[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69641-69643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28623]
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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; 2013-2014
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 (wire rod) from Mexico. The period of
review (POR) is October 1, 2013 through September 30, 2014.\1\ This
review covers two producers/exporters of subject merchandise:
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT) and Deacero S.A. de C.V.
We preliminarily determine that AMLT and 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 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)
(Wire Rod Order).
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DATES: Effective date: November 10, 2015.
FOR FURTHER INFORMATION CONTACT: James Terpstra (for Deacero) or
Jolanta Lawska (for AMLT), 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: 202-482-3965 and 202-482-8362, respectively.
SUPPLEMENTARY INFORMATION
Scope of the Order
The merchandise covered by the Wire Rod 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,
[[Page 69642]]
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 remains
dispositive.\2\
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\2\ For a complete description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of 2013/14 Antidumping Duty
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from
Mexico'' (Preliminary Decision Memorandum), dated concurrently with
these preliminary results.
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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 or export price 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 Preliminary Decision Memorandum, which is
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 (ACCESS).
ACCESS is available to registered users at http://access.trade.gov, and
it is available to all parties in the Central Records Unit (CRU), Room
B8024 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 margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Deacero S.A. de C.V..................................... 72.95
ArcelorMittal Las Truchas, S.A. de C.V.................. 12.38
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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. For any
individually examined respondents whose 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).\3\ 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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\3\ 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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In accordance with the Department's ``automatic assessment''
practice, for 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, 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 and AMLT will be
equal to the weighted-average dumping margins 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.\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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Concerning Deacero, on October 1, 2012, the Department found that
wire rod with an actual diameter of 4.75 mm to 5.00 mm produced
(hereinafter referred to as narrow gauge wire rod) in Mexico and
exported to the United States by Deacero was circumventing the Wire Rod
Order.\5\ Specifically, the Department found that it is appropriate to
consider that Deacero's shipments to the United States of narrow gauge
wire rod constitute merchandise altered in form or appearance in such
minor respects that it should be included within the scope of Wire Rod
Order.\6\
[[Page 69643]]
The Department's affirmative finding in the Final Circumvention
Determination applied solely to Deacero.
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\5\ See Carbon and Certain Alloy Steel Wire Rod From Mexico:
Affirmative Final Determination of Circumvention of the Antidumping
Order, 77 FR 59892 (October 1, 2012) (Final Circumvention
Determination) and accompanying Issues and Decision Memorandum.
\6\ Id.
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Deacero challenged the Department's ruling in the Final
Circumvention Determination and on December 22, 2014, the Court of
International Trade (CIT) entered its final judgement in Deacero
III,\7\ sustaining the Department's negative circumvention
determination from the First Remand Redetermination in which the
Department, under protest, found that Deacero's shipments of narrow
gauge wire rod to the United States were not subject antidumping
duties.\8\ The Department is appealing the CIT's decision at the
Federal Circuit. Consistent with the CIT's holding and Wire Rod Timken
Notice,\9\ the Department instructed CBP to set the cash deposit rate
for narrow gauge wire rod shipped to the United States by Deacero to
zero, pending a final and conclusive court decision. Additionally, we
instructed CBP to refund any antidumping duties deposited for narrow
gauge wire rod shipped to the United States by Deacero that entered
from January 1, 2015, through the publication date of the Wire Rod
Timken Notice (July 27, 2015) and, for such entries, to continue to
suspend Deacero's narrow gauge wire rod at a zero cash deposit
rate.\10\
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\7\ See Deacero S.A.P.I. de C.V. and Deacero Usa, Inc. v. United
States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz
Rocky Mountain Steel, and Nucor Corporation, Court No. 12-00345,
Slip Op. 14-151 (Deacero III).
\8\ See Final Results of Redetermination Pursuant to Deacero
S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal
USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel,
and Nucor Corporation, Court No. 12-00345; Slip Op. 13-126 (CIT
2013) (January 29, 2014) (First Remand Redetermination).
\9\ See Carbon and Certain Alloy Steel Wire Rod From Mexico:
Notice of Court Decision Not in Harmony With Final Results and
Notice of Amended Final Determination, 80 FR 44326, 44327 (July 27,
2015) (Wire Rod Timken Notice).
\10\ Id.
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During the POR of the instant review, Deacero shipped narrow gauge
wire rod as well as wire rod with actual diameters greater than 5.00
mm. In light of the CIT's holding in Deacero III and our statement in
Wire Rod Timken Notice that Deacero's narrow gauge wire rod is excluded
from antidumping duties,\11\ we have, for purposes of these preliminary
results, removed narrow gauge wire rod from Deacero's dumping
calculations. Per the Court's holding in Deacero III, the preliminary
cash deposit rate for Deacero, as listed above, only applies with
regard its entries of wire with an actual diameter that is greater than
5.00 and less than or equal to 19.00 mm. The cash deposit rate listed
above for Deacero does not apply to its entries of narrow gauge wire
rod.
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\11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010).
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Disclosure and Public Comment
The Department intends to disclose to interested parties to this
proceeding the calculations performed in connection with these
preliminary results within five days after the date of publication of
this notice.\12\ Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case 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.\13\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with the
argument: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\14\ All case and rebuttal
briefs must be filed electronically using ACCESS, and must also be
served on interested parties.\15\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice. Executive summaries should be
limited to five pages total, including footnotes.
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\16\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and 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.
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\16\ See 19 CFR 351.310(c).
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Unless the deadline is extended, the Department intends to issue
the final results of this administrative review, including the results
of our analysis of the issues raised by the parties in their case and
rebuttal briefs, within 120 days after the publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
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.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 30, 2015.
Paul Piquado,
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. Discussion of Methodology
A. Universe of Sales
B. Date of Sale
C. Comparisons to Normal Value
D. Product Comparisons
E. Determination of Comparison Method
F. Results of DP Analysis
G. U.S. Price
H. Normal Value
I. Cost of Production Analysis
J. Affiliated Respondents
K. Currency Conversion
V. Recommendation
[FR Doc. 2015-28623 Filed 11-9-15; 8:45 am]
BILLING CODE 3510-DS-P