[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