[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22622-22624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-805]


Stainless Steel Bar From Spain: Preliminary 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 preliminarily find that subject merchandise has not 
been sold at less than normal value. Interested parties are invited to 
comment on these preliminary results.
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    \1\ We preliminarily determine that Gerdau is the successor-in-
interest to Sidenor Industrial S.L. For further discussion, see the 
memorandum from James Maeder, Director, Office II, Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review: 
Stainless Steel Bar from Spain'' dated concurrently with this notice 
(Preliminary Decision Memorandum), which is hereby adopted by this 
notice.

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DATES: Effective Date: April 23, 2014.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or 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-
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.\2\ The written 
description is dispositive.
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    \2\ A full description of the scope of the order is contained in 
the Preliminary Decision Memorandum.
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    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). 
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 Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov. 
The signed Preliminary Decision Memorandum and

[[Page 22623]]

the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is 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, 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 Gerdau for 
the period March 1, 2012, through February 28, 2013.

Disclosure and Public Comment

    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). Pursuant to 19 CFR 351.309(c), 
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.\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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    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.303 (for general filing requirements).
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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. 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.\5\ 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.
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    \5\ See 19 CFR 351.310(c).
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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 Gerdau's 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 Gerdau's 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.'' \6\
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    \6\ 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 Gerdau 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 Spain 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 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, the all-others rate 
established in the Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Bar From Spain, 59 FR 66931 (December 28, 
1994). These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice 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: April 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

A. Summary
B. Background
C. Scope of the Order
D. Successor-In-Interest
E. Discussion of the Methodology
    1. Comparisons to Normal Value
    a. Determination of Comparison Method
    b. Results of Differential Pricing Analysis
    c. Bona Fides Analysis
    d. Post-Sale Adjustment for International Freight
    2. Product Comparisons
    3. Date of Sale
    4. Export Price
    5. Normal Value
    a. Home Market Viability as Comparison Market
    b. Level of Trade
    c. Cost of Production
    (1) Calculation of Cost of Production
    (2) Results of COP Test

[[Page 22624]]

    d. Calculation of Normal Value Based on Comparison Market Prices
F. Currency Conversion
G. Recommendation

[FR Doc. 2014-09281 Filed 4-22-14; 8:45 am]
BILLING CODE 3510-DS-P