[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4383-4384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01180]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-825]


Stainless Steel Bar From Brazil: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, 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 Brazil. The period of review (POR) is February 1, 2011, 
through January 31, 2012. The review covers one producer/exporter of 
the subject merchandise, Villares Metals S.A. (Villares). We 
preliminarily find that subject merchandise has not been sold at less 
than normal value.

DATES: Effective Date: January 22, 2013.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

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. A full description of 
the scope of the order is contained in 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: Stainless Steel Bar from 
Brazil'' dated concurrently with this notice (``Preliminary Decision 
Memorandum''), which is hereby adopted by this notice. The written 
description is dispositive.
    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''). Access to IA ACCESS is

[[Page 4384]]

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 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.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
In accordance with section 773(b) of the Act, we disregarded certain 
sales by Villares in the home market which were made at below-cost 
prices. For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for Villares for 
the period February 1, 2011, through January 31, 2012.

Disclosure and Public Comment

    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. 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.
    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. 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 Standard Time 
within 30 days after the date of publication of this notice. Requests 
should contain: (1) The party's name, address and telephone number; (2) 
the number of participants; and (3) a list of 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 in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If Villares' weighted-
average dumping margin is above de minimis in the final results of this 
review, we will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the importer's examined sales and the total entered value of the 
sales in accordance with 19 CFR 351.212(b)(1). If Villares' weighted-
average dumping margin continues to be zero or de minimis in the final 
results of review, 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.'' \1\
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    \1\ 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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    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 Villares for which it did not 
know its 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 deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of SSB from Brazil entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for Villares 
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 19.43 percent, the all-others rate 
established in the Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Bar From Brazil, 59 FR 66914 (December 28, 
1994). These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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.

    Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
3. Fair Value Comparisons
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Home Market Viability as Comparison Market
8. Level of Trade
9. Cost of Production
10. Calculation of Normal Value Based on Comparison Market Prices
11. Currency Conversion

[FR Doc. 2013-01180 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P