[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16832-16833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07993]


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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 and Final 
Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that Deacero 
S.A.P.I. de C.V. (Deacero), a producer and exporter of carbon and 
certain alloy steel wire rod (wire rod) from Mexico, made sales of 
subject merchandise at less than normal value (NV) during the period of 
review (POR), October 1, 2015, through September 30, 2016. We also find 
that ArcelorMittal las Truchas, S.A. de C.V. (AMLT) made no shipments 
of subject merchandise during the POR.

DATES: Applicable April 17, 2018.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5139.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review of wire rod from Mexico on November 8, 2017.\1\ We invited 
interested parties to comment on the Preliminary Results. On December 
8, 2017, Commerce received timely filed case briefs from Deacero, and 
Nucor Corporation (Nucor).\2\ On December 20, 2017, Commerce received 
timely filed rebuttal briefs from both Deacero and Nucor.
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Preliminary Results and Preliminary Determination of No Shipments; 
2015-2016, 82 FR 51819 (November 8, 2017) (Preliminary Results).
    \2\ See Deacero's Case Brief, ``Carbon and Certain Alloy Steel 
Wire Rod from Mexico--Case Brief,'' dated December 8, 2017 
(Deacero's Case Brief); the Nucor's Case Brief, ``Carbon and Certain 
Alloy Steel Wire Rod from Mexico: Case Brief,'' dated December 8, 
2017 (Nucor's Case Brief).
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    Commerce has exercised its discretion to toll all deadlines 
affected by the duration of the closure of the Federal Government from 
January 20 through 22, 2018.\3\ Additionally, on February 27, 2018, 
Commerce postponed the final results of this review by 30 days until 
April 11, 2018.\4\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding affected by 
the closure of the Federal Government have been extended by 3 days.
    \4\ See Commerce Letter re: Carbon and Certain Alloy Steel Wire 
Rod from Mexico: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2015-2016, dated February 
27, 2018.
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    Based on an analysis of the comments received, Commerce has made 
changes to the calculated weighted-average dumping margin determined 
for Deacero. Commerce has listed the final calculated weighted-average 
dumping margin in the ``Final Results of Administrative Review'' 
section below.

Scope of the Order \5\
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    \5\ For the full text of the scope of the order, see Memorandum, 
``Issues and Decision Memorandum for the Final Results of the 2015-
2016 Antidumping Duty Administrative Review: Carbon and Certain 
Alloy Steel Wire Rod from Mexico,'' dated concurrently with this 
determination and hereby adopted by this notice (Issues and Decision 
Memorandum).
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    The product covered by the order is wire rod, in coils, of 
approximately round cross section, 5.00 mm or more, but less than 19.00 
mm, in solid cross-sectional diameter.\6\ The subject merchandise is 
currently classifiable under the Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 7213.91.3000, 7213.91.3010, 
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 
7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 
7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 
7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 
7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and 
7227.90.6085. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description remains 
dispositive.
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    \6\ On October 1, 2012, Commerce determined that Deacero's 
shipments to the United States of narrow gauge wire rod (4.75 mm to 
5.00 mm) (narrow gauge wire rod) constitute merchandise altered in 
form or appearance in such minor respects that it should be included 
within the scope of the order on wire rod from Mexico. See Carbon 
and Certain Alloy Steel Wire Rod from Mexico: Affirmative Final 
Determination of Circumvention of the Antidumping Order, 77 FR 59892 
(October 1, 2012) and accompanying Issues and Decision Memorandum. 
The U.S. Court of Appeals for the Federal Circuit upheld this 
determination. See Deacero S.A. de C.V. v. United States, 817 F.3d 
1332, 1339 (Fed. Cir. 2016). Because there were no changes to the 
facts which supported that decision since that determination, we 
continue to find Deacero's narrow gauge wire rod (4.75 mm to 5.00 
mm) subject merchandise.
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Analysis of Comments Received

    Commerce has addressed the issues raised by Deacero and Nucor in 
their case and rebuttal briefs in the Issues and Decision Memorandum. 
Commerce has identified and listed these issues in the Appendix to this 
notice. Because the Issues and Decision Memorandum is a public 
document, parties can find a complete discussion of these issues and 
the corresponding recommendations filed electronically via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov and in the Central Records Unit, room 
B8024 of the main Department of Commerce building. Additionally, 
parties can access a complete version of the Issues and Decision 
Memorandum directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on the case brief and rebuttal comments received from Deacero 
and Nucor, we made changes to our rate calculation for Deacero. For a 
discussion of these issues, see the Issues and Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that AMLT had no

[[Page 16833]]

shipments during the POR.\7\ Because there has not been any 
contradictory information added to the record of this review since the 
Preliminary Results, based on record evidence, Commerce continues to 
find that AMLT did not ship subject merchandise during the POR. 
Accordingly, consistent with Commerce's practice, we intend to instruct 
U.S. Customs and Border Protection (CBP) to liquidate any existing 
entries of subject merchandise made during the POR that were produced 
by AMLT, but exported by other parties without their own rate, at the 
all-others rate effective during the POR.\8\
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    \7\ See Preliminary Results, 82 FR at 51819-20.
    \8\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010). See also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Final Results of Administrative Review

    Commerce finds that the following estimated weighted-average 
dumping margin exists during the POR, as referenced below:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Deacero S.A.P.I. de C.V.....................................       12.57
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(1), Commerce intends to issue 
appropriate instructions to CBP 41 days after publication of the final 
results of this review.\9\
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    \9\ See 19 CFR 356.8(a).
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    For Deacero, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    As noted in the ``Final Determination of No Shipments'' section, 
above, Commerce will instruct CBP to liquidate any existing entries of 
merchandise produced by AMLT but exported by other parties, at the rate 
for the intermediate reseller, if available, or at the all-others rate.
    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 rate for Deacero will be the rate 
established in the final results of this administrative review; (2) for 
merchandise exported by producers 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 producer is, the cash deposit rate will be the rate established 
for the most recent period for the producer of the merchandise; and (4) 
the cash deposit rate for all other producer 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 also 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (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 
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 terms of an APO 
is a violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
    Comment 1: Whether Deacero's Reported Billet Cost Data Are 
Reliable
    Comment 2: Whether to Cap Deacero's Freight Revenue by its 
Freight Cost
    Comment 3: Whether to Rely on a Different Cost of Production 
(COP) Database
    Comment 4: Treatment of Certain Mixed Currency Variables Within 
the Margin Program
    Comment 5: Treatment of Certain Commissions Within the Margin 
Program
V. Recommendation

[FR Doc. 2018-07993 Filed 4-16-18; 8:45 am]
 BILLING CODE 3510-DS-P