83 FR 53030 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 203 (October 19, 2018)
International Trade Administration
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53030-53032 | |
| FR Document | 2018-22843 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Notices] [Pages 53030-53032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22843] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines [[Page 53031]] that imports of carbon and certain alloy steel wire rod (wire rod) with actual diameters less than 4.75 mm produced and/or exported by Deacero S.A.P.I. de C.V (Deacero) are circumventing the antidumping duty order on wire rod from Mexico. DATES: Applicable October 19, 2018. FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851. SUPPLEMENTARY INFORMATION: Background On August 31, 2001, Co-Steel Raritan, Inc., GS Industries, Keystone Consolidated, Industries, Inc., and North Star Steel Texas, Inc. filed a petition seeking imposition of antidumping duties on imports of wire rod from Mexico.\1\ Following the completion of investigations and affirmative final determinations by Commerce and the U.S. International Trade Commission (ITC), Commerce issued an antidumping order on wire rod from Mexico (Order).\2\ On October 1, 2012, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act), Commerce determined that wire rod with an actual diameter of 4.75 mm to 5.00 mm produced and/or exported to the United States by Deacero constituted merchandise altered in form or appearance in such minor respects that it should be included within the scope of the Order.\3\ On October 27, 2017, Nucor Corporation (a domestic interested party) (Nucor) filed a circumvention ruling request to determine whether wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero to the United States is circumventing the Order.\4\ On February 7, 2018, pursuant to section 781(c) of the Act, Commerce initiated an anti-circumvention inquiry on wire rod with actual diameters that are less than 4.75 mm produced and/or exported by Deacero.\5\ For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.\6\ A list of topics included in the Preliminary Decision Memorandum is included at the Appendix to this notice. The Preliminary Decision Memorandum 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete public version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Notice of Initiation of Antidumping Duty Investigations: Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Egypt, Germany, Indonesia, Mexico, Moldova, South Africa, Trinidad and Tobago, Ukraine, and Venezuela, 66 FR 50164 (October 2, 2001). \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) (Order). \3\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 59892 (October 1, 2012) (Final Circumvention Determination) and accompanying Issues and Decision Memorandum; see also Deacero S.A. de C.V. v. United States, 817 F.3d 1332 (Fed. Cir. 2016) (affirming the Final Circumvention Determination). \4\ See Nucor's Letter, ``Carbon and Certain Alloy Steel Wire Rod from Mexico: Request for Circumvention Ruling,'' dated October 27, 2018. \5\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order, 83 FR 5405 (February 7, 2018). \6\ See Affirmative Preliminary Decision Memorandum of Circumvention Concerning Carbon and Certain Alloy Steel Wire Rod from Mexico, dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The products covered by the Order are wire rod of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiry The products covered by this inquiry are wire rod with an actual diameter less than 4.75 mm and that are produced and/or exported to the United States by Deacero. Methodology Commerce is conducting this anti-circumvention inquiry in accordance with section 781(c) of the Act. For a full description of the methodology underlying Commerce's preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to section 781(c) of the Act, that wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero, constitutes merchandise ``altered in form or appearance in minor respects'' that should be considered subject to the Order. Therefore, we preliminarily determine that it is appropriate to include this merchandise within the class or kind of merchandise subject to the Order and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero. Suspension of Liquidation As stated above, Commerce has made a preliminary affirmative finding of circumvention of the Order with respect to wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero. In accordance with section 19 CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation of entries of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero that were entered, or withdrawn from warehouse, for consumption on or after February 7, 2018, the date of initiation of the anti-circumvention inquiry. Pursuant to 19 CFR 351.225(1)(2), we will also instruct CBP to require a cash deposit of estimated duties equal to 12.56 percent ad valorem for each unliquidated entry of wire rod with an actual diameter less than 4.75 mm produced and/or exported by Deacero that was entered, or withdrawn from warehouse, for consumption on or after February 7, 2018.\7\ The suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 83 FR 16832 (April 17, 2018) and accompanying Issues and Decision Memorandum; Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice of Correction to Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 83 FR 19223 (May 2, 2018). --------------------------------------------------------------------------- Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the publication of this preliminary determination in the Federal Register, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this anti-circumvention inquiry are encouraged [[Page 53032]] to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 21 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Notification to Interested Parties This determination is issued and published in accordance with sections 781(c) of the Act and 19 CFR 351.225(f). Dated: October 15, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Statutory and Regulatory Framework V. Prior Anti-Circumvention Determination VI. Parameters of the Anti-Circumvention Inquiry VII. Arguments from Interested Parties VIII. Analysis IX. Recommendation [FR Doc. 2018-22843 Filed 10-18-18; 8:45 am] BILLING CODE 3510-DS-P
