[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28190-28192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11464]
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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; 2010-2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
[[Page 28191]]
SUMMARY: On November 8, 2012, 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, 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).
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. The final results,
consequently, differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective Date: May 14, 2013.
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:
Background
On November 8, 2012, 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 December 10, 2012, the
Department received case briefs from Deacero S.A. de C.V. and Deacero
USA, Inc. (collectively, Deacero) and Nucor Corporation (Nucor). On
December 17, 2012, we received rebuttal briefs from ArcelorMittal USA
LLC and Gerdau Ameristeel US Inc. (collectively, ArcelorMittal), Nucor,
and Deacero. The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Carbon and Certain Alloy Steel Wire Rod From Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011, 77 FR 66954 (November 8, 2012) (Preliminary Results).
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Period of Review
The POR covered by this review is October 1, 2010, through
September 30, 2011.
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.\2\ 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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\2\ 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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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in Appendix 1
to this notice and addressed in the Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Issues and Decision Memorandum for the Final Results of
the Antidumping Duty Administrative Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico; 2010-2011, dated concurrently with this
notice (Issues and Decision Memorandum)'', which is hereby adopted by
this notice. A list of the issues which parties raised is attached to
this notice as Appendix I. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit (CRU), Room
7046 of the main Department of Commerce building, as well as
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 CRU. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. 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 have corrected a
programming error in the weighted-average dumping margin calculation. A
detailed discussion of the corrections made is included in the final
analysis memorandum,\3\ which is hereby adopted by this notice and is
on file electronically via IA ACCESS and in the CRU.
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\3\ See ``Final Results in the 6th Administrative Review on
Carbon and Certain Alloy Steel Wire Rod from Mexico: Calculation
Memorandum for Deacero S.A. de C.V. and Deacero USA, Inc.
(collectively, Deacero),'' from Patricia Tran, International Trade
Analyst, AD/CVD Operations, Office 8, to The File, through Eric
Greynolds, Program Manager, AD/CVD Operations, Office 8, dated
concurrently with this notice.
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Final Results of Review
As a result of this review, we determine that the following margin
exists for the period October 1, 2010, through September 30, 2011:
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Weighted- average
Manufacturer/exporter dumping margin
(percent)
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Deacero S.A. de C.V. and Deacero USA, Inc. 12.08
(collectively, Deacero).............................
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Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
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
[[Page 28192]]
Modification, 77 FR 8101 (February 14, 2012).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
the exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
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).
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.\4\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\4\ 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 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
increase in antidumping duties by the amount of antidumping duties
reimbursed.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b). We are issuing and publishing these
results of review in accordance with sections 751(a)(1) and 777(i)(1)
of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
Comment 1: Universe of Sales for Assessment Rate and Cash Deposit
Rate
Comment 2: Universe of Sales--Entry Date vs. Sale Date
Comment 3: Establishing De Minimis Guidelines for ``Sufficient
Sales'' or ``Meaningful Difference''
Comment 4: Whether to Automatically Apply the Average-to-Transaction
Methodology to the Final Results
Comment 5: Whether Nucor's Argument in Case Briefs Qualifies as New
Information
Comment 6: Whether the Department Erred in Calculating Inventory
Carrying Cost
[FR Doc. 2013-11464 Filed 5-13-13; 8:45 am]
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