Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 66358-66360 [2014-26424]
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66358
Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,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) The
cash deposit rate for Jiangsu RC, which
has a separate rate, will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero 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 existing exporterspecific rate; (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 that for the
PRC-wide entity (128.63 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 non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Intent Not To Rescind Review in Part
4. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Surrogate Country
5. Use of Facts Available
6. Fair Value Comparisons
a. Determination of Comparison Method
b. Results of the Differential Pricing
Analysis
c. U.S. Price
d. Normal Value
e. Factor Valuations
7. Currency Conversion
8. Recommendation
19:12 Nov 06, 2014
Jkt 235001
DATES:
Effective Date: November 7,
2014.
John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–1009.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
On October 2, 2013, the Department
published in the Federal Register the
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on carbon and
certain alloy steel wire rod from Mexico,
for the period of October 1, 2012
through September 30, 2013.2 On
December 3, 2013, the Department
published the notice of initiation of this
antidumping duty administrative review
with respect to Deacero.3
International Trade Administration
Scope of the Order
[A–201–830]
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 7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3090,
7213.91.3091, 7213.91.3092,
7213.91.3093, 7213.91.4500,
7213.91.4510, 7213.91.4590,
7213.91.6000, 7213.91.6010,
7213.91.6090, 7213.99.0030,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0000,
7227.20.0010, 7227.20.0020,
7227.20.0030, 7227.20.0080,
7227.20.0090, 7227.20.0095,
7227.90.6010, 7227.90.6020,
7227.90.6030, 7227.90.6035,
7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058,
7227.90.6059, 7227.90.6080, and
7227.90.6085 of the HTSUS. 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
[FR Doc. 2014–26542 Filed 11–6–14; 8:45 am]
BILLING CODE 3510–DS–P
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
of Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod from Mexico.
The period of review (POR) is October
1, 2012 through September 30, 2013.
The review was initiated at the request
of Deacero S.A. de C.V. and Deacero
USA, Inc. (collectively ‘‘Deacero’’).1 We
preliminarily find that during the POR,
Deacero made sales of subject
merchandise at less than normal value
(NV) during the POR. Interested parties
are invited to comment on these
preliminary results.
If these preliminary results are
adopted in the final results of this
administrative review, we will instruct
U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
all appropriate entries of subject
merchandise during the POR. Interested
parties are invited to comment on these
preliminary results. See ‘‘Preliminary
Results of Review’’ section of this
notice.
AGENCY:
1 See Deacero’s October 31, 2013, letter to the
Department.
13 Id.
VerDate Sep<11>2014
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 60847)
(October 1, 2013).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 72630
(December 3, 2013).
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Ukraine, 67 FR 65945 (October 29,
2002),4 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.5 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.
index.html. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
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 are calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
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 Ronald K. Lorentzen,
Acting Assistant Secretary for
Enforcement and Compliance,
‘‘Decision Memorandum for Preliminary
Results of 2012/13 Antidumping Duty
Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from
Mexico’’ (Preliminary Decision
Memorandum), dated concurrently with
these preliminary results and hereby
adopted by this notice. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and it is available to
all parties 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://enforcement.trade.gov/frn/
Deacero S.A. de C.V ............
4 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945, (October 29, 2002).
5 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).
VerDate Sep<11>2014
19:12 Nov 06, 2014
Jkt 235001
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
weighted-average dumping margin for
the POR is as follows:
Weightedaverage
dumping
margin
(percent)
Producer/Exporter
0.59
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
not zero or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific 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 not zero or de minimis. 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
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).
PO 00000
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Fmt 4703
Sfmt 4703
66359
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 equal to
the weighted-average dumping margin
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 completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the completed segment 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 in the completed segment
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 allothers rate established in the
investigation.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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.8
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
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).
8 See 19 CFR 351.224(b).
E:\FR\FM\07NON1.SGM
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66360
Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.9 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.10 Case and rebuttal briefs
must be filed electronically via IA
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Time in order for it
to have been submitted timely on that
day.
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
Enforcement and Compliance, filed
electronically via IA ACCESS within 30
days after the date of publication of this
notice.11 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 intends to 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.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Interested Parties
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.
9 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
10 See
VerDate Sep<11>2014
19:12 Nov 06, 2014
Jkt 235001
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
a. Universe of Sales
b. Fair Value Comparisons
c. Product Comparisons
d. Date of Sale
e. U.S. Price
f. Normal Value
g. Affiliated Respondents
h. Cost of Production Analysis
i. Currency Conversion
5. Conclusion
[FR Doc. 2014–26424 Filed 11–6–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD572
Availability of Report: California
Eelgrass Mitigation Policy and
Implementing Guidelines
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability.
AGENCY:
NMFS is issuing this notice to
provide the final California Eelgrass
Mitigation Policy (CEMP) and
Implementing Guidelines by NMFS
West Coast Region (WCR) to agencies
and the public to ensure there is a clear
and transparent process for developing
eelgrass mitigation recommendations.
The intent of the CEMP is to help ensure
consistent, effective, and appropriate
mitigation of unavoidable impacts to
eelgrass habitat throughout California. It
is anticipated that the adoption and
implementation of this policy will
provide for enhanced success of eelgrass
mitigation in California. The CEMP and
Implementing Guidelines, responses to
comments received on the draft CEMP,
and other supporting documents are
available at https://wcr.nmfs.noaa.gov/
habitat/ or by calling the contact person
listed below or by sending a request to
Korie.Schaeffer@noaa.gov. Please
include appropriate contact information
when requesting the documents.
FOR FURTHER INFORMATION CONTACT:
Korie Schaeffer, at 707–575–6087.
