 7304.10.10.30,
                                                    scheduled date for the hearing which                      International Trade Administration                    7304.10.10.45, 7304.10.10.60,
                                                    will be held at the U.S. Department of                                                                          7304.10.50.50, 7304.19.10.30,
                                                    Commerce, 14th Street and Constitution                    [A–588–851]                                           7304.19.10.45, 7304.19.10.60,
                                                    Avenue NW., Washington, DC 20230, at                                                                            7304.19.50.50, 7304.31.60.10,
                                                    a time and location to be determined.16                   Certain Small Diameter Carbon and                     7304.31.60.50, 7304.39.00.04,
                                                    Parties should confirm by telephone the                   Alloy Seamless Standard, Line, and                    7304.39.00.06, 7304.39.00.08,
                                                    date, time, and location of the hearing.                  Pressure Pipe (Under 41⁄2 Inches) From                7304.39.00.36, 7304.39.00.40,
                                                       Unless the deadline is extended                        Japan: Final Results of Antidumping                   7304.39.00.44, 7304.39.00.48,
                                                    pursuant to section 751(a)(3)(A) of the                   Duty Administrative Review and Final                  7304.39.00.52, 7304.39.00.56,
                                                    Act and 19 CFR 351.213(h)(2), the                         Determination of No Shipments; 2014–                  7304.39.00.62, 7304.39.00.68,
                                                    Department will issue the final results                   2015                                                  7304.39.00.72, 7304.51.50.15,
                                                    of this administrative review, including                                                                        7304.51.50.45, 7304.51.50.60,
                                                                                                              AGENCY:   Enforcement and Compliance,                 7304.59.20.30, 7304.59.20.55,
                                                    the results of our analysis of the issues                 International Trade Administration,
                                                    raised by the parties in their case briefs,                                                                     7304.59.20.60, 7304.59.20.70,
                                                                                                              Department of Commerce.                               7304.59.60.00, 7304.59.80.30,
                                                    within 120 days after issuance of these
                                                    preliminary results.                                      SUMMARY: On July 12, 2016, the                        7304.59.80.35, 7304.59.80.40,
                                                                                                              Department of Commerce (the                           7304.59.80.45, 7304.59.80.50,
                                                    Notification to Importers                                 Department) published the preliminary                 7304.59.80.55, 7304.59.80.60,
                                                      This notice serves as a preliminary                     results of the administrative review of               7304.59.80.65, and 7304.59.80.70 of the
                                                    reminder to importers of their                            the antidumping duty order on certain                 Harmonized Tariff Schedule of the
                                                    responsibility under 19 CFR                               small diameter carbon and alloy                       United States (HTSUS). Although the
                                                    351.402(f)(2) to file a certificate                       seamless standard, line, and pressure                 HTSUS subheadings are provided for
                                                    regarding the reimbursement of                            pipe (under 41⁄2 inches) from Japan. The              convenience and customs purposes, the
                                                    antidumping duties prior to liquidation                   period of review (POR) is June 1, 2014,               written description of the merchandise
                                                    of the relevant entries during this                       through May 31, 2015. The review                      subject to the order is dispositive.2
                                                    review period. Failure to comply with                     covers five producers or exporters of                 Final Determination of No Shipments
                                                    this requirement could result in the                      subject merchandise. We invited parties
                                                                                                              to comment on the Preliminary Results.                  As noted in the Preliminary Results,
                                                    Department’s presumption that
                                                                                                              None were received. Accordingly, for                  the Department received a claim of no
                                                    reimbursement of antidumping duties
                                                                                                              the final results, we continue to find                shipments from NKK. In the Preliminary
                                                    occurred and the subsequent assessment
                                                                                                              that that NKK Tubes (NKK) had no                      Results, the Department preliminarily
                                                    of double antidumping duties.
                                                      These preliminary results of review                     shipments during the POR. Further, we                 found that NKK did not have reviewable
                                                                                                              continue to find that subject                         entries during the POR. Additionally,
                                                    are issued and published in accordance
                                                                                                              merchandise has been sold in the                      the Department stated in the
                                                    with sections 751(a)(1) and 777(i)(1) of
                                                                                                              United States at less than normal value               Preliminary Results that it was not
                                                    the Act.
                                                                                                              by JFE Steel Corporation (JFE), Nippon                appropriate to rescind the review with
                                                      Dated: November 3, 2016.
                                                                                                              Steel & Sumitomo Metal Corporation
                                                    Paul Piquado,                                                                                                      1 See Certain Small Diameter Carbon and Alloy
                                                                                                              (NSSMC), Nippon Steel Corporation                     Seamless Standard, Line, and Pressure Pipe (Under
                                                    Assistant Secretary for Enforcement and                   (NSC), and Sumitomo Metal Industries,                 4 ⁄2 Inches) from Japan: Preliminary Results of
                                                                                                                                                                     1
                                                    Compliance.
                                                                                                              Ltd. (SMI).                                           Antidumping Duty Administrative Review and
                                                    Appendix                                                                                                        Preliminary Determination of No Shipments; 2014–
                                                                                                              DATES: Effective November 16, 2016.
                                                                                                                                                                    2015, 81 FR 45124 (July 12, 2016) (Preliminary
                                                    List of Topics Discussed in the Preliminary               FOR FURTHER INFORMATION CONTACT:                      Results).
                                                    Decision Memorandum                                       Peter Zukowski, AD/CVD Operations,                       2 For a full description of the scope of the order,

                                                                                                              Office I, Enforcement and Compliance,                 see the ‘‘Preliminary Decision Memorandum for the
                                                    I. Summary                                                                                                      Administrative Review of the Antidumping Duty
                                                    II. Background                                            International Trade Administration,
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                                                                                                                                                                    Order on Certain Small Diameter Carbon and Alloy
                                                    III. No Shipments                                         U.S. Department of Commerce, 1401                     Seamless Standard, Line, and Pressure Pipe (Under
                                                    IV. Scope of the Order                                    Constitution Avenue NW., Washington,                  41⁄2 Inches) from Japan; 2014–2015 Administrative
                                                    V. Discussion of Methodology                              DC 20230; telephone: (202) 482–0189.                  Review’’ from Gary Taverman, Associate Deputy
                                                       A. Sales Reporting                                                                                           Assistant Secretary for Antidumping and
                                                       B. Date of Sale                                        SUPPLEMENTARY INFORMATION:                            Countervailing Duty Operations, to Ronald K.
                                                                                                                                                                    Lorentzen, Acting Assistant Secretary for
                                                       C. Comparisons to Normal Value                         Background                                            Enforcement and Compliance, dated July 5, 2016,
                                                                                                                                                                    which can be accessed directly at http://
                                                      15 See   19 CFR 351.310(c).                               On July 12, 2016, the Department                    enforcement.trade.gov/frn/, (Preliminary Decision
                                                      16 See   19 CFR 351.310.                                published the Preliminary Results of the              Memorandum).



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Document Created: 2016-11-16 00:57:33
Document Modified: 2016-11-16 00:57:33
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 November 16, 2016.
ContactJames 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 Citation81 FR 80638 

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