82 FR 23190 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 97 (May 22, 2017)
International Trade Administration
Federal Register Volume 82, Issue 97 (May 22, 2017)
| Page Range | 23190-23191 | |
| FR Document | 2017-10349 |
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)] [Notices] [Pages 23190-23191] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10349] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: On November 16, 2016, the Department of Commerce (the Department) published the preliminary results of the 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, and the review covers two producers/exporters of subject merchandise: ArcelorMittal Las Truchas, S.A. de C.V. (AMLT) and Deacero S.A.P.I. de C.V. (Deacero). Based on our analysis of the comments received, we made certain changes to our preliminary findings for Deacero. The final weighted-average dumping margin for the reviewed producers/exporters are listed below in the section entitled ``Final Results of Review.'' DATES: Effective May 22, 2017. FOR FURTHER INFORMATION CONTACT: James Terpstra (for Deacero) and Jolanta Lawska (for AMLT), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-3965 and 202-482-8362, respectively. SUPPLEMENTARY INFORMATION: Background On November 16, 2016, the Department published in the Federal Register the Preliminary Results of the antidumping duty administrative review of wire rod from Mexico.\1\ We invited interested parties to comment on our Preliminary Results. On January 11, 2017, the Department received case briefs from Deacero, and Nucor Corporation (Nucor).\2\ On January 17, 2017, interested parties submitted rebuttal briefs. On January 20, 2017, the Department extended the deadline for the final results of this administrative review until May 15, 2017.\3\ On January 31, 2017, the Department held a public hearing. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014- 2015, 81 FR 80638 (November 16, 2016) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ Nucor Corporation (Nucor) is a domestic interested party. \3\ See Memorandum regarding Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod From Mexico: Extension of Time Limit for Final Results, dated January 20, 2017. --------------------------------------------------------------------------- Period of Review The POR covered by this review is October 1, 2014, through September 30, 2015. Scope of the Order The merchandise subject to this order is carbon and certain alloy steel wire rod. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059. Although the HTS numbers are provided for convenience and customs purposes, the written product description remains dispositive.\4\ --------------------------------------------------------------------------- \4\ See Decision Memorandum for Final Results of 2014/15 Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Mexico (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice for a complete description of the scope of the order. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this proceeding are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit (CRU), room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we applied total adverse facts available (AFA) to Deacero and assigned it the highest margin alleged in the petition, i.e., 40.52 percent, as Deacero's AFA rate. These changes are fully discussed in the Issues and Decision Memorandum. Final Results of Review As a result of this review, we determine that the following margin exists for the POR: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Deacero S.A.P.I. de C.V.................................... 40.52 ------------------------------------------------------------------------ Final Determination of No Shipments As stated in the Preliminary Results, AMLT reported that it made no sales of subject merchandise during the POR.\5\ We received no comments from interested parties with respect to the Department's preliminary determination of no shipments for AMLT, and we continue to determine that AMLT had no reviewable transactions during the POR. As noted in the ``Assessment Rates'' section below, the Department intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) for AMLT based on the final results of this review. --------------------------------------------------------------------------- \5\ See Preliminary Results, 81 FR at 80639, and accompanying Preliminary Decision Memorandum at 2. --------------------------------------------------------------------------- Assessment Rates Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the [[Page 23191]] final results of this review.\6\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \6\ For assessment purposes, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- The Department will instruct CBP to apply an ad valorem assessment rate of 40.52 percent to all entries of subject merchandise during the POR which were produced and/or exported by Deacero. Additionally, because the Department determined that AMLT had no shipments of the subject merchandise, any suspended entries that entered under that company's case number (i.e., at that company's rate) will be liquidated at the all-others rate effective during the period of review.\7\ --------------------------------------------------------------------------- \7\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of 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 rates for Deacero will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 20.11 percent, the all-others rate established in the investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: May 15, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Use of Adverse Facts Available IV. List of Comments Comment 1: Whether the Department Should Apply AFA to Deacero Comment 2: Whether the Department Should Reject Deacero's Adjustment to its Billet Costs Comment 3: Whether the Department Should Recalculate Mid Continent's General and Administrative Expense (G&A) Rate Comment 4: Whether the Department Should Reject Deacero's Residual Values Comment 5: Whether the Department Should Use the Average-to- Average Method Comment 6: Clerical Error Allegations V. Scope of the Order VI. Discussion of Comments VII. Recommendation [FR Doc. 2017-10349 Filed 5-19-17; 8:45 am] BILLING CODE 3510-DS-P