SUPPLEMENTARY INFORMATION: Eelgrass
species are seagrasses that occur in the
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
temperate unconsolidated substrate of
shallow coastal environments, enclosed
bays, and estuaries. California supports
dynamic eelgrass habitats that range in
extent from less than 11,000 acres to
possibly as much as 15,000 acres
statewide. While among the most
productive of habitats, the overall low
statewide abundance makes eelgrass one
of the rarest habitats in California.
Seagrass habitat has been lost from
temperate estuaries worldwide (Duarte
2002, Lotze et al. 2006, Orth et al. 2006).
While both natural and human-induced
mechanisms have contributed to these
losses, impacts from human population
expansion and associated pollution and
upland development is the primary
cause (Short and Wyllie-Echeverria
1996). Human activities that affect
eelgrass habitat distribution and
abundance, including, but not limited
to, urban development, harbor
development, aquaculture, agricultural
runoff, effluent discharges, and upland
land use associated sediment discharge
(Duarte 2008) occur throughout
California. The importance of eelgrass
both ecologically and economically,
coupled with ongoing human pressure
and potentially increasing degradation
and losses associated with climate
change, highlight the need to protect,
maintain, and where feasible, enhance
eelgrass habitat.
Eelgrass warrants a strong protection
strategy because of the important
biological, physical, and economic
values it provides, as well as its
importance to managed species under
the Magnuson Stevens Fishery
Conservation and Management Act.
NMFS developed the CEMP and
Implementing Guidelines to establish
and support a goal of protecting this
resource and its habitat functions,
including spatial coverage and density
of eelgrass habitats. The CEMP includes
NMFS’ policy to recommend no net loss
of eelgrass habitat function in
California. For all of California,
compensatory mitigation should be
recommended for the loss of existing
eelgrass habitat function, but only after
avoidance and minimization of effects
to eelgrass have been pursued to the
maximum extent practicable. Our
approach is congruous with the
approach taken in the federal Clean
Water Act guidelines under section
404(b)(1) (40 CFR part 230). In absence
of a complete functional assessment,
eelgrass distribution and density should
serve as a proxy for eelgrass habitat
function. Compensatory mitigation
options include comprehensive
management plans, in-kind mitigation,
E:\FR\FM\07NON1.SGM
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Agencies
[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Pages 66358-66360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26424]
-----------------------------------------------------------------------
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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Mexico. The period of review (POR) is
October 1, 2012 through September 30, 2013. The review was initiated at
the request of Deacero S.A. de C.V. and Deacero USA, Inc. (collectively
``Deacero'').\1\ We preliminarily find that during the POR, Deacero
made sales of subject merchandise at less than normal value (NV) during
the POR. Interested parties are invited to comment on these preliminary
results.
---------------------------------------------------------------------------
\1\ See Deacero's October 31, 2013, letter to the Department.
---------------------------------------------------------------------------
If these preliminary results are adopted in the final results of
this administrative review, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries of subject merchandise during the POR. Interested parties are
invited to comment on these preliminary results. See ``Preliminary
Results of Review'' section of this notice.
DATES: Effective Date: November 7, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1009.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2013, the Department published in the Federal
Register the notice of ``Opportunity to Request Administrative Review''
of the antidumping duty order on carbon and certain alloy steel wire
rod from Mexico, for the period of October 1, 2012 through September
30, 2013.\2\ On December 3, 2013, the Department published the notice
of initiation of this antidumping duty administrative review with
respect to Deacero.\3\
---------------------------------------------------------------------------
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 60847) (October 1, 2013).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
72630 (December 3, 2013).
---------------------------------------------------------------------------
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
7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093, 7213.91.4500,
7213.91.4510, 7213.91.4590, 7213.91.6000, 7213.91.6010, 7213.91.6090,
7213.99.0030, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0000,
7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, 7227.90.6035,
7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085 of the HTSUS. 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
[[Page 66359]]
Ukraine, 67 FR 65945 (October 29, 2002),\4\ remains dispositive.
---------------------------------------------------------------------------
\4\ See Notice of Antidumping Duty Orders: Carbon and Certain
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67 FR 65945, (October 29, 2002).
---------------------------------------------------------------------------
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.\5\ 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.
---------------------------------------------------------------------------
\5\ 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 are calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
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 Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of 2012/13
Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel
Wire Rod from Mexico'' (Preliminary Decision Memorandum), dated
concurrently with these preliminary results and hereby adopted by this
notice. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and it is
available to all parties 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://enforcement.trade.gov/frn/. 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 the
weighted-average dumping margin for the POR is as follows:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/Exporter margin
(percent)
------------------------------------------------------------------------
Deacero S.A. de C.V.................................... 0.59
------------------------------------------------------------------------
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 not zero or de minimis (i.e., less
than 0.5 percent), 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 not zero or de
minimis. 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 equal to the
weighted-average dumping margin 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 completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment 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 in the completed segment 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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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.\8\ 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
[[Page 66360]]
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\9\ 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.\10\ Case and rebuttal briefs
must be filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time in order for it to have been submitted timely on that day.
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Enforcement and
Compliance, filed electronically via IA ACCESS within 30 days after the
date of publication of this notice.\11\ 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 intends to 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.
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\11\ See 19 CFR 351.310(c).
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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.
Notification to Interested Parties
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.
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
a. Universe of Sales
b. Fair Value Comparisons
c. Product Comparisons
d. Date of Sale
e. U.S. Price
f. Normal Value
g. Affiliated Respondents
h. Cost of Production Analysis
i. Currency Conversion
5. Conclusion
[FR Doc. 2014-26424 Filed 11-6-14; 8:45 am]
BILLING CODE 3510-DS-P