![53030 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
the United States to Venezuela items I have decided to deny Pozo’s export D. Obtain from the Denied Person in
designated as defense articles on the privileges under the Regulations for a the United States any item subject to the
United States Munitions List, namely, period of 10 years from the date of Regulations with knowledge or reason
handguns and ammunition of various Pozo’s conviction. I have also decided to to know that the item will be, or is
calibers, without the required U.S. revoke all licenses issued pursuant to intended to be, exported from the
Department of State licenses. Pozo was the Act or Regulations in which Pozo United States; or
sentenced to 63 months in prison, three had an interest at the time of his E. Engage in any transaction to service
years of supervised release, and a $100 conviction. any item subject to the Regulations that
special assessment. Accordingly, it is hereby ordered: has been or will be exported from the
Section 766.25 of the Export First, from the date of this Order until United States and which is owned,
Administration Regulations (‘‘EAR’’ or June 27, 2027, Luis Antonio Urdaneta possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent Pozo, with a last known address of Person, or service any item, of whatever
part, that ‘‘[t]he Director of the Office of Inmate Number: 68375–018, FCI origin, that is owned, possessed or
Exporter Services, in consultation with Edgefield, P.O. Box 725, Edgefield, SC controlled by the Denied Person if such
the Director of the Office of Export 29824, and when acting for or on his service involves the use of any item
Enforcement, may deny the export behalf, his successors, assigns, subject to the Regulations that has been
privileges of any person who has been employees, agents or representatives or will be exported from the United
convicted of a violation of . . . section (‘‘the Denied Person’’), may not, directly States. For purposes of this paragraph,
38 of the Arms Export Control Act (22 or indirectly, participate in any way in servicing means installation,
U.S.C. 2778).’’ 15 CFR 766.25(a). The any transaction involving any maintenance, repair, modification or
denial of export privileges under this commodity, software or technology testing.
provision may be for a period of up to (hereinafter collectively referred to as Third, after notice and opportunity for
10 years from the date of the conviction. ‘‘item’’) exported or to be exported from comment as provided in Section 766.23
15 CFR 766.25(d). In addition, Section the United States that is subject to the of the Regulations, any other person,
750.8 of the Regulations states that the Regulations, including, but not limited firm, corporation, or business
Bureau of Industry and Security’s Office organization related to Pozo by
to:
of Exporter Services may revoke any ownership, control, position of
A. Applying for, obtaining, or using
Bureau of Industry and Security (‘‘BIS’’) responsibility, affiliation, or other
any license, license exception, or export
licenses previously issued pursuant to connection in the conduct of trade or
control document;
the Act or the Regulations in which the business may also be made subject to
B. Carrying on negotiations
person had an interest at the time of his/ the provisions of this Order in order to
concerning, or ordering, buying, prevent evasion of this Order.
her conviction.
BIS has received notice of Pozo’s receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
conviction for violating Section 38 of storing, disposing of, forwarding, the Regulations, Pozo may file an appeal
the AECA, and has provided notice and transporting, financing, or otherwise of this Order with the Under Secretary
an opportunity for Pozo to make a servicing in any way, any transaction of Commerce for Industry and Security.
written submission to BIS, as provided involving any item exported or to be The appeal must be filed within 45 days
in Section 766.25 of the Regulations. exported from the United States that is from the date of this Order and must
BIS has not received a submission from subject to the Regulations, or engaging comply with the provisions of Part 756
Pozo. in any other activity subject to the of the Regulations.
Based upon my review and Regulations; or Fifth, a copy of this Order shall be
consultations with BIS’s Office of C. Benefitting in any way from any delivered to Pozo and shall be
Export Enforcement, including its transaction involving any item exported published in the Federal Register.
Director, and the facts available to BIS, or to be exported from the United States Sixth, this Order is effective
that is subject to the Regulations, or immediately and shall remain in effect
1 The Regulations are currently codified in the from any other activity subject to the until June 27, 2027.
Code of Federal Regulations at 15 CFR parts 730– Regulations. Issued this October 12, 2018.
