[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Notices]
[Pages 31592-31594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Final
Results of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On November 10, 2015, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on carbon and certain alloy steel
wire rod (wire rod) from Mexico. The period of review (POR) is October
1, 2013, through September 30, 2014, and the review covers two
producers/exporters of subject merchandise: ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) and Deacero S.A.de C.V.\1\
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\1\ During this administrative review, we also examined Deacero
USA, Inc., the U.S.-based affiliate of Deacero S.A. de C.V. We refer
to these two companies collectively as Deacero.
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Based on our analysis of the comments received, we made certain
changes in the margin calculations. The final results, consequently,
differ from the preliminary results. The final weighted-average dumping
margins for the reviewed producers/exporters are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective May 19, 2016.
FOR FURTHER INFORMATION CONTACT: James Terpstra (for Deacero) and
Jolanta Lawska (for AMLT), 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 and 202-482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2015, the Department published in the Federal
Register the Preliminary Results of the antidumping duty administrative
review of wire rod from Mexico.\2\ We invited interested parties to
comment on our Preliminary Results. On December 10, 2015, the
Department received case briefs from Deacero, AMLT,\3\ Gerdau
Ameristeel USA, INC., and ArcelorMittal USA LLC, (collectively,
Petitioners), and Nucor Corporation (Nucor).\4\ On December 21, 2015,
all parties submitted rebuttal briefs. On January 12, 2016, the
Department extended the deadline for the final results of this
administrative review until May 9, 2016,\5\ which the Department tolled
to May 13, 2016.\6\ The Department conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\2\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 69641 (November 10, 2014) (Preliminary Results) and
accompanying Issues and Decision Memorandum (Preliminary Decision
Memorandum).
\3\ The Department rejected AMLT's originally filed case brief
because it contained untimely filed new factual information. See
Memorandum ``Rejection of Case Brief Submitted by AMLT'' dated
January 11, 2016. On January 20, 2016, AMLT submitted a revised case
brief.
\4\ Nucor Corporation (Nucor) is a domestic interested party.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations from
Erin Begnal, Director, Antidumping and Countervailing Duty
Operations, Office III through Eric B. Greynolds, Program Manager,
Antidumping and Countervailing Duty Operations, Office III regarding
Antidumping Duty Administrative Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Time Limit for Final
Results dated January 12, 2016.
\6\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department exercised
its discretion to toll all administrative deadlines due to the
closure of the Federal Government. See memorandum from Ron
Lorentzen, Acting Assistant Secretary for Enforcement & Compliance,
``Tolling of Administrative Deadlines as a Result of the Government
Closure During Snowstorm Jonas,'' dated January 27, 2016, in which
the Department extended all deadlines in this segment of the
proceeding by four business days. Pursuant to this memorandum, the
revised deadline for the preliminary results is May 13, 2016.
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[[Page 31593]]
Period of Review
The POR covered by this review is October 1, 2013, through
September 30, 2014.
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.\7\
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\7\ For a complete description of the scope of the order, see
Decision Memorandum for Final Results of 2013/14 Antidumping Duty
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from
Mexico (Final Decision Memorandum), dated concurrently with and
hereby adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised and to which we responded is
attached to this notice as an Appendix. The Issues and 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 in the Central Records
Unit (CRU), Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Internet at http://trade.gov/enforcement.
The signed Issues and Decision Memorandum and the electronic versions
of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the calculations. These changes are fully discussed in the
Issues and Decision Memorandum and the Calculation Memoranda for the
final results.\8\
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\8\ See ``Final Results in the 9th Administrative Review on
Carbon and Certain Alloy Steel Wire Rod from Mexico: Calculation
Memorandum for Deacero S.A. de C.V. and Deacero USA, Inc.
(collectively, Deacero),'' from James Terpstra, Senior International
Trade Analyst, AD/CVD Operations, Office III, to The File, through
Eric B. Greynolds, Program Manager, AD/CVD Operations, Office III,
and ``Final Results in the 9th Administrative Review on Carbon and
Certain Alloy Steel Wire Rod from Mexico: Calculation Memorandum for
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT)'' from Jolanta
Lawska, International Trade Analyst, AD/CVD Operations, Office III,
to The File, through Eric B. Greynolds, Program Manager, AD/CVD
Operations, Office III, dated concurrently with this notice
(collectively, Calculation Memoranda for Final Results).
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Final Results of Review
As a result of this review, we determine that the following margins
for the POR:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Deacero S.A. de C.V......................................... 1.54
ArcelorMittal Las Truchas, S.A. de C.V...................... 2.59
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
the Department has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review.\9\ For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated importer-
specific ad valorem 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). Upon issuance of the final results of this
administrative review, if any importer-specific assessment rates
calculated in the final results are above de minimis (i.e., at or above
0.5 percent), the Department will issue instructions directly to CBP to
assess antidumping duties on appropriate entries.
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\9\ 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).
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The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of 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 rates for Deacero and AMLT will be the
rates 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.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ 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
assessment of doubled antidumping duties.
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
[[Page 31594]]
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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. List of Comments
Deacero
Comment 1: Adjustment to the General and Administrative (G&A)
Expense Ratio
Comment 2: Whether the Department Erred in the Net Comparison-
Market Price (CMNETPRI) Calculation
Comment 3: Whether the Department Erred in Currency Conversion
Calculation
Comment 4: Treatment of Inland Insurance Verification
Corrections
Comment 5: Nucor's Clerical Error Corrections
Comment 6: Whether to Disallow Certain Post-Sale Price
Adjustments
Comment 7: Whether Deacero Engaged in ``Targeted Dumping''
AMLT
Comment 8: Whether AMLT's Depreciation Should Be Adjusted to
Reflect Mexican Generally Accepted Accounting Principles (GAAP)
Comment 9: Treatment of AMLT's Fixed Overhead Costs
Comment 10: Treatment of AMLT's Additional Mexican GAAP Costs
IV. Scope of the Order
V. Discussion of Comments
VI. Recommendation
[FR Doc. 2016-11858 Filed 5-18-16; 8:45 am]
BILLING CODE 3510-DS-P