[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Pages 66358-66360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26424]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Mexico. The period of review (POR) is
October 1, 2012 through September 30, 2013. The review was initiated at
the request of Deacero S.A. de C.V. and Deacero USA, Inc. (collectively
``Deacero'').\1\ We preliminarily find that during the POR, Deacero
made sales of subject merchandise at less than normal value (NV) during
the POR. Interested parties are invited to comment on these preliminary
results.
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\1\ See Deacero's October 31, 2013, letter to the Department.
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If these preliminary results are adopted in the final results of
this administrative review, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries of subject merchandise during the POR. Interested parties are
invited to comment on these preliminary results. See ``Preliminary
Results of Review'' section of this notice.
DATES: Effective Date: November 7, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1009.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department published in the Federal
Register the notice of ``Opportunity to Request Administrative Review''
of the antidumping duty order on carbon and certain alloy steel wire
rod from Mexico, for the period of October 1, 2012 through September
30, 2013.\2\ On December 3, 2013, the Department published the notice
of initiation of this antidumping duty administrative review with
respect to Deacero.\3\
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\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 60847) (October 1, 2013).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
72630 (December 3, 2013).
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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
7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093, 7213.91.4500,
7213.91.4510, 7213.91.4590, 7213.91.6000, 7213.91.6010, 7213.91.6090,
7213.99.0030, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0000,
7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, 7227.90.6035,
7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085 of the HTSUS. 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
[[Page 66359]]
Ukraine, 67 FR 65945 (October 29, 2002),\4\ remains dispositive.
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\4\ 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).
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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.\5\ 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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\5\ 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 are calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
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 Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of 2012/13
Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel
Wire Rod from Mexico'' (Preliminary Decision Memorandum), dated
concurrently with these preliminary results and hereby adopted by this
notice. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice. The Preliminary
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). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and it is
available to all parties 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://enforcement.trade.gov/frn/index.html. 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 the
weighted-average dumping margin for the POR is as follows:
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Weighted-
average dumping
Producer/Exporter margin
(percent)
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Deacero S.A. de C.V.................................... 0.59
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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 not zero or de minimis (i.e., less
than 0.5 percent), 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 not zero or de
minimis. 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 equal to the
weighted-average dumping margin 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 completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment 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 in the completed segment 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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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.\8\ 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
[[Page 66360]]
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\9\ 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.\10\ Case and rebuttal briefs
must be filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time in order for it to have been submitted timely on that day.
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d).
\10\ 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 Enforcement and
Compliance, filed electronically via IA ACCESS within 30 days after the
date of publication of this notice.\11\ 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 intends to 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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\11\ See 19 CFR 351.310(c).
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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.
Notification to Interested Parties
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.
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
a. Universe of Sales
b. Fair Value Comparisons
c. Product Comparisons
d. Date of Sale
e. U.S. Price
f. Normal Value
g. Affiliated Respondents
h. Cost of Production Analysis
i. Currency Conversion
5. Conclusion
[FR Doc. 2014-26424 Filed 11-6-14; 8:45 am]
BILLING CODE 3510-DS-P