Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 66954-66956 [2012-27341]
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66954
Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices
quantity associated with those
transactions, the Department will direct
CBP to assess importer-specific
assessment rates based on the resulting
per-unit rates.21 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis, the
Department will instruct CBP to collect
the appropriate duties at the time of
liquidation.22 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.23
tkelley on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be established in the final
results of this review (except, if the rate
is zero or de minimis, then no cash
deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 187.25 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
21 See
id.
22 See id.
23 See 19 CFR 351.106(c)(2).
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This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–27337 Filed 11–7–12; 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: Preliminary Results
of Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on carbon
and certain alloy steel wire rod (wire
rod) from Mexico. The period of review
is October 1, 2010, through September
30, 2011, and the review covers one
producer/exporter of the subject
merchandise, Deacero S.A. de C.V. and
Deacero USA, Inc. (collectively,
Deacero). We have preliminarily found
that sales of the subject merchandise
have been made at prices below normal
value.
DATES: Effective November 8, 2012.
FOR FURTHER INFORMATION CONTACT:
Patricia M. Tran or Eric B. Greynolds,
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) 482–1503 or (202) 482–
6071, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
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Fmt 4703
Sfmt 4703
numbers are provided for convenience
and customs purposes, the written
product description, available in 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), remains
dispositive.
On October 1, 2012, the Department
published Carbon and Certain Alloy
Steel Wire Rod from Mexico: Affirmative
Final Determination of Circumvention
of the Antidumping Duty Order.1 The
Department found that shipments of
wire rod with an actual diameter of 4.75
mm to 5.00 mm produced in Mexico
and exported to the United States by
Deacero 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.
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
prices have been calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
Petitioners filed an allegation
demonstrating that Deacero made sales
below the cost of production. We have
reasonable grounds to believe or suspect
that Deacero’s sales of the foreign like
product under consideration for the
determination of normal value in this
review may have been made at prices
below the cost of production (COP) as
provided by section 773(b)(2)(A)(ii) of
the Act. Accordingly, pursuant to
section 773(b)(1) of the Act, we have
conducted a COP analysis of Deacero’s
sales in Mexico in this review. Based on
this test, we disregarded certain sales
made by Deacero in its comparison
markets which were made at below-cost
prices.
For a full description of the
methodology underlying our
conclusions, please see the
memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty
Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from
Mexico’’ (Preliminary Decision
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 77
FR 59892 (October 1, 2012).
E:\FR\FM\08NON1.SGM
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Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices
Memorandum), dated concurrently with
these results and hereby adopted by this
notice. The Preliminary 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 to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
tkelley on DSK3SPTVN1PROD with NOTICES
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that a dumping
margin of 12.31 percent exists for
Deacero for the period October 1, 2010,
through September 30, 2011.
Disclosure and Public Comment
The Department intends 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.2
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
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.3 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.4
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically via IA ACCESS within 30
days after the date of publication of this
notice.5 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Issues raised in the
hearing will be limited to those raised
in the respective case briefs. The
Department will issue the final results
2 See
19 CFR 351.224(b).
19 CFR 351.309(d).
4 See 19 CFR 351.309(c)(2) and (d)(2).
5 See 19 CFR 351.310(c).
3 See
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18:34 Nov 07, 2012
Jkt 229001
of this administrative review, including
the results of its analysis of the issues
raised by the parties in any written
briefs, not later 120 days after the date
of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Deacero reported the name of
the importer of record and the entered
value for all of its sales to the United
Stated during the POR. If Deacero’s
weighted-average dumping margin is
above de minimis, we will calculate
importer-specific ad valorem duty
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).6 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 (i.e., 0.50 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review where
applicable.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their 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 rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
6 In these preliminary results, 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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Sfmt 4703
66955
We intend to issue instructions to
CBP 15 days after publication of the
final results of this 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 rate for Deacero will be the rate
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.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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 double 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 351.213.
7 See Notice of Final Determination of Sales at
Less Than Fair Value: Carbon and Certain Alloy
Steel Wire Rod From Mexico, 67 FR 55800 (August
30, 2002).
