Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review; 2010-2011, 28190-28192 [2013-11464]
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28190
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
and improve fishery management
decision-making, satisfy legal mandates
under Executive Order 12866, the
Magnuson Stevens Fishery Conservation
and Management Act (U.S.C. 1801 et
seq.), the Regulatory Flexibility Act, the
Endangered Species Act, and the
National Environmental Policy Act, and
other pertinent statues.
Affected Public: Individuals or
households.
Frequency: One time.
Respondent’s Obligation: Voluntary.
OMB Desk Officer:
OIRA_Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW, Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to
OIRA_Submission@omb.eop.gov.
Dated: May 9, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–11425 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–7–2013]
mstockstill on DSK4VPTVN1PROD with NOTICES
Authorization of Production Activity;
Foreign-Trade Subzone 29C; GE
Appliances (Electric Water Heaters);
Louisville, Kentucky
On January 7, 2013, GE Appliances,
operator of Subzone 29C in Louisville,
Kentucky, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 7394–7395, 2–
1–2013). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
VerDate Mar<15>2010
16:52 May 13, 2013
Jkt 229001
Dated: May 7, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–11317 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–42–2013]
Foreign-Trade Zone (FTZ) 134—
Chattanooga, Tennessee; Notification
of Proposed Production Activity;
Komatsu America Corporation
(Construction and Forestry Equipment
Production); Chattanooga, Tennessee
The Chattanooga Area Chamber of
Commerce, grantee of FTZ 134,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Komatsu America Corporation
(Komatsu), for its facility located in
Chattanooga, Tennessee. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on May 6, 2013.
The Komatsu facility is located within
Site 14 of FTZ 134 (S–38–2013, 4–2–
2013). The facility is used for the
production of construction and forestry
equipment. Pursuant to 15 CFR
400.14(b), FTZ activity would be limited
to the specific foreign-status materials
and components and specific finished
products listed in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt Komatsu from customs
duty payments on the foreign status
components used in export production
(an estimated five percent of
production). On its domestic sales,
Komatsu would be able to choose the
duty rates during customs entry
procedures that apply to hydraulic
excavators; bulldozers; wheel loaders;
dump trucks; forklifts; forestry
harvesters, feller bunchers and
forwarders; and, parts of excavators and
forestry equipment (duty rates range
from duty-free to 25%) for the foreign
status inputs noted below. Customs
duties also could possibly be deferred or
reduced on foreign status production
equipment.
The components and materials
sourced from abroad include: cleaning
agents; glues; adhesives; adhesive
plates; O-rings; rubber bolts/rods; hoses/
tubes (including reinforced); floor mats;
gaskets/washers/seals; rubber caps;
glass; mirrors; insulating covers; tubes/
pipes; elbows; nipples; fuel tanks;
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joints; nuts; washers; rivets; cotter pins;
indicators; springs; supports; clamps;
pipes; brackets; engines; engine blocks;
engine plugs; engine cylinders; motors;
pump assemblies; parts of pumps; fan
parts; bands; filter assemblies; air
cleaner assemblies; connectors; arm
assemblies; plastic shrouds;
accumulators; accumulator parts;
valves; breathers; ball bearings;
bearings; bearing flanges; bushings;
swing circles; pulleys; idlers and parts;
gaskets; washers; alternators; cameras;
monitors; horns; fuses; electrical
connectors; switch sensors; lamps;
wiring harnesses; electrical cables;
bumpers and parts; supports; exhaust
tubes; steering wheels; guides; sensors;
plugs; and timer switches (duty rate
ranges from duty-free to 8.6%). The
request indicates that certain bearings
and bearing flanges may be subject to
antidumping/countervailing duty (AD/
CVD) orders. The FTZ Board’s
regulations (15 CFR 400.14(e)) require
that merchandise subject to AD/CVD
actions be admitted to the zone in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
24, 2013.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov (202)
482–1367.
Dated: May 7, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–11315 Filed 5–13–13; 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: Final Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
On November 8, 2012, 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, 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).
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations. The final results,
consequently, differ from the
preliminary results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: May 14, 2013.
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:
SUMMARY:
Background
On November 8, 2012, the Department
published in the Federal Register the
Preliminary Results of the antidumping
duty administrative review of wire rod
from Mexico.1 We invited interested
parties to comment on our Preliminary
Results. On December 10, 2012, the
Department received case briefs from
Deacero S.A. de C.V. and Deacero USA,
Inc. (collectively, Deacero) and Nucor
Corporation (Nucor). On December 17,
2012, we received rebuttal briefs from
ArcelorMittal USA LLC and Gerdau
Ameristeel US Inc. (collectively,
ArcelorMittal), Nucor, and Deacero. The
Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Analysis of Comments Received
Scope of the Order
The merchandise subject to this order
is carbon and certain alloy steel wire
All issues raised in the case and
rebuttal briefs by parties to this
proceeding and to which we have
responded are listed in Appendix 1 to
this notice and addressed in the
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, ‘‘Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel
Wire Rod from Mexico; 2010–2011,
dated concurrently with this notice
(Issues and Decision Memorandum)’’,
which is hereby adopted by this notice.
A list of the issues which parties raised
is attached to this notice as Appendix I.
The Issues and Decision Memorandum
is a public document and is on file in
the Central Records Unit (CRU), Room
7046 of the main Department of
Commerce building, as well as
electronically via Import
Administration’s Antidumping and
1 See Carbon and Certain Alloy Steel Wire Rod
From Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2010–2011, 77 FR
66954 (November 8, 2012) (Preliminary Results).
2 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).
Period of Review
The POR covered by this review is
October 1, 2010, through September 30,
2011.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.2 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.
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16:52 May 13, 2013
Jkt 229001
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28191
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the CRU. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn.
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 have corrected a
programming error in the weightedaverage dumping margin calculation. A
detailed discussion of the corrections
made is included in the final analysis
memorandum,3 which is hereby
adopted by this notice and is on file
electronically via IA ACCESS and in the
CRU.
Final Results of Review
As a result of this review, we
determine that the following margin
exists for the period October 1, 2010,
through September 30, 2011:
Manufacturer/exporter
Deacero S.A. de C.V. and
Deacero USA, Inc. (collectively, Deacero) ........
Weightedaverage dumping
margin
(percent)
12.08
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), the
Department will determine, 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. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
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
3 See ‘‘Final Results in the 6th 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 Patricia Tran, International Trade
Analyst, AD/CVD Operations, Office 8, to The File,
through Eric Greynolds, Program Manager, AD/CVD
Operations, Office 8, dated concurrently with this
notice.
E:\FR\FM\14MYN1.SGM
14MYN1
28192
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the
ratio of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. If an
importer-specific assessment rate is zero
or de minimis (i.e., less than 0.50
percent) or the exporter has a weightedaverage dumping margin that is zero or
de minimis, the Department will
instruct CBP to assess that importer’s
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
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).
mstockstill on DSK4VPTVN1PROD with NOTICES
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.4 These cash deposit
4 See Notice of Final Determination of Sales at
Less Than Fair Value: Carbon and Certain Alloy
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16:52 May 13, 2013
Jkt 229001
requirements, when imposed, shall
remain in effect until further notice.
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
increase in antidumping duties by the
amount of antidumping duties
reimbursed.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of 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.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b). We are issuing and
publishing these results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Final
Decision Memorandum
Comment 1: Universe of Sales for Assessment
Rate and Cash Deposit Rate
Comment 2: Universe of Sales—Entry Date
vs. Sale Date
Comment 3: Establishing De Minimis
Guidelines for ‘‘Sufficient Sales’’ or
‘‘Meaningful Difference’’
Comment 4: Whether to Automatically Apply
the Average-to-Transaction Methodology to
the Final Results
Comment 5: Whether Nucor’s Argument in
Case Briefs Qualifies as New Information
Comment 6: Whether the Department Erred
in Calculating Inventory Carrying Cost
[FR Doc. 2013–11464 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P
Steel Wire Rod From Mexico, 67 FR 55800 (August
30, 2002).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Preliminary Results of
Antidumping Duty Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene retail carrier bags (PRCBs)
from Thailand. The review covers 11
respondents. The period of review
(POR) is August 1, 2011, through July
31, 2012. We preliminarily find that
subject merchandise has been sold at
less than normal value by the
companies subject to this review.
DATES: Effective Date: May 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the
antidumping duty order is polyethylene
retail carrier bags, which are currently
classified under subheading
3923.21.0085 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS number is provided for
convenience and customs purposes. A
full description of the scope of the order
is contained in 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
the 2011/12 Antidumping Duty
Administrative Review: Polyethylene
Retail Carrier Bags from Thailand,’’
dated concurrently with this notice
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The written description is dispositive.
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).
Access to IA ACCESS is available to
registered users at https://
E:\FR\FM\14MYN1.SGM
14MYN1
Agencies
[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28190-28192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11464]
-----------------------------------------------------------------------
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; 2010-2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
[[Page 28191]]
SUMMARY: On November 8, 2012, 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, 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).
Based on our analysis of the comments received, we have 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 firms are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective Date: May 14, 2013.
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:
Background
On November 8, 2012, the Department published in the Federal
Register the Preliminary Results of the antidumping duty administrative
review of wire rod from Mexico.\1\ We invited interested parties to
comment on our Preliminary Results. On December 10, 2012, the
Department received case briefs from Deacero S.A. de C.V. and Deacero
USA, Inc. (collectively, Deacero) and Nucor Corporation (Nucor). On
December 17, 2012, we received rebuttal briefs from ArcelorMittal USA
LLC and Gerdau Ameristeel US Inc. (collectively, ArcelorMittal), Nucor,
and Deacero. The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Carbon and Certain Alloy Steel Wire Rod From Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011, 77 FR 66954 (November 8, 2012) (Preliminary Results).
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is October 1, 2010, through
September 30, 2011.
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.\2\ 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.
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in Appendix 1
to this notice and addressed in the Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Issues and Decision Memorandum for the Final Results of
the Antidumping Duty Administrative Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico; 2010-2011, dated concurrently with this
notice (Issues and Decision Memorandum)'', which is hereby adopted by
this notice. A list of the issues which parties raised is attached to
this notice as Appendix I. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit (CRU), Room
7046 of the main Department of Commerce building, as well as
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 CRU. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Web at https://ia.ita.doc.gov/frn. 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 have corrected a
programming error in the weighted-average dumping margin calculation. A
detailed discussion of the corrections made is included in the final
analysis memorandum,\3\ which is hereby adopted by this notice and is
on file electronically via IA ACCESS and in the CRU.
---------------------------------------------------------------------------
\3\ See ``Final Results in the 6th 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 Patricia Tran, International Trade
Analyst, AD/CVD Operations, Office 8, to The File, through Eric
Greynolds, Program Manager, AD/CVD Operations, Office 8, dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine that the following margin
exists for the period October 1, 2010, through September 30, 2011:
------------------------------------------------------------------------
Weighted- average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Deacero S.A. de C.V. and Deacero USA, Inc. 12.08
(collectively, Deacero).............................
------------------------------------------------------------------------
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
the Department will determine, 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. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
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
[[Page 28192]]
Modification, 77 FR 8101 (February 14, 2012).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
the exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
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).
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.\4\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\4\ 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 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
increase in antidumping duties by the amount of antidumping duties
reimbursed.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b). We are issuing and publishing these
results of review in accordance with sections 751(a)(1) and 777(i)(1)
of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
Comment 1: Universe of Sales for Assessment Rate and Cash Deposit
Rate
Comment 2: Universe of Sales--Entry Date vs. Sale Date
Comment 3: Establishing De Minimis Guidelines for ``Sufficient
Sales'' or ``Meaningful Difference''
Comment 4: Whether to Automatically Apply the Average-to-Transaction
Methodology to the Final Results
Comment 5: Whether Nucor's Argument in Case Briefs Qualifies as New
Information
Comment 6: Whether the Department Erred in Calculating Inventory
Carrying Cost
[FR Doc. 2013-11464 Filed 5-13-13; 8:45 am]
BILLING CODE 3510-DS-P