774 (2018). The Regulations originally issued under Second, no person may, directly or
the Export Administration Act of 1979, as amended, Karen H. Nies-Vogel,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), indirectly, do any of the following:
Director, Office of Exporter Services.
which lapsed on August 21, 2001. The President, A. Export or reexport to or on behalf
[FR Doc. 2018–22865 Filed 10–18–18; 8:45 am]
through Executive Order 13,222 of August 17, 2001 of the Denied Person any item subject to
(3 CFR, 2001 Comp. 783 (2002)), which has been the Regulations; BILLING CODE 3510–33–P
extended by successive Presidential Notices, the
most recent being that of August 8, 2018 (83 FR B. Take any action that facilitates the
39,871 (Aug. 13, 2018)), continued the Regulations acquisition or attempted acquisition by
in full force and effect under the International DEPARTMENT OF COMMERCE
the Denied Person of the ownership,
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
possession, or control of any item International Trade Administration
President signed into law the John S. McCain subject to the Regulations that has been
National Defense Authorization Act for Fiscal Year or will be exported from the United [A–201–830]
2019, which includes the Export Control Reform States, including financing or other
Act of 2018, Title XVII, Subtitle B of Public Law Carbon and Certain Alloy Steel Wire
115–232 (‘‘ECRA’’). While Section 1766 of ECRA support activities related to a Rod From Mexico: Preliminary
repeals the provisions of the EAA (except for three transaction whereby the Denied Person Affirmative Determination of
sections which are inapplicable here), Section 1768 acquires or attempts to acquire such
amozie on DSK3GDR082PROD with NOTICES1
of ECRA provides, in pertinent part, that all rules Circumvention of the Antidumping
ownership, possession or control; Duty Order
and regulations that were made or issued under the
EAA, including as continued in effect pursuant to C. Take any action to acquire from or
IEEPA, and were in effect as of ECRA’s date of to facilitate the acquisition or attempted AGENCY: Enforcement and Compliance,
enactment (August 13, 2018), shall continue in acquisition from the Denied Person of International Trade Administration,
effect according to their terms until modified, Department of Commerce.
superseded, set aside, or revoked through action
any item subject to the Regulations that
undertaken pursuant to the authority provided has been exported from the United SUMMARY: The Department of Commerce
under ECRA. States; (Commerce) preliminarily determines
VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1](https://thefederalregister.org/doc/83_FR_53233/page/1.svg)
![53032 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
to submit with each argument: (1) A exporting softwood lumber or softwood 31, 2018, to select the countries subject
statement of the issue; (2) a brief lumber products to the United States to the next report.
summary of the argument; and (3) a during the period January 1, 2018, Under U.S. trade law, a subsidy exists
table of authorities. through June 30, 2018. where an authority: (i) Provides a
Pursuant to 19 CFR 351.310(c), DATES: Comments must be submitted financial contribution; (ii) provides any
interested parties who wish to request a within 30 days after publication of this
hearing, limited to issues raised in the form of income or price support within
notice. the meaning of Article XVI of the GATT
case and rebuttal briefs, must submit a ADDRESSES: See the Submission of
written request to the Assistant 1994; or (iii) makes a payment to a
Comments section below. funding mechanism to provide a
Secretary for Enforcement and
FOR FURTHER INFORMATION CONTACT: financial contribution to a person, or
Compliance, U.S. Department of
Kristen Johnson or Eric B. Greynolds, entrusts or directs a private entity to
Commerce, within 21 days after the date
Office III, Enforcement and Compliance, make a financial contribution, if
of publication of this notice. Requests
International Trade Administration, providing the contribution would
should contain the party’s name,
U.S. Department of Commerce, 1401 normally be vested in the government
address, and telephone number, the
Constitution Avenue NW, Washington, and the practice does not differ in
number of participants, whether any
DC 20230; telephone: (202) 482–4793 or substance from practices normally
participant is a foreign national, and a
(202) 482–6071, respectively. followed by governments, and a benefit
list of the issues to be discussed. If a
request for a hearing is made, Commerce SUPPLEMENTARY INFORMATION: is thereby conferred.1
intends to hold the hearing at the U.S. Background Parties should include in their
Department of Commerce, 1401 comments: (1) The country which
On June 18, 2008, section 805 of Title
Constitution Avenue NW, Washington, provided the subsidy; (2) the name of
VIII of the Tariff Act of 1930 (the
DC 20230, at a time and date to be the subsidy program; (3) a brief
Softwood Lumber Act of 2008) was
determined. Parties should confirm by description (no more than 3–4
enacted into law. Under this provision,
telephone the date, time, and location of
the Secretary of Commerce is mandated sentences) of the subsidy program; and
the hearing two days before the
to submit to the appropriate (4) the government body or authority
scheduled date.