E:\FR\FM\08NON1.SGM
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66956
Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Universe of U.S. Sales
2. Targeted Dumping
3. Fair Value Comparisons
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Normal Value
8. Affiliated Respondents
9. Cost of Production Analysis
10. Currency Conversion
[FR Doc. 2012–27341 Filed 11–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–828, A–823–805]
Silicomanganese From the People’s
Republic of China and Ukraine:
Continuation of Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘the Department’’) that
revocation of the antidumping duty
(‘‘AD’’) orders on silicomanganese from
the People’s Republic of China (‘‘PRC’’)
and Ukraine would likely lead to
continuation or recurrence of dumping,
and the determinations by the U.S.
International Trade Commission (‘‘the
ITC’’) that revocation of these AD orders
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States, the
Department is publishing this notice of
the continuation of these AD orders.
DATES: Effective November 8, 2012.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4987.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
On August 1, 2011, the Department
initiated and the ITC instituted sunset
reviews of the AD orders on
silicomanganese from the PRC and
Ukraine, pursuant to sections 751(c) and
752 of the Tariff Act of 1930, as
VerDate Mar<15>2010
18:34 Nov 07, 2012
Jkt 229001
amended (‘‘the Act’’).1 As a result of its
reviews, the Department found that
revocation of the AD orders would
likely lead to continuation or recurrence
of dumping and notified the ITC of the
margins of dumping likely to prevail
were the orders revoked.2
On October 31, 2012, the ITC
published its determination, pursuant to
section 751(c) of the Act, that revocation
of the AD orders on silicomanganese
from the PRC and Ukraine would be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.3
Scope of the Orders
The merchandise covered by the
orders is silicomanganese.
Silicomanganese, which is sometimes
called ferrosilicon manganese, is a
ferroalloy composed principally of
manganese, silicon and iron, and
normally contains much smaller
proportions of minor elements, such as
carbon, phosphorus, and sulfur.
Silicomanganese generally contains by
weight not less than 4 percent iron,
more than 30 percent manganese, more
than 8 percent silicon, and not more
than 3 percent phosphorous. All
compositions, forms, and sizes of
silicomanganese are included within the
scope of the order, including
silicomanganese slag, fines, and
briquettes. Silicomanganese is used
primarily in steel production as a source
of both silicon and manganese.
Silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Some silicomanganese may
also currently be classifiable under
HTSUS subheading 7202.99.5040. The
orders cover all silicomanganese,
regardless of its tariff classification.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
orders remain dispositive.
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 76
FR 45778 (August 1, 2011) and Silicomanganese
From Brazil, China, and Ukraine Institution of a
Five-Year Review Concerning the Antidumping
Duty Orders on Silicomanganese From Brazil,
China, and Ukraine, 76 FR 45856 (August 1, 2011).
2 See Silicomanganese From Brazil, the People’s
Republic of China, and Ukraine: Final Results of the
Expedited Third Sunset Reviews of the
Antidumping Duty Orders, 76 FR 73587 (November
29, 2011).
3 See Silicomanganese From Brazil, China, and
Ukraine, 77 FR 65906 (October 31, 2012); see also
Silicomanganese from Brazil, China, and Ukraine
(Inv. Nos. 731–TA–671–673 (Third Review), USITC
Publication 4354, October 2012). With regard to the
AD order on silicomanganese from Brazil, the ITC
determined that the revocation of that order would
not be likely to lead to the continuation or
recurrence of material injury to an industry in the
United States.
PO 00000
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Fmt 4703
Sfmt 4703
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of these AD orders would
likely lead to continuation or recurrence
of dumping and of material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the AD orders on
silicomanganese from the PRC and
Ukraine.
U.S. Customs and Border Protection
will continue to collect cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise. The
effective date of the continuation of
these orders is the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of these orders not later than 30
days prior to the fifth anniversary of the
effective date of the continuations.
These five-year (sunset) reviews and
notice are in accordance with section
751(c) of the Act and published
pursuant to sections 751(c) and 777(i)(1)
of the Act, as well as 19 CFR
351.218(f)(4).
