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]
-----------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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