Congressional committees a report every that provided the subsidy.
Notification to Interested Parties 180 days on any subsidy provided by
countries exporting softwood lumber or Submission of Comments
This determination is issued and
published in accordance with sections softwood lumber products to the United As specified above, to be assured of
781(c) of the Act and 19 CFR 351.225(f). States, including stumpage subsidies. consideration, comments must be
Commerce submitted its last subsidy received no later than 30 days after the
Dated: October 15, 2018. report on June 20, 2018. As part of its
Christian Marsh, publication of this notice in the Federal
newest report, Commerce intends to
Deputy Assistant Secretary for Enforcement Register. All comments must be
include a list of subsidy programs
and Compliance. submitted through the Federal
identified with sufficient clarity by the
public in response to this notice. eRulemaking Portal at http://
Appendix www.regulations.gov, Docket No. ITA–
List of Topics Discussed in the Preliminary Request for Comments 2018–0002, unless the commenter does
Decision Memorandum Given the large number of countries not have access to the internet. The
I. Summary that export softwood lumber and materials in the docket will not be
II. Background softwood lumber products to the United edited to remove identifying or contact
III. Scope of the Order information, and Commerce cautions
IV. Statutory and Regulatory Framework
States, we are soliciting public comment
V. Prior Anti-Circumvention Determination only on subsidies provided by countries against including any information in an
VI. Parameters of the Anti-Circumvention whose exports accounted for at least one electronic submission that the submitter
Inquiry percent of total U.S. imports of softwood does not want publicly disclosed.
VII. Arguments from Interested Parties lumber by quantity, as classified under Attachments to electronic comments
VIII. Analysis Harmonized Tariff Schedule code will be accepted in Microsoft Word,
IX. Recommendation 4407.1001 (which accounts for the vast Excel, or Adobe PDF formats only.
[FR Doc. 2018–22843 Filed 10–18–18; 8:45 am] majority of imports), during the period Commenters who do not have access
BILLING CODE 3510–DS–P January 1, 2018, through June 30, 2018. to the internet may submit the original
Official U.S. import data published by and one electronic copy of each set of
the United States International Trade
DEPARTMENT OF COMMERCE comments by mail or hand delivery/
Commission’s Tariff and Trade DataWeb
courier.
indicate that four countries (Brazil,
International Trade Administration Canada, Germany, and Sweden) All comments should be addressed to
exported softwood lumber to the United Gary Taverman, Deputy Assistant
Subsidy Programs Provided by
States during that time period in Secretary for Antidumping and
Countries Exporting Softwood Lumber
amounts sufficient to account for at least Countervailing Duty Operations
and Softwood Lumber Products to the
United States; Request for Comment one percent of U.S. imports of softwood performing the non-exclusive functions
lumber products. We intend to rely on and duties of the Assistant Secretary for
amozie on DSK3GDR082PROD with NOTICES1
AGENCY: Enforcement and Compliance, similar previous six-month periods to Enforcement and Compliance, at U.S.
International Trade Administration, identify the countries subject to future Department of Commerce, Room 18022,
Department of Commerce. reports on softwood lumber subsidies. 1401 Constitution Avenue NW,
SUMMARY: The Department of Commerce For example, we will rely on U.S. Washington, DC 20230.
(Commerce) seeks public comment on imports of softwood lumber and
any subsidies, including stumpage softwood lumber products during the 1 See section 771(5)(B) of the Tariff Act of 1930,
subsidies, provided by certain countries period July 1, 2018, through December as amended.
VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1](https://thefederalregister.org/doc/83_FR_53233/page/3.svg)
Document Created: 2018-10-19 01:25:03
Document Modified: 2018-10-19 01:25:03
| 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 | Applicable October 19, 2018. | |
| Contact | Samuel Brummitt, 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) 482-7851. | |
| FR Citation | 83 FR 53030 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR