[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12466-12468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05284]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-843]


Prestressed Concrete Steel Rail Tie Wire From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2013-2015

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 prestressed 
concrete steel rail tie wire (PC tie wire) from Mexico. The period of 
review (POR) is December 12, 2013, through May 31, 2015. The review 
covers one producer/exporter of the subject merchandise, Aceros Camesa, 
S.A. de C.V. (Camesa). We preliminarily determine that sales of subject 
merchandise by Camesa have been made at prices below normal value (NV). 
We invite interested parties to comment on these preliminary results.

DATES: Effective March 9, 2016.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Aqmar Rahman, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 
and (202) 482-0768, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The product covered by this order is prestressed concrete steel 
rail tie wire. This product is classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading7217.10.8045, but may 
also be classified under subheadings 7217.10.7000, 7217.10.8025, 
7217.10.8030, 7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 
7229.90.5031, 7229.90.5051, 7229.90.9000, and 7312.10.3012. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the

[[Page 12467]]

written description of the scope of the order is dispositive.\1\
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    \1\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Prestressed Concrete Steel Rail Tie Wire from 
Mexico; 2013-2015'' (Preliminary Decision Memorandum), dated 
concurrently with these results and hereby adopted by this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum, which is hereby adopted by 
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 to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of the Review \2\
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    \2\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement & Compliance, the Department has exercised 
its discretion to toll all administrative deadlines due to the 
recent closure of the Federal Government. See Memorandum to the 
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, 
regarding ``Tolling of Administrative Deadlines As a Result of the 
Government Closure During Snowstorm Jonas,'' dated January 27, 2016. 
All deadlines in this segment of the proceeding have been extended 
by four business days. The revised deadline for the preliminary 
results of this administrative review is now March 7, 2016.
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    As a result of this review, the Department preliminarily determines 
that a weighted-average dumping margin of 6.33 percent exists for 
Camesa for the period December 12, 2013, through May 31, 2015.

Disclosure and Public Comment

    We intend 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 in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\3\ 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.\4\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), 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.
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    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(d).
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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 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 parties intend to discuss. Issues raised in 
the hearing will be limited to those raised in the respective case and 
rebuttal briefs. 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. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, not later than 120 days after the date of 
publication of this notice, unless the deadline is extended.\5\
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    \5\ See Section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 covered by this 
review.\6\
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    \6\ See 19 CFR 351.212(b)(1).
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    We calculated importer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
to that importer. 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. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or the importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\7\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012); see also 19 CFR 351.106(c)(2).
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    We intend to issue instructions to CBP 41 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Camesa will be 
the rate established in the final results of this review, except if the 
rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., 
less than 0.50 percent), in which case the cash deposit rate will be 
zero; (2) for previously reviewed or investigated companies not 
participating in this review, 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 9.99 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\8\ These requirements, when imposed, shall remain in 
effect until further notice.
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    \8\ See Prestressed Concrete Steel Rail Tie Wire From Mexico and 
the People's Republic of China: Antidumping Duty Orders, 79 FR 35727 
(June 24, 2014).
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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

[[Page 12468]]

regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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 351.221(b)(4).

    Dated: March 2, 2016.
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 the Methodology
    A. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Constructed Export Price
    D. Normal Value
    1. Home Market Viability and Selection of Comparison Market
    2. Level of Trade (LOT)
    E. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    F. Calculation of Normal Value Based on Comparison Market Prices
    G. Currency Conversion
V. Recommendation

[FR Doc. 2016-05284 Filed 3-8-16; 8:45 am]
 BILLING CODE 3510-DS-P