Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2013-2014, 41521-41522 [2016-15130]

Download as PDF Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices subtracted shipments reported by the cooperating mandatory respondent from the GTA data. Based on this analysis, we preliminarily determine that ‘‘all other’’ exporters or producers had massive imports.15 Because we do not have verifiable shipment data from the non-cooperating mandatory respondents (i.e., those mandatory respondents that did not respond to the initial questionnaire or who otherwise indicated their unwillingness to participate in the investigation), we determined, on the basis of adverse facts available,16 that there has been a massive surge in imports. Accordingly, we preliminarily determine that the following producers/ exporters had massive surges in imports: Ningbo Baoxin, and Daming.17 Conclusion Based on the criteria and findings discussed above, we preliminarily determine that critical circumstances exist with respect to imports of stainless sheet and strip shipped by Taigang, Ningbo Baoxin, Daming, and ‘‘all other’’ exporters or producers. We will issue a final determination concerning critical circumstances when we issue our final subsidy determination. All interested parties will have the opportunity to address this determination in case briefs to be submitted after completion of the preliminary CVD determination. ITC Notification In accordance with sections 703(f) and 733(f) of the Act, we will notify the ITC of our determination. Suspension of Liquidation mstockstill on DSK3G9T082PROD with NOTICES In accordance with sections 703(e)(2), because we have preliminarily found that critical circumstances exist with regard to imports exported by certain producers and exporters, if we make an affirmative preliminary determination that countervailable subsidies have been provided to these same producers/ exporters at above de minimis rates,18 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. 15 Id. 16 See Section 776 of the Act. 17 See Memorandum, ‘‘Monthly Shipment Quantity and Value Analysis for Critical Circumstances Preliminary Determination,’’ dated concurrently with this Federal Register notice. 18 The preliminary determinations concerning the provision of countervailable subsidies is currently scheduled for July 11, 2016. 18:52 Jun 24, 2016 Jkt 238001 Dated: June 20, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–15132 Filed 6–24–16; 8:45 am] BILLING CODE 3510–DS–P Final Critical Circumstances Determination VerDate Sep<11>2014 we will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from these producers/ exporters that are entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the effective date of ‘‘provisional measures’’ (e.g., the date of publication in the Federal Register of the notice of an affirmative preliminary determination that countervailable subsidies have been provided at above de minimis rates). At such time, we will also instruct CBP to require a cash deposit equal to the estimated preliminary subsidy rates reflected in the preliminary determination published in the Federal Register. This suspension of liquidation will remain in effect until further notice. This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.206(c)(2). DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is amending the Final Results 1 of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Mexico to correct ministerial errors. The period of review (‘‘POR’’) is October 1, 2013, through September 30, 2014. DATES: Effective Date: June 27, 2016. FOR FURTHER INFORMATION CONTACT: James Terpstra, 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– 482–3965. SUPPLEMENTARY INFORMATION: AGENCY: 1 See Carbon and Certain Alloy Steel Wire Rod from Mexico: Final Results of Antidumping Duty Administrative Review; 2013–2014 81 FR 31,592 (May 19, 2016) (‘‘Final Results’’). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 41521 Background On May 16, 2016, the Department disclosed to interested parties its calculations for the Final Results.2 On May 23, 2015, we received ministerial error allegations from Nucor Corporation 3 and Deacero S.A.P.I de C.V. and Deacero USA (‘‘Deacero’’) regarding the Department’s final margin calculations.4 Period of Review The POR covered by this review is October 1, 2013, through September 30, 2014. 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.5 Ministerial Errors Section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’), defines a ‘‘ministerial error’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.’’ We analyzed Nucor’s and Deacero’s ministerial error comments and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that there were ministerial 2 See Memorandum, ‘‘Calculation Memorandum for Daecero S.A. de C.V. and Deacero USA, INC. (collectively, Deacero)’’ dated May 6, 2015. 3 Nucor Corporation (‘‘Nucor’’) is a domestic interested party. 4 See Letter from Nucor, ‘‘Eighth (12/13) Administrative Review of Carbon and Certain Alloy Steel Wire Rod from Mexico—Petitioner’s Comments on a Ministerial Error in Final Results’’ dated May 18, 2015; and Letter from Deacero ‘‘Carbon and Certain Alloy Steel Wire Rod from Mexico: Ministerial Error Comments’’ dated May 18, 2015. 5 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’’ dated May 6, 2015 (‘‘Issues and Decision Memorandum’’). E:\FR\FM\27JNN1.SGM 27JNN1 41522 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices errors in our calculation of Deacero’s margin for the Final Results. For a complete discussion of these allegations, see the Department’s Ministerial Errors Memorandum.6 In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.7 The revised weighted-average dumping margin is detailed below. Amended Final Results As a result of correcting for these ministerial errors, we determine the following margin exists for the period October 1, 2012, through September 30, 2013. Weightedaverage dumping margin (percent) Manufacturer/exporter Deacero S.A.P.I. de C.V. and Deacero USA, Inc. (collectively, Deacero). 1.13 ad valorem. mstockstill on DSK3G9T082PROD with NOTICES Assessment Rate Pursuant to section 751(a)(2)(C) 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 amended final results of this review. The Department intends to issue assessment instructions to CBP 41 days after the date of publication of these amended 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 weightedaverage dumping margin that is zero or de minimis, the Department will instruct CBP to assess that importer’s entries of subject merchandise without 6 See ‘‘2012–2013 Administrative Review of the Antidumping Order on Carbon and Certain Alloy Steel Wire Rod from Mexico: Ministerial Error Allegations for Final Results’’ dated concurrently with this notice (‘‘Ministerial Errors Memorandum’’). 7 Id. VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). For entries of subject merchandise during the POR produced by a respondent for which it did not know that its 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 amended 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 amended 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 amended 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.8 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 8 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 00015 Fmt 4703 Sfmt 4703 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. Disclosure We will disclose the calculations performed for these amended final results to interested parties within five business days of the date of publication of this notice in accordance with 19 CFR 351.224(b) We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: June 21, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–15130 Filed 6–24–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–008] Calcium Hypochlorite From the People’s Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a July 17, 2015 request from Haixing Jingmei Chemical Products Sales Co., Ltd. (‘‘Jingmei’’), and its affiliated producer, Haixing Eno Chemical Co., Ltd. (‘‘Eno’’), the Department of Commerce (the Department) is conducting a new shipper review of Haixing Jingmei Chemical Products Sales Co., Ltd. (‘‘Jingmei’’), regarding the antidumping duty order on calcium hypochlorite from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) AGENCY: E:\FR\FM\27JNN1.SGM 27JNN1

