[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66954-66956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27341]
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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; 2010-2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to requests from interested parties, 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 is October 1,
2010, through September 30, 2011, and the review covers one producer/
exporter of the subject merchandise, Deacero S.A. de C.V. and Deacero
USA, Inc. (collectively, Deacero). We have preliminarily found that
sales of the subject merchandise have been made at prices below normal
value.
DATES: Effective November 8, 2012.
FOR FURTHER INFORMATION CONTACT: Patricia M. Tran or Eric B. Greynolds,
AD/CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1503
or (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
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,
available in 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), remains
dispositive.
On October 1, 2012, the Department published Carbon and Certain
Alloy Steel Wire Rod from Mexico: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order.\1\ The Department found
that shipments of wire rod with an actual diameter of 4.75 mm to 5.00
mm produced in Mexico and exported to the United States by Deacero
constitute merchandise altered in form or appearance in such minor
respects that it should be included within the scope of the order on
wire rod from Mexico.
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\1\ 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).
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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 have been calculated in accordance with section 772 of
the Act. Normal value is calculated in accordance with section 773 of
the Act. Petitioners filed an allegation demonstrating that Deacero
made sales below the cost of production. We have reasonable grounds to
believe or suspect that Deacero's sales of the foreign like product
under consideration for the determination of normal value in this
review may have been made at prices below the cost of production (COP)
as provided by section 773(b)(2)(A)(ii) of the Act. Accordingly,
pursuant to section 773(b)(1) of the Act, we have conducted a COP
analysis of Deacero's sales in Mexico in this review. Based on this
test, we disregarded certain sales made by Deacero in its comparison
markets which were made at below-cost prices.
For a full description of the methodology underlying our
conclusions, please see the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from
Mexico'' (Preliminary Decision
[[Page 66955]]
Memorandum), dated concurrently with these results and hereby adopted
by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit (CRU), room
7046 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://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
dumping margin of 12.31 percent exists for Deacero for the period
October 1, 2010, through September 30, 2011.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\2\ Pursuant
to 19 CFR 351.309(c), interested parties may submit cases 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.\3\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\4\
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS within 30 days after the date of
publication of this notice.\5\ Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case briefs.
The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised by
the parties in any written briefs, not later 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
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\5\ See 19 CFR 351.310(c).
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Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. Deacero
reported the name of the importer of record and the entered value for
all of its sales to the United Stated during the POR. If Deacero's
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).\6\ 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.
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\6\ 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).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to 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.
In such instances, 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 the rate
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 segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation,
but the manufacturer is, the cash deposit rate will be the rate
established for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 20.11 percent, the all-others rate
established in the investigation.\7\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ 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).
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Notification to Importers
This notice also 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
[[Page 66956]]
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Universe of U.S. Sales
2. Targeted Dumping
3. Fair Value Comparisons
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Normal Value
8. Affiliated Respondents
9. Cost of Production Analysis
10. Currency Conversion
[FR Doc. 2012-27341 Filed 11-7-12; 8:45 am]
BILLING CODE 3510-DS-P