![23190 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
VII. Analysis of Programs antidumping duty administrative review document and is on file electronically
VIII. Discussion of the Issues of wire rod from Mexico.1 We invited via Enforcement and Compliance’s
Comment 1: Financial Contribution in AD/ interested parties to comment on our Antidumping and Countervailing Duty
CVD Investigation Assistance Program Preliminary Results. On January 11, Centralized Electronic Service System
Comment 2: Sales Denominator for Habas
Comment 3: Rejection of Habas’s February
2017, the Department received case (ACCESS). ACCESS is available to
2, 2017 Rebuttal Benchmark Submission briefs from Deacero, and Nucor registered users at http://
Comment 4: Natural Gas Benchmark Corporation (Nucor).2 On January 17, access.trade.gov and in the Central
Comment 5: Application of Adverse Facts 2017, interested parties submitted Records Unit (CRU), room B8024 of the
Available for Discovered Program rebuttal briefs. On January 20, 2017, the main Department of Commerce
Comment 6: Countervailability of Department extended the deadline for building. In addition, a complete
Electricity for More Than Adequate the final results of this administrative version of the Issues and Decision
Remuneration review until May 15, 2017.3 On January Memorandum can be accessed directly
IX. Conclusion 31, 2017, the Department held a public on the Internet at http://trade.gov/
[FR Doc. 2017–10505 Filed 5–19–17; 8:45 am] hearing. The Department conducted this enforcement. The signed Issues and
BILLING CODE 3510–DS–P administrative review in accordance Decision Memorandum and the
with section 751 of the Tariff Act of electronic versions of the Issues and
1930, as amended (the Act). Decision Memorandum are identical in
DEPARTMENT OF COMMERCE content.
Period of Review
International Trade Administration The POR covered by this review is Changes Since the Preliminary Results
[A–201–830] October 1, 2014, through September 30, Based on our analysis of the
2015. comments received, we applied total
Carbon and Certain Alloy Steel Wire adverse facts available (AFA) to Deacero
Rod From Mexico: Final Results of Scope of the Order
and assigned it the highest margin
Antidumping Duty Administrative The merchandise subject to this order alleged in the petition, i.e., 40.52
Review and Final Determination of No is carbon and certain alloy steel wire percent, as Deacero’s AFA rate. These
Shipments; 2014–2015 rod. The product is currently classified changes are fully discussed in the Issues
under the Harmonized Tariff Schedule and Decision Memorandum.
AGENCY: Enforcement and Compliance, of the United States (HTSUS) item
International Trade Administration, numbers 7213.91.3010, 7213.91.3090, Final Results of Review
U.S. Department of Commerce. 7213.91.4510, 7213.91.4590, As a result of this review, we
SUMMARY: On November 16, 2016, the 7213.91.6010, 7213.91.6090, determine that the following margin
Department of Commerce (the 7213.99.0031, 7213.99.0038, exists for the POR:
Department) published the preliminary 7213.99.0090, 7227.20.0010,
results of the administrative review of 7227.20.0020, 7227.20.0090, Weighted-
the antidumping duty order on carbon average
7227.20.0095, 7227.90.6051, Producer/exporter dumping
and certain alloy steel wire rod (wire 7227.90.6053, 7227.90.6058, and margin
rod) from Mexico. The period of review 7227.90.6059. Although the HTS (percent)
(POR) is October 1, 2014, through numbers are provided for convenience
September 30, 2015, and the review and customs purposes, the written Deacero S.A.P.I. de C.V ............ 40.52
covers two producers/exporters of product description remains
subject merchandise: ArcelorMittal Las dispositive.4 Final Determination of No Shipments
Truchas, S.A. de C.V. (AMLT) and As stated in the Preliminary Results,
Deacero S.A.P.I. de C.V. (Deacero). Analysis of Comments Received
AMLT reported that it made no sales of
Based on our analysis of the comments All issues raised in the case and subject merchandise during the POR.5
received, we made certain changes to rebuttal briefs by parties to this We received no comments from
our preliminary findings for Deacero. proceeding are addressed in the Issues interested parties with respect to the
The final weighted-average dumping and Decision Memorandum. A list of Department’s preliminary determination
margin for the reviewed producers/ the issues that parties raised and to of no shipments for AMLT, and we
exporters are listed below in the section which we responded is attached to this continue to determine that AMLT had
entitled ‘‘Final Results of Review.’’ notice as an Appendix. The Issues and no reviewable transactions during the
DATES: Effective May 22, 2017. Decision Memorandum is a public POR. As noted in the ‘‘Assessment
FOR FURTHER INFORMATION CONTACT: Rates’’ section below, the Department
1 See Carbon and Certain Alloy Steel Wire Rod
James Terpstra (for Deacero) and Jolanta intends to issue appropriate instructions
from Mexico: Preliminary Results of Antidumping
Lawska (for AMLT), AD/CVD Duty Administrative Review; 2014–2015, 81 FR to U.S. Customs and Border Protection
Operations, Office III, Enforcement and 80638 (November 16, 2016) (Preliminary Results) (CBP) for AMLT based on the final
Compliance, International Trade and accompanying Preliminary Decision results of this review.
Memorandum.
Administration, U.S. Department of 2 Nucor Corporation (Nucor) is a domestic Assessment Rates
Commerce, 1401 Constitution Avenue interested party.
NW., Washington, DC 20230; telephone: 3 See Memorandum regarding Antidumping Duty
Pursuant to section 751(a)(2)(A) of the
202–482–3965 and 202–482–8362, Administrative Review: Carbon and Certain Alloy Act, and 19 CFR 351.212(b), the
mstockstill on DSK30JT082PROD with NOTICES
respectively. Steel Wire Rod From Mexico: Extension of Time Department has determined, and CBP
Limit for Final Results, dated January 20, 2017. shall assess, antidumping duties on all
SUPPLEMENTARY INFORMATION: 4 See Decision Memorandum for Final Results of
appropriate entries of subject
2014/15 Antidumping Duty Administrative Review:
Background Carbon and Certain Alloy Steel Wire Rod from
merchandise in accordance with the
Mexico (Issues and Decision Memorandum), dated
On November 16, 2016, the concurrently with and hereby adopted by this 5 See Preliminary Results, 81 FR at 80639, and
Department published in the Federal notice for a complete description of the scope of the accompanying Preliminary Decision Memorandum
Register the Preliminary Results of the order. at 2.
VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1](https://thefederalregister.org/doc/82_FR_23287/page/1.svg)
![Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 23191
final results of this review.6 The under 19 CFR 351.402(f)(2) to file a DEPARTMENT OF COMMERCE
Department intends to issue assessment certificate regarding the reimbursement
instructions to CBP 15 days after the of antidumping duties prior to International Trade Administration
date of publication of these final results liquidation of the relevant entries
of review. Application(s) for Duty-Free Entry of
during this review period. Failure to
The Department will instruct CBP to Scientific Instruments
comply with this requirement could
apply an ad valorem assessment rate of result in the Secretary’s presumption Pursuant to Section 6(c) of the
40.52 percent to all entries of subject that reimbursement of antidumping Educational, Scientific and Cultural
merchandise during the POR which Materials Importation Act of 1966 (Pub.
duties occurred and the subsequent
were produced and/or exported by L. 89–651, as amended by Pub. L. 106–
assessment of doubled antidumping
Deacero. Additionally, because the
duties. 36; 80 Stat. 897; 15 CFR part 301), we
Department determined that AMLT had
invite comments on the question of
no shipments of the subject Administrative Protective Order whether instruments of equivalent
merchandise, any suspended entries
This notice also serves as a reminder scientific value, for the purposes for
that entered under that company’s case
which the instruments shown below are
number (i.e., at that company’s rate) will to parties subject to administrative
intended to be used, are being
be liquidated at the all-others rate protective orders (APO) of their
manufactured in the United States.
effective during the period of review.7 responsibility concerning the return or Comments must comply with 15 CFR
Cash Deposit Requirements destruction of proprietary information 301.5(a)(3) and (4) of the regulations and
disclosed under APO in accordance be postmarked on or before June 12,
The following cash deposit with 19 CFR 351.305(a)(3), which
requirements will be effective upon 2017. Address written comments to
continues to govern business Statutory Import Programs Staff, Room
publication of the notice of final results
proprietary information in this segment 3720, U.S. Department of Commerce,
of administrative review for all
of the proceeding. Timely written Washington, DC 20230. Applications
shipments of subject merchandise
entered, or withdrawn from warehouse, notification of the return/destruction of may be examined between 8:30 a.m. and
for consumption on or after the APO materials, or conversion to judicial 5:00 p.m. at the U.S. Department of
publication of the final results of this protective order, is hereby requested. Commerce in Room 3720.
administrative review, as provided by Failure to comply with the regulations Docket Number: 16–024. Applicant:
section 751(a)(2) of the Act: (1) The cash and the terms of an APO is a The Hormel Institute, 801 16th Avenue
deposit rates for Deacero will be the rate sanctionable violation. NE., Austin, MN 55912. Instrument:
established in the final results of this We are issuing and publishing this Electron Microscope. Manufacturer: FEI
administrative review; (2) for notice in accordance with sections Company, the Netherlands. Intended
merchandise exported by producers or Use: The instrument will be used to
751(a)(1) and 777(i)(1) of the Act and 19
exporters not covered in this study biological samples such as human
CFR 351.213(h).
administrative review but covered in a and animal normal and cancer cells, as
prior segment of the proceeding, the Dated: May 15, 2017. well as to study protein-protein
cash deposit rate will continue to be the Ronald K. Lorentzen, interactions and protein-compounds
company-specific rate published for the Acting Assistant Secretary for Enforcement interactions. Justification for Duty-Free
most recent period; (3) if the exporter is and Compliance. Entry: There are no instruments of the
not a firm covered in this review, a prior same general category manufactured in
review, or the original investigation, but Appendix I the United States. Application accepted
the producer is, the cash deposit rate List of Topics Discussed in the Final by Commissioner of Customs: March 17,
will be the rate established for the most Decision Memorandum 2017.
recent period for the producer of the Docket Number: 16–025. Applicant:
I. Summary
merchandise; and (4) the cash deposit The Hormel Institute, 801 16th Avenue
II. Background
rate for all other producers or exporters III. Use of Adverse Facts Available
NE., Austin, MN 55912. Instrument:
will continue to be 20.11 percent, the IV. List of Comments
Electron Microscope. Manufacturer: FEI
all-others rate established in the Comment 1: Whether the Department
Company, Czech Republic. Intended
investigation.8 These cash deposit Should Apply AFA to Deacero Use: The instrument will be used to
requirements, when imposed, shall Comment 2: Whether the Department study biological samples such as human
remain in effect until further notice. Should Reject Deacero’s Adjustment to and animal normal and cancer cells, as
its Billet Costs well as to study protein-protein
Notification to Importers
Comment 3: Whether the Department interactions and protein-compounds
This notice serves as a final reminder interactions. Justification for Duty-Free
Should Recalculate Mid Continent’s
to importers of their responsibility General and Administrative Expense Entry: There are no instruments of the
(G&A) Rate same general category manufactured in
6 For assessment purposes, the Department
Comment 4: Whether the Department the United States. Application accepted
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation Should Reject Deacero’s Residual Values by Commissioner of Customs: March 17,
of the Weighted-Average Dumping Margin and Comment 5: Whether the Department 2017.
Assessment Rate in Certain Antidumping Should Use the Average-to-Average Docket Number: 17–003. Applicant:
Proceedings: Final Modification, 77 FR 8101 Arizona State University, 550 E. Tyler
mstockstill on DSK30JT082PROD with NOTICES
(February 14, 2012). Method
7 For a full discussion of this clarification, see Comment 6: Clerical Error Allegations Mall, PSF 470, Tempe, AZ 85287–1504.
Antidumping and Countervailing Duty Proceedings: V. Scope of the Order Instrument: Laser-lithography system
Assessment of Antidumping Duties, 68 FR 23954 VI. Discussion of Comments for 3-dimensional microstructuring and
(May 6, 2003). VII. Recommendation nanostructuring. Manufacturer:
8 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil, [FR Doc. 2017–10349 Filed 5–19–17; 8:45 am] Nanoscribe, Germany. Intended Use:
Indonesia, Mexico, Moldova, Trinidad and Tobago, The instrument will be used to develop
BILLING CODE 3510–DS–P
and Ukraine, 67 FR 65945 (October 29, 2002). new methods of determining the atomic
VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1](https://thefederalregister.org/doc/82_FR_23287/page/2.svg)
Document Created: 2018-11-08 08:50:10
Document Modified: 2018-11-08 08:50:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective May 22, 2017. | |
| Contact | James Terpstra (for Deacero) and Jolanta Lawska (for AMLT), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-3965 and 202-482-8362, respectively. | |
| FR Citation | 82 FR 23190 |
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