Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 13545-13547 [2012-5575]
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices
Dated: March 1, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
We invited interested parties to
comment on the Preliminary Results. On
December 1, 2011, the Department
received case briefs from AMLT and
petitioners, Nucor Corporation (Nucor)
and Cascade Steel Rolling Mills, Inc.
(Cascade Mills). On December 6, 2011,
the Department received rebuttal briefs
from Nucor and Cascade Mills, and
ArcelorMittal USA Inc., (ArcelorMittal
USA), Gerdau Ameristeel US Inc.,
(Gerdau), and Evraz Rocky Mountain
Steel (Evraz Steel). No party requested
a hearing.
[FR Doc. 2012–5579 Filed 3–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Notice of Final
Results of Antidumping Duty
Administrative Review
Scope of the Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2011, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod (wire rod)
from Mexico.1 This review covers
imports of wire rod from ArcelorMittal
Las Truchas, S.A. de C.V. (AMLT) and
its affiliate, ArcelorMittal International
America LLC (AMIA).2 The period of
review (POR) is October 1, 2009,
through September 30, 2010.
Based on our analysis of comments
received, these final results differ from
the preliminary results. The final results
are listed below in the Final Results of
Review section.
DATES: Effective Date: March 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–8362.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
srobinson on DSK4SPTVN1PROD with NOTICES
On November 1, 2011, the Department
published the Preliminary Results of the
fifth administrative review of the
antidumping duty order on wire rod
from Mexico. See Preliminary Results.
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Notice of Preliminary Results of
Antidumping Duty Administrative Review 76 FR
67407 (November 1, 2011) (Preliminary Results).
2 We determined that AMLT is the successor-ininterest to Sicartsa in an antidumping changed
circumstances review. The final Federal Register
notice was published on July 29, 2011. See Final
Results of Antidumping Duty Changed
Circumstances Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico, 76 FR 45509 (July 29,
2011).
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Jkt 226001
The merchandise subject to this order
is certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, 5.00
mm or more, but less than 19.00 mm, in
solid cross-sectional diameter.
Specifically excluded are steel
products possessing the above-noted
physical characteristics and meeting the
Harmonized Tariff Schedule of the
United States (HTSUS) definitions for
(a) stainless steel; (b) tool steel; (c) high
nickel steel; (d) ball bearing steel; and
(e) concrete reinforcing bars and rods.
Also excluded are (f) free machining
steel products (i.e., products that
contain by weight one or more of the
following elements: 0.03 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
Also excluded from the scope are
1080 grade tire cord quality wire rod
and 1080 grade tire bead quality wire
rod. This grade 1080 tire cord quality
rod is defined as: (i) Grade 1080 tire
cord quality wire rod measuring 5.0 mm
or more but not more than 6.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non-deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.15 mm; (vi) capable of being drawn to
a diameter of 0.30 mm or less with 3 or
fewer breaks per ton, and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of aluminum, (3)
0.040 percent or less, in the aggregate,
of phosphorus and sulfur, (4) 0.006
percent or less of nitrogen, and (5) not
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13545
more than 0.15 percent, in the aggregate,
of copper, nickel and chromium.
This grade 1080 tire bead quality rod
is defined as: (i) Grade 1080 tire bead
quality wire rod measuring 5.5 mm or
more but not more than 7.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non-deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.2 mm; (vi) capable of being drawn to
a diameter of 0.78 mm or larger with 0.5
or fewer breaks per ton; and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of soluble aluminum,
(3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4)
0.008 percent or less of nitrogen, and (5)
either not more than 0.15 percent, in the
aggregate, of copper, nickel and
chromium (if chromium is not
specified), or not more than 0.10 percent
in the aggregate of copper and nickel
and a chromium content of 0.24 to 0.30
percent (if chromium is specified).
For purposes of the grade 1080 tire
cord quality wire rod and the grade
1080 tire bead quality wire rod, an
inclusion will be considered to be
deformable if its ratio of length
(measured along the axis—that is, the
direction of rolling—of the rod) over
thickness (measured on the same
inclusion in a direction perpendicular
to the axis of the rod) is equal to or
greater than three. The size of an
inclusion for purposes of the 20 microns
and 35 microns limitations is the
measurement of the largest dimension
observed on a longitudinal section
measured in a direction perpendicular
to the axis of the rod. This measurement
methodology applies only to inclusions
on certain grade 1080 tire cord quality
wire rod and certain grade 1080 tire
bead quality wire rod that are entered,
or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as
‘‘tire cord quality’’ or ‘‘tire bead quality’’
indicates the acceptability of the
product for use in the production of tire
cord, tire bead, or wire for use in other
rubber reinforcement applications such
as hose wire. These quality designations
are presumed to indicate that these
products are being used in tire cord, tire
bead, and other rubber reinforcement
applications, and such merchandise
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
intended for the tire cord, tire bead, or
other rubber reinforcement applications
is not included in the scope. However,
should the petitioners or other
interested parties provide a reasonable
basis to believe or suspect that there
exists a pattern of importation of such
products for other than those
applications, end-use certification for
the importation of such products may be
required. Under such circumstances,
only the importers of record would
normally be required to certify the end
use of the imported merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products subject to this order are
currently classifiable under 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,
7227.90.6050, 7227.90.6051
7227.90.6053, 7227.90.6058,
7227.90.6059, 7227.90.6080, and
7227.90.6085 of the HTSUS.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
for the Final Results of the Fifth
Administrative Review of the
Antidumping Duty Order on Carbon and
Certain Alloy Steel Wire Rod from
Mexico from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
(Decision Memorandum), dated
concurrently with this notice and which
is hereby adopted by this notice. A list
of the issues which parties have raised,
and to which we have responded in the
Decision Memorandum, is attached to
this notice as an Appendix. The
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available in
the Central Records Unit, main
Commerce Building, Room 7046. In
addition, a complete version of the
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20:26 Mar 06, 2012
Jkt 226001
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/frn/. The signed Decision
Memorandum and electronic version of
the Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received for AMLT, we have
recalculated AMLT’s inland freight
expenses incurred in the home market.
We have applied an inland freight
expense of zero for those home market
transactions in which AMLT reported
that no inland freight costs were
incurred. For all other home market
sales, we have continued to apply the
partial adverse facts available (AFA)
methodology utilized in the Preliminary
Results. AMLT’s adjustments are
discussed in detail in the accompanying
Decision Memorandum. See February
29, 2012, Final Calculation
Memorandum for AMLT.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage dumping margin exists for the
period October 1, 2009, through
September 30, 2010:
WeightedAverage
margin
(Percent)
Producer/
Manufacturer
AMLT ..........................................
5.59
Assessment Rate
Pursuant to these final results, the
Department has determined, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
for AMLT to CBP 15 days after the date
of publication of these final results.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific (or
customer-specific) ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review if any importer-specific (or
customer-specific) assessment rates
calculated in the final results of this
review are above de minimis.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of
Antidumping Duties). This clarification
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will apply to entries of subject
merchandise during the POR produced
by AMLT for which AMLT did not
know the merchandise was destined for
the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no company-specific rate for an
intermediary involved in the
transaction. 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, 65947
(October 29, 2002) (Wire Rod Orders)
(establishing an all-others rate of 20.11
percent). See Assessment of
Antidumping Duties for a full
discussion of this clarification.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of wire rod
from Mexico entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(1) of the Tariff Act of
1930, as amended (the Act): (1) The cash
deposit rate for AMLT will be the rate
established in the final results of review;
(2) if the exporter is not a firm covered
in this review or the less-than-fair-value
(LTFV) 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 (3) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will be 20.11 percent, the
all-others rate established in the LTFV
investigation. See Wire Rod Orders at
65947. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
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 the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties. See 19 CFR
351.402(f)(3).
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices
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 terms of an APO is a violation
which is subject to sanction.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Comments:
ArcelorMittal Las Truchas, S.A. de C.V.
(AMLT)
Comment 1: Treatment of Sales with
Negative Dumping Margins (Zeroing)
Comment 2: Application of Partial Adverse
Facts Available to ArcelorMittal Las
Truchas, S.A. de C.V.’s Reported Home
Market Inland Freight Expenses
[FR Doc. 2012–5575 Filed 3–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Preliminary Results of
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the sixth
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp (‘‘shrimp’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’) for the period of review
(‘‘POR’’) February 1, 2010, through
January 31, 2011. As discussed below,
we preliminarily determine that sales
have been made below normal value
(‘‘NV’’). If these preliminary results are
adopted in our final results of review,
we will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the POR for which
the importer-specific assessment rates
are above de minimis.
srobinson on DSK4SPTVN1PROD with NOTICES
AGENCY:
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18:40 Mar 06, 2012
Jkt 226001
Effective Date: March 7, 2012.