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–27339 Filed 11–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2012–OS–0137]
Proposed Collection; Comment
Request
United States Transportation
Command, DoD.
ACTION: Notice.
AGENCY:
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the United States
Transportation Command
(USTRANSCOM) announces a proposed
public information collection and seeks
public comment on the provisions
thereof. Comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility, and clarity
E:\FR\FM\08NON1.SGM
08NON1
Agencies
[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66954-66956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27341]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on carbon and certain alloy steel
wire rod (wire rod) from Mexico. The period of review is October 1,
2010, through September 30, 2011, and the review covers one producer/
exporter of the subject merchandise, Deacero S.A. de C.V. and Deacero
USA, Inc. (collectively, Deacero). We have preliminarily found that
sales of the subject merchandise have been made at prices below normal
value.
DATES: Effective November 8, 2012.
FOR FURTHER INFORMATION CONTACT: Patricia M. Tran or Eric B. Greynolds,
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) 482-1503
or (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
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,
available in 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), remains
dispositive.
On October 1, 2012, the Department published Carbon and Certain
Alloy Steel Wire Rod from Mexico: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order.\1\ The Department found
that shipments of wire rod with an actual diameter of 4.75 mm to 5.00
mm produced in Mexico and exported to the United States by Deacero
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.
---------------------------------------------------------------------------
\1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order, 77 FR 59892 (October 1, 2012).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export prices have been calculated in accordance with section 772 of
the Act. Normal value is calculated in accordance with section 773 of
the Act. Petitioners filed an allegation demonstrating that Deacero
made sales below the cost of production. We have reasonable grounds to
believe or suspect that Deacero's sales of the foreign like product
under consideration for the determination of normal value in this
review may have been made at prices below the cost of production (COP)
as provided by section 773(b)(2)(A)(ii) of the Act. Accordingly,
pursuant to section 773(b)(1) of the Act, we have conducted a COP
analysis of Deacero's sales in Mexico in this review. Based on this
test, we disregarded certain sales made by Deacero in its comparison
markets which were made at below-cost prices.
For a full description of the methodology underlying our
conclusions, please see the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from
Mexico'' (Preliminary Decision
[[Page 66955]]
Memorandum), dated concurrently with these results and hereby adopted
by this notice. The Preliminary 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 to registered users at
https://iaaccess.trade.gov and in the Central Records Unit (CRU), room
7046 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the Internet at https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
dumping margin of 12.31 percent exists for Deacero for the period
October 1, 2010, through September 30, 2011.
Disclosure and Public Comment
The Department intends 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.\2\ Pursuant
to 19 CFR 351.309(c), interested parties may submit cases briefs not
later than 30 days after the date of publication of this notice.
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.\3\ 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.\4\
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS within 30 days after the date of
publication of this notice.\5\ Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case briefs.
The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised by
the parties in any written briefs, not later 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. Deacero
reported the name of the importer of record and the entered value for
all of its sales to the United Stated during the POR. If Deacero's
weighted-average dumping margin is above de minimis, we will calculate
importer-specific ad valorem duty 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).\6\ 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 (i.e., 0.50 percent). Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review where applicable.
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\6\ In these preliminary results, 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 clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by each respondent for which they
did not know that their 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 rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
We intend to issue instructions to CBP 15 days after publication of
the final results of this 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 rate for Deacero will be the rate
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.\7\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ See Notice of Final Determination of Sales at Less Than Fair
Value: Carbon and Certain Alloy Steel Wire Rod From Mexico, 67 FR
55800 (August 30, 2002).
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Notification to Importers
This notice also serves as a preliminary 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 double 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 351.213.
[[Page 66956]]
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Universe of U.S. Sales
2. Targeted Dumping
3. Fair Value Comparisons
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Normal Value
8. Affiliated Respondents
9. Cost of Production Analysis
10. Currency Conversion
[FR Doc. 2012-27341 Filed 11-7-12; 8:45 am]
BILLING CODE 3510-DS-P