Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review; 2012-2013, 27147-27148 [2015-11452]

Download as PDF Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices 2015, Petitioner and Magnesita withdrew their request for an administrative review on all of the five companies listed in the Initiation Notice.4 No other party requested a review of these companies or any other exporters of subject merchandise. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. In this case, Petitioner and Magnesita timely withdrew their request by the 90day deadline, and no other party requested an administrative review of the antidumping duty order. As a result, pursuant to 19 CFR 351.213(d)(1), we are rescinding, in its entirety, the administrative review of certain magnesia carbon bricks from the PRC for the period September 1, 2013 through August 31, 2014. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register, if appropriate. Notifications 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 Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) 4 See Letter from Petitioner and Magnesita, Fourth Administrative Review of the Antidumping Duty Order on Certain Magnesia Carbon Bricks from the PRC: Petitioners’ Withdrawal of Request for Administrative Review, dated January 27, 2015. VerDate Sep<11>2014 17:31 May 11, 2015 Jkt 235001 of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 5, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–11453 Filed 5–11–15; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–201–830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: On November 7, 2014, 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, 2012, through September 30, 2013, and the review covers one producer/exporter of subject merchandise, Deacero S.A.P.I. de C.V. Based on our analysis of the comments received, we 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 producer/exporter is listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: May 12, 2015. 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: AGENCY: Frm 00006 Fmt 4703 Background On November 7, 2014, 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 8, 2014, the Department received a case brief from Deacero S.A.P.I. de C.V. and Deacero USA, Inc. (collectively, Deacero). On December 15, 2014, we received a rebuttal brief from Petitioners.2 The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Period of Review The POR covered by this review is October 1, 2012, through September 30, 2013. Scope of the Order DEPARTMENT OF COMMERCE PO 00000 27147 Sfmt 4703 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 remains dispositive.3 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this proceeding are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s 1 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2012–2013, 77 FR 66358 (November 7, 2014) (Preliminary Results) and accompanying Issues and Decision Memorandum (Preliminary Decision Memorandum). 2 Petitioners are ArcelorMittal USA LLC and Gerdau Ameristeel U.S. Inc. 3 For a complete description of the scope of the order, see ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico: Issues and Decision Memorandum for the Final Results of the Antidumping Administrative Review; 2012–2013,’’ (Issues and Decision Memorandum), dated concurrently with and hereby adopted by this notice. E:\FR\FM\12MYN1.SGM 12MYN1 27148 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://trade.gov/ enforcement. 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 corrected two programming errors in the weightedaverage dumping margin calculation. A detailed discussion of the corrections made is included in the Calculation Memorandum for Final Results.4 Final Results of Review As a result of this review, we determine that the following margin exists for the period October 1, 2012, through September 30, 2013: Manufacturer/exporter Deacero S.A.P.I. de C.V. and Deacero USA, Inc. (collectively, Deacero) ....................... Weightedaverage dumping margin (percent) * 2.13 * ad valorem. mstockstill on DSK4VPTVN1PROD with NOTICES 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 4 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 John Conniff, International Trade Analyst, AD/CVD Operations, Office III, to The File, through Eric Greynolds, Program Manager, AD/CVD Operations, Office III, dated concurrently with this notice. VerDate Sep<11>2014 17:31 May 11, 2015 Jkt 235001 Antidumping Proceedings: Final 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). For 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, 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 assessment practice, 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.5 These cash deposit 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. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: May 6, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. List of Comments Comment 1: Calculation Errors Comment 2: Differential Pricing IV. Scope of the Order V. Discussion of Comments VI. Recommendation [FR Doc. 2015–11452 Filed 5–11–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Patents for Humanity Program 5 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 ACTION: Proposed collection; comment request. E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27147-27148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11452]


-----------------------------------------------------------------------

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; 2012-2013

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

SUMMARY: On November 7, 2014, 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, 2012, through September 30, 2013, and the review covers one 
producer/exporter of subject merchandise, Deacero S.A.P.I. de C.V.
    Based on our analysis of the comments received, we 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 producer/exporter is listed below in the 
section entitled ``Final Results of Review.''

DATES: Effective Date: May 12, 2015.

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 November 7, 2014, 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 8, 2014, the Department 
received a case brief from Deacero S.A.P.I. de C.V. and Deacero USA, 
Inc. (collectively, Deacero). On December 15, 2014, we received a 
rebuttal brief from Petitioners.\2\ The Department 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; 2012-
2013, 77 FR 66358 (November 7, 2014) (Preliminary Results) and 
accompanying Issues and Decision Memorandum (Preliminary Decision 
Memorandum).
    \2\ Petitioners are ArcelorMittal USA LLC and Gerdau Ameristeel 
U.S. Inc.
---------------------------------------------------------------------------

Period of Review

    The POR covered by this review is October 1, 2012, through 
September 30, 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 
7213.91.3010, 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 
remains dispositive.\3\
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the order, see 
``Carbon and Certain Alloy Steel Wire Rod from Mexico: Issues and 
Decision Memorandum for the Final Results of the Antidumping 
Administrative Review; 2012-2013,'' (Issues and Decision 
Memorandum), dated concurrently with and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised and to which we responded is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's

[[Page 27148]]

Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit (CRU), Room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at https://trade.gov/enforcement. 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 corrected two 
programming errors in the weighted-average dumping margin calculation. 
A detailed discussion of the corrections made is included in the 
Calculation Memorandum for Final Results.\4\
---------------------------------------------------------------------------

    \4\ 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 John Conniff, International Trade 
Analyst, AD/CVD Operations, Office III, to The File, through Eric 
Greynolds, Program Manager, AD/CVD Operations, Office III, 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, 2012, through September 30, 2013:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V. and Deacero USA, Inc.                   * 2.13
 (collectively, Deacero)....................................
------------------------------------------------------------------------
* ad valorem.

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 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).
    For 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, 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 assessment practice, 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.\5\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: May 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. List of Comments
Comment 1: Calculation Errors
Comment 2: Differential Pricing
IV. Scope of the Order
V. Discussion of Comments
VI. Recommendation

[FR Doc. 2015-11452 Filed 5-11-15; 8:45 am]
 BILLING CODE 3510-DS-P
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