[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35626-35627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15063]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended
Final 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 (``Department'') is amending the
Final Results \1\ of the administrative review of the antidumping duty
order on carbon and certain alloy steel wire rod from Mexico to correct
ministerial errors. The period of review (``POR'') is October 1, 2012,
through September 30, 2013.
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\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Final Results of Antidumping Duty Administrative Review; 2012-2013
80 FR 27147 (May 12, 2015) (``Final Results'').
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DATES: Effective date June 22, 2015.
FOR FURTHER INFORMATION CONTACT: James Terpstra, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2015, the Department disclosed to interested parties its
calculations for the Final Results.\2\ On May 18, 2015, we received
ministerial error allegations from Petitioners \3\ and Deacero S.A.P.I
de C.V. and Deacero USA (``Deacero'') regarding the Department's final
margin calculations.\4\ On May 26, 2015, Deacero submitted rebuttal
comments to Petitioners' allegations.\5\
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\2\ See Memorandum, ``Calculation Memorandum for Daecero S.A. de
C.V. and Deacero USA, INC. (collectively, Deacero)'' dated May 6,
2015.
\3\ Petitioners are Gerdau Ameristeel USA, Inc. and Arcelor
Mittal USA LLC.
\4\ See Letter from Petitioners, ``Eighth (12/13) Administrative
Review of Carbon and Certain Alloy Steel Wire Rod from Mexico--
Petitioner's Comments on a Ministerial Error in Final Results''
dated May 18, 2015; and Letter from Deacero '' Carbon and Certain
Alloy Steel Wire Rod from Mexico: Ministerial Error Comments'' dated
May 18, 2015.
\5\ See Letter from Deacero, ``Carbon and Certain Alloy Steel
Wire Rod from Mexico: Reply to Respondent's Ministerial Error
Comments'' dated May 26, 2015.
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Period of Review
The POR covered by this review is October 1, 2012, through
September 30, 2013.
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
remains dispositive.\6\
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\6\ For a complete description of the scope of the order, see
``Carbon and Certain Alloy Steel Wire Rod from Mexico: Issues and
Decision Memorandum for the Final Results of the Antidumping
Administrative Review; 2012-2013'' dated May 6, 2015 (``Issues and
Decision Memorandum'').
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Ministerial Errors
Section 751(h) of the Tariff Act of 1930, as amended (``the Act''),
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
similar type of unintentional error which the Secretary considers
ministerial.'' We analyzed Petitioners' and Deacero's ministerial error
comments and determined, in accordance with section 751(h) of the Act
and 19 CFR 351.224(e), that there were three ministerial errors in our
calculation of Deacero's margin for the Final Results. For a complete
discussion of these allegations, see the Department's Ministerial
Errors Memorandum.\7\
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\7\ See ``2012-2013 Administrative Review of the Antidumping
Order on Carbon and Certain Alloy Steel Wire Rod from Mexico:
Ministerial Error Allegations for Final Results'' dated concurrently
with this notice (``Ministerial Errors Memorandum'').
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In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results.\8\ The revised weighted-average
dumping margin is detailed below.
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\8\ Id.
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Amended Final Results
As a result of correcting for these ministerial errors, we
determine the following margin exists for the period October 1, 2012,
through September 30, 2013.
[[Page 35627]]
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Weighted-average dumping
Manufacturer/exporter margin (percent)
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Deacero S.A.P.I. de C.V. and Deacero USA, 0.37 (de minimis) ad valorem
Inc. (collectively, Deacero).
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the amended final results of
this review. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these amended final
results of review.
For assessment purposes, 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).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
the exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
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 assessment practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of amended 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
amended 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 amended final results of this
administrative review (except, if the rate is zero or de minimis, i.e.,
less than 0.5 percent, a zero cash deposit rate will be required for
that company); (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.\9\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ 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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Notification to Importers
This notice serves as a final 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
increase in antidumping duties by the amount of antidumping duties
reimbursed.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Disclosure
We will disclose the calculations performed for these amended final
results to interested parties within five business days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: June 11, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-15063 Filed 6-19-15; 8:45 am]
BILLING CODE 3510-DS-P