[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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A. de C.V.........................................        1.54
ArcelorMittal Las Truchas, S.A. de C.V......................        2.59
------------------------------------------------------------------------

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