Agencies

[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41521-41522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15130]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Amended 
Final Results of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: The Department of Commerce (``Department'') is amending the 
Final Results \1\ of the administrative review of the antidumping duty 
order on carbon and certain alloy steel wire rod from Mexico to correct 
ministerial errors. The period of review (``POR'') is October 1, 2013, 
through September 30, 2014.
---------------------------------------------------------------------------

    \1\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Final Results of Antidumping Duty Administrative Review; 2013-2014 
81 FR 31,592 (May 19, 2016) (``Final Results'').

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DATES: Effective Date: June 27, 2016.

FOR FURTHER INFORMATION CONTACT: James Terpstra, 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 202-482-3965.

SUPPLEMENTARY INFORMATION: 

Background

    On May 16, 2016, the Department disclosed to interested parties its 
calculations for the Final Results.\2\ On May 23, 2015, we received 
ministerial error allegations from Nucor Corporation \3\ and Deacero 
S.A.P.I de C.V. and Deacero USA (``Deacero'') regarding the 
Department's final margin calculations.\4\
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    \2\ See Memorandum, ``Calculation Memorandum for Daecero S.A. de 
C.V. and Deacero USA, INC. (collectively, Deacero)'' dated May 6, 
2015.
    \3\ Nucor Corporation (``Nucor'') is a domestic interested 
party.
    \4\ See Letter from Nucor, ``Eighth (12/13) Administrative 
Review of Carbon and Certain Alloy Steel Wire Rod from Mexico--
Petitioner's Comments on a Ministerial Error in Final Results'' 
dated May 18, 2015; and Letter from Deacero ``Carbon and Certain 
Alloy Steel Wire Rod from Mexico: Ministerial Error Comments'' dated 
May 18, 2015.
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Period of Review

    The POR covered by this review is October 1, 2013, through 
September 30, 2014.

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.\5\
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    \5\ 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'' dated May 6, 2015 (``Issues and 
Decision Memorandum'').
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Ministerial Errors

    Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' We analyzed Nucor's and Deacero's ministerial error 
comments and determined, in accordance with section 751(h) of the Act 
and 19 CFR 351.224(e), that there were ministerial

[[Page 41522]]

errors in our calculation of Deacero's margin for the Final Results. 
For a complete discussion of these allegations, see the Department's 
Ministerial Errors Memorandum.\6\
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    \6\ See ``2012-2013 Administrative Review of the Antidumping 
Order on Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Ministerial Error Allegations for Final Results'' dated concurrently 
with this notice (``Ministerial Errors Memorandum'').
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results.\7\ The revised weighted-average 
dumping margin is detailed below.
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    \7\ Id.
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Amended Final Results

    As a result of correcting for these ministerial errors, we 
determine the following margin exists for the period October 1, 2012, 
through September 30, 2013.

------------------------------------------------------------------------
                                            Weighted- average  dumping
         Manufacturer/exporter                   margin (percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V. and Deacero     1.13 ad valorem.
 USA, Inc. (collectively, Deacero).
------------------------------------------------------------------------

Assessment Rate

    Pursuant to section 751(a)(2)(C) 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 amended final results of 
this review. The Department intends to issue assessment instructions to 
CBP 41 days after the date of publication of these amended 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 a 
respondent for which it did not know that its 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 amended 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 
amended 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 amended 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.\8\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \8\ 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.

Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five business days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b)
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: June 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-15130 Filed 6-24-16; 8:45 am]
 BILLING CODE 3510-DS-P