Toni
Dach or Seth Isenberg, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1655 or (202) 482–
0588, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On February 1, 2005, the Department
published in the Federal Register the
antidumping duty order on frozen
warmwater shrimp from Vietnam.1 On
February 1, 2011, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order for
the period February 1, 2010, through
January 31, 2011.2
From February 25, 2011, through
February 28, 2011, we received requests
to conduct administrative reviews from
the American Shrimp Processors
Association (‘‘ASPA’’), the Domestic
Producers,3 and certain Vietnamese
companies. On March 31, 2011, the
Department published in the Federal
Register the notice of initiation of this
administrative review.4
On October 20, 2011, the Department
published in the Federal Register a
notice extending the time period for
issuing the preliminary results by 90
days.5 On January 20, 2012, the
Department published in the Federal
Register an additional notice extending
the time period for issuing the
preliminary results by 30 days.6
On May 15, 2011, the Department
received a letter from Quoc Viet
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (‘‘Order’’).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 76 FR 5559
(February 1, 2011).
3 The Domestic Producers are the Ad Hoc Shrimp
Trade Action Committee members: Nancy Edens;
Papa Rod, Inc.; Carolina Seafoods; Bosarge Boats,
Inc.; Knight’s Seafood Inc.; Big Grapes, Inc.;
Versaggi Shrimp Co.; and Craig Wallis.
4 See Initiation of Antidumping Duty
Administrative Reviews, Requests for Revocation in
Part, and Deferral of Administrative Review, 76 FR
17825 (March 31, 2011).
5 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Extension of
Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 65178 (October 20,
2011).
6 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Extension of
Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 2958 (January 20,
2012).
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13547
Seaproducts Processing Trading Import
and Export Co., Ltd. (‘‘Quoc Viet’’)
indicating that it made no shipments of
subject merchandise during the POR.
On May 31, 2011, the Department
received similar letters from Nam Hai
Foodstuff and Export Company Ltd.
(‘‘Nam Hai’’) and Vinh Loi Import
Export Company (‘‘Vinh Loi’’). Of the 68
companies/groups upon which we
initiated an administrative review, 24
companies submitted separate-rate
certifications, 10 companies submitted
separate-rate applications, and three
companies stated that they did not
export subject merchandise to the
United States during the POR.
Respondent Selection
Section 777A(c)(1) of the Tariff Act of
1930, as amended (‘‘the Act’’), directs
the Department to calculate individual
dumping margins for each known
exporter or producer of the subject
merchandise.7 However, section
777A(c)(2) of the Act gives the
Department the discretion to limit its
examination to a reasonable number of
exporters or producers if it is not
practicable to examine all exporters or
producers involved in an administrative
review.
On April 19, 2011, the Department
released CBP data for entries of subject
merchandise during the POR under
administrative protective order (‘‘APO’’)
to all interested parties having an APO
as of the date of this release, and invited
comments regarding the CBP data and
respondent selection. On April 29, 2011,
the Department received comments
from the ASPA, the Domestic Producers,
and certain Vietnamese respondents
regarding respondent selection for this
review. No other interested parties
submitted comments for respondent
selection and no interested parties
rebutted these respondent selection
comments.
On June 17, 2011, the Department
issued the respondent selection
memorandum, in which it explained
that, because of the large numbers of
exporters or producers involved in the
review, it would not be practicable to
individually examine all companies.
Rather, the Department determined that
it could only reasonably examine two
exporters in this review. Pursuant to
section 777A(c)(2)(B) of the Act, the
Department selected Minh Phu Seafood
Corporation (and its affiliates Minh Qui
Seafood Co., Ltd., and Minh Phat
Seafood Co., Ltd.) (collectively ‘‘the
Minh Phu Group’’), and Nha Trang
Seaproduct Company (‘‘Nha Trang
7 See also 19 CFR 351.204(c) regarding
respondent selection, in general.
