[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63081-63082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-805]
Stainless Steel Bar From Spain: Final Results of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on stainless steel
bar (SSB) from Spain. The period of review (POR) is March 1, 2012,
through February 28, 2013. The review covers one producer/exporter of
the subject merchandise, Gerdau Aceros Especiales Europa, S.L.
(Gerdau).\1\ We determine that subject merchandise has not been sold at
less than normal value during the POR.
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\1\ We determine that Gerdau is the successor-in-interest to
Sidenor Industrial S.L. For further discussion, see the memorandum
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, ``Issues and Decision Memorandum for
Final Results of Antidumping Duty Administrative Review: Stainless
Steel Bar from Spain; 2012-2013'' dated concurrently with and hereby
adopted by this notice (Issues and Decision Memorandum).
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DATES: Effective Date: October 22, 2014.
FOR FURTHER INFORMATION CONTACT: Minoo Hatten, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1690.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 2014, the Department published the Preliminary Results
and invited interested parties to comment.\2\ Carpenter Technology
Corporation, Crucible Industries LLC, Universal Stainless & Alloy
Products Inc., and Valbruna Slater Stainless, Inc. (collectively, the
petitioners) filed a case brief on May 30, 2014. Gerdau filed a
rebuttal brief on June 4, 2014.
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\2\ See Stainless Steel Bar From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2012-2013, 79 FR 22622
(April 23, 2014) (Preliminary Results).
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The deadline for the final results of this review was August 21,
2014. On July 16, 2014, we extended the deadline for the final results
to October 20, 2014.\3\
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\3\ See memorandum from Sandra Dreisonstok, International Trade
Compliance Analyst, to Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, ``Stainless
Steel Bar from Spain: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2012-2013'' dated July 16,
2014. In this memorandum, we inadvertently calculated an extended
deadline of October 14, 2014 (60 days from the date of signature)
instead of October 20, 2014 (60 days from the date of publication).
See September 10, 2014, memorandum to the file from Sandra
Dreisonstok, International Trade Compliance Analyst, clarifying this
error.
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Scope of the Order
The merchandise subject to the order is SSB. The SSB subject to the
order is currently classifiable under subheadings 7222.10.00,
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff
Schedule of the United States (HTSUS). The HTSUS subheadings are
provided for convenience and customs purposes.\4\ The written
description is dispositive.
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\4\ A full description of the scope of the order is contained in
the Preliminary Results, and accompanying Preliminary Decision
Memorandum.
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Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised 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 (IA ACCESS). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov and is available to all parties in
the Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be found at http://enforcement.trade.gov/frn/index.html.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we did not make any
revisions to the margin calculations for Gerdau.
Final Results of Review
As a result of this review, we determine that a weighted-average
dumping margin of 0.00 percent exists for Gerdau for the period March
1, 2012, through February 28, 2013.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
[[Page 63082]]
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. Because Gerdau's weighted-average dumping margin is zero, we
will instruct CBP not to assess duties on any of its entries in
accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \5\
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\5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 80102 (February 14,
2012).
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For entries of subject merchandise during the POR produced by
Gerdau for which it did not know its 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.\6\
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\6\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
these final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of SSB from Spain entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Tariff Act of 1930, as amended (the Act): (1)
The cash deposit rate for Gerdau 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 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; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 25.77 percent,\7\ the all-others rate established in the
less-than-fair-value investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Stainless Steel Bar From Spain, 59 FR 66931
(December 28, 1994).
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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
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (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 terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 16, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Comments
1. Non-Bona Fides U.S. Sales
2. Post-Sale Invoicing of International Freight
III. Background
IV. Scope of the Order
V. Discussion of the Issues
VI. Successor-in-Interest
VII. Recommendation
[FR Doc. 2014-25196 Filed 10-21-14; 8:45 am]
BILLING CODE 3510-DS-P