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]]>Agencies
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13545-13547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5575]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2011, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order on carbon
and certain alloy steel wire rod (wire rod) from Mexico.\1\ This review
covers imports of wire rod from ArcelorMittal Las Truchas, S.A. de C.V.
(AMLT) and its affiliate, ArcelorMittal International America LLC
(AMIA).\2\ The period of review (POR) is October 1, 2009, through
September 30, 2010.
---------------------------------------------------------------------------
\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Notice of Preliminary Results of Antidumping Duty Administrative
Review 76 FR 67407 (November 1, 2011) (Preliminary Results).
\2\ We determined that AMLT is the successor-in-interest to
Sicartsa in an antidumping changed circumstances review. The final
Federal Register notice was published on July 29, 2011. See Final
Results of Antidumping Duty Changed Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod from Mexico, 76 FR 45509 (July 29,
2011).
---------------------------------------------------------------------------
Based on our analysis of comments received, these final results
differ from the preliminary results. The final results are listed below
in the Final Results of Review section.
DATES: Effective Date: March 7, 2012.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-8362.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2011, the Department published the Preliminary
Results of the fifth administrative review of the antidumping duty
order on wire rod from Mexico. See Preliminary Results. We invited
interested parties to comment on the Preliminary Results. On December
1, 2011, the Department received case briefs from AMLT and petitioners,
Nucor Corporation (Nucor) and Cascade Steel Rolling Mills, Inc.
(Cascade Mills). On December 6, 2011, the Department received rebuttal
briefs from Nucor and Cascade Mills, and ArcelorMittal USA Inc.,
(ArcelorMittal USA), Gerdau Ameristeel US Inc., (Gerdau), and Evraz
Rocky Mountain Steel (Evraz Steel). No party requested a hearing.
Scope of the Order
The merchandise subject to this order is certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid
cross-sectional diameter.
Specifically excluded are steel products possessing the above-noted
physical characteristics and meeting the Harmonized Tariff Schedule of
the United States (HTSUS) definitions for (a) stainless steel; (b) tool
steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete
reinforcing bars and rods. Also excluded are (f) free machining steel
products (i.e., products that contain by weight one or more of the
following elements: 0.03 percent or more of lead, 0.05 percent or more
of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of
phosphorus, more than 0.05 percent of selenium, or more than 0.01
percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. This grade 1080 tire
cord quality rod is defined as: (i) Grade 1080 tire cord quality wire
rod measuring 5.0 mm or more but not more than 6.0 mm in cross-
sectional diameter; (ii) with an average partial decarburization of no
more than 70 microns in depth (maximum individual 200 microns); (iii)
having no non-deformable inclusions greater than 20 microns and no
deformable inclusions greater than 35 microns; (iv) having a carbon
segregation per heat average of 3.0 or better using European Method NFA
04-114; (v) having a surface quality with no surface defects of a
length greater than 0.15 mm; (vi) capable of being drawn to a diameter
of 0.30 mm or less with 3 or fewer breaks per ton, and (vii) containing
by weight the following elements in the proportions shown: (1) 0.78
percent or more of carbon, (2) less than 0.01 percent of aluminum, (3)
0.040 percent or less, in the aggregate, of phosphorus and sulfur, (4)
0.006 percent or less of nitrogen, and (5) not more than 0.15 percent,
in the aggregate, of copper, nickel and chromium.
This grade 1080 tire bead quality rod is defined as: (i) Grade 1080
tire bead quality wire rod measuring 5.5 mm or more but not more than
7.0 mm in cross-sectional diameter; (ii) with an average partial
decarburization of no more than 70 microns in depth (maximum individual
200 microns); (iii) having no non-deformable inclusions greater than 20
microns and no deformable inclusions greater than 35 microns; (iv)
having a carbon segregation per heat average of 3.0 or better using
European Method NFA 04-114; (v) having a surface quality with no
surface defects of a length greater than 0.2 mm; (vi) capable of being
drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per
ton; and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of
nitrogen, and (5) either not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium (if chromium is not specified), or not
more than 0.10 percent in the aggregate of copper and nickel and a
chromium content of 0.24 to 0.30 percent (if chromium is specified).
For purposes of the grade 1080 tire cord quality wire rod and the
grade 1080 tire bead quality wire rod, an inclusion will be considered
to be deformable if its ratio of length (measured along the axis--that
is, the direction of rolling--of the rod) over thickness (measured on
the same inclusion in a direction perpendicular to the axis of the rod)
is equal to or greater than three. The size of an inclusion for
purposes of the 20 microns and 35 microns limitations is the
measurement of the largest dimension observed on a longitudinal section
measured in a direction perpendicular to the axis of the rod. This
measurement methodology applies only to inclusions on certain grade
1080 tire cord quality wire rod and certain grade 1080 tire bead
quality wire rod that are entered, or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise
[[Page 13546]]
intended for the tire cord, tire bead, or other rubber reinforcement
applications is not included in the scope. However, should the
petitioners or other interested parties provide a reasonable basis to
believe or suspect that there exists a pattern of importation of such
products for other than those applications, end-use certification for
the importation of such products may be required. Under such
circumstances, only the importers of record would normally be required
to certify the end use of the imported merchandise.
All products meeting the physical description of subject
merchandise that are not specifically excluded are included in this
scope.
The products subject to this order are currently classifiable under
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, 7227.90.6050,
7227.90.6051 7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080,
and 7227.90.6085 of the HTSUS.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum for the Final Results of the Fifth Administrative Review of
the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod
from Mexico from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration, (Decision
Memorandum), dated concurrently with this notice and which is hereby
adopted by this notice. A list of the issues which parties have raised,
and to which we have responded in the Decision Memorandum, is attached
to this notice as an Appendix. The Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available in the Central Records Unit,
main Commerce Building, Room 7046. In addition, a complete version of
the Decision Memorandum can be accessed directly on the Web at https://ia.ita.doc.gov/frn/. The signed Decision Memorandum and electronic
version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received for AMLT, we have
recalculated AMLT's inland freight expenses incurred in the home
market. We have applied an inland freight expense of zero for those
home market transactions in which AMLT reported that no inland freight
costs were incurred. For all other home market sales, we have continued
to apply the partial adverse facts available (AFA) methodology utilized
in the Preliminary Results. AMLT's adjustments are discussed in detail
in the accompanying Decision Memorandum. See February 29, 2012, Final
Calculation Memorandum for AMLT.
Final Results of Review
As a result of our review, we determine that the following
weighted-average dumping margin exists for the period October 1, 2009,
through September 30, 2010:
------------------------------------------------------------------------
Weighted-
Average
Producer/ Manufacturer margin
(Percent)
------------------------------------------------------------------------
AMLT........................................................ 5.59
------------------------------------------------------------------------
Assessment Rate
Pursuant to these final results, the Department has determined, and
CBP shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions for AMLT to CBP 15
days after the date of publication of these final results. Pursuant to
19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific (or customer-specific) assessment rates
calculated in the final results of this review are above de minimis.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by AMLT for which AMLT did
not know the merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate un-reviewed entries at the
all-others rate if there is no company-specific rate for an
intermediary involved in the transaction. 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, 65947 (October 29, 2002) (Wire Rod Orders) (establishing an all-
others rate of 20.11 percent). See Assessment of Antidumping Duties for
a full discussion of this clarification.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of wire rod from Mexico entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act): (1)
The cash deposit rate for AMLT will be the rate established in the
final results of review; (2) if the exporter is not a firm covered in
this review or the less-than-fair-value (LTFV) 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 (3)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review conducted by the Department, the cash deposit
rate will be 20.11 percent, the all-others rate established in the LTFV
investigation. See Wire Rod Orders at 65947. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties. See 19 CFR 351.402(f)(3).
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their
[[Page 13547]]
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 terms of an APO is a violation which is
subject to sanction.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Comments:
ArcelorMittal Las Truchas, S.A. de C.V. (AMLT)
Comment 1: Treatment of Sales with Negative Dumping Margins
(Zeroing)
Comment 2: Application of Partial Adverse Facts Available to
ArcelorMittal Las Truchas, S.A. de C.V.'s Reported Home Market
Inland Freight Expenses
[FR Doc. 2012-5575 Filed 3-6-12; 8:45 am]
BILLING CODE 3510-DS-P
