Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 80638-80640 [2016-27518]
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80638
Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
Antidumping duty proceedings
Department contact
Certain Cut-To-Length Carbon-Quality Steel Plate from Republic of Korea (C–580–837) (3rd Review)
David Goldberger, (202) 482–4136.
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in December 2016.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: November 2, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–27582 Filed 11–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
of Antidumping Duty Administrative
Review; 2014–2015
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 (wire rod)
from Mexico. The period of review
(POR) is October 1, 2014 through
September 30, 2015. This review covers
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:23 Nov 15, 2016
Jkt 241001
two producers/exporters of the subject
merchandise: Deacero S.A.P.I. de C.V.
(aka Deacero S.A. de C.V., hereinafter
referred to as Deacero) and
ArcelorMittal Las Truchas, S.A. de C.V.
(AMLT). We preliminarily determine
that Deacero made sales of subject
merchandise at less than normal value
(NV) during the POR. Additionally, we
preliminarily determine that AMLT had
no shipments during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective November 16, 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.
Background
On December 3, 2015, the Department
published a notice of initiation 1 of an
administrative review of the
antidumping duty order on wire rod
from Mexico.2 On June 27, 2016, the
Department extended the deadline for
the preliminary results to November 4,
2016.3
Scope of the Order
The merchandise covered by the Wire
Rod 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,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
75657 (December 3, 2015).
2 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) (Wire
Rod Order).
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Carbon and
Certain Alloy Steel Wire Rod from Mexico:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
June 27, 2016.
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Fmt 4703
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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 remains dispositive.4
On October 1, 2012, the Department
determined that wire rod with an actual
diameter of 4.75 mm to 5.00 mm
(hereinafter referred to as narrow gauge
wire rod) produced in Mexico and
exported to the United States by
Deacero was circumventing the Wire
Rod Order.5 Specifically, the
Department determined that Deacero’s
shipments to the United States of
narrow gauge wire rod constitute
merchandise altered in form or
appearance in such minor respects that
it should be included within the scope
of the Wire Rod Order.6 The
Department’s affirmative finding in the
Final Circumvention Determination
applied solely to Deacero.
The Federal Circuit upheld the
Department’s finding in the Final
Circumvention Determination that
narrow gauge wire rod produced in
Mexico and exported to the United
States by Deacero was circumventing
the Wire Rod Order.7 As a result, we
have treated Deacero’s sales of narrow
4 For a complete description of the scope of the
order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of 2014/15 Antidumping Duty
Administrative Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico’’ (Preliminary Decision
Memorandum), dated concurrently with these
preliminary results.
5 See Carbon and Certain Alloy Steel Wire Rod
From Mexico: Affirmative Final Determination of
Circumvention of the Antidumping Order, 77 FR
59892 (October 1, 2012) (Final Circumvention
Determination) and accompanying Issues and
Decision Memorandum.
6 Id.
7 See Deacero S.A. de C.V. v. United States, No.
15–1362 (Federal Circuit) (April 5, 2016) (Deacero)
at 12.
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Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
gauge wire rod to the United States as
subject merchandise.
Preliminary Determination of No
Shipments
AMLT reported that it made no sales
of subject merchandise during the POR.8
On December 24, 2015, we issued a noshipment inquiry to U.S. Customs and
Border Protection (CBP) to confirm
AMLT’s claim of no shipments. We did
not receive any contradictory
information from CBP.9 Based on
AMLT’s claim of no shipments and
because no information to the contrary
was received by the Department from
CBP, we preliminarily determine that
AMLT had no shipments of subject
merchandise, and, therefore, no
reviewable transactions, during the
POR. For a full discussion of this
determination, see the Preliminary
Decision Memorandum.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
8 See AMLT’s no-shipment certification letter,
dated December 14, 2015.
9 See the Department’s no-shipment inquiry
message to CBP, dated December 24, 2015.
VerDate Sep<11>2014
16:23 Nov 15, 2016
Jkt 241001
Deacero S.A.P.I. de C.V. (aka
Deacero S.A. de C.V.) ............
17.02
Assessment Rate
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.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Upon issuance of the final results, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
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).10 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 above de
minimis (i.e., 0.50 percent). 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.
In accordance with the Department’s
‘‘automatic assessment’’ practice, 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 allothers 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.
Disclosure and Public Comment
The Department intends to disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.12 Pursuant to 19
CFR 351.309(c)(1)(ii), interested parties
may submit case briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.13 Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.14 All briefs must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
10 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).
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 or 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, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is included 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
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 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
version 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:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
80639
11 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).
12 See 19 CFR 351.224(b).
13 See 19 CFR 351.309(d).
14 See 19 CFR 351.309(c)(2) and (d)(2).
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80640
Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
the Department’s electronic records
system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.15 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.16
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), the
Department will issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
within 120 days after issuance of these
preliminary results.
Notification to Importers
This notice 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.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. No Shipments
IV. Scope of the Order
V. Discussion of Methodology
A. Sales Reporting
B. Date of Sale
C. Comparisons to Normal Value
15 See
16 See
16:23 Nov 15, 2016
[FR Doc. 2016–27518 Filed 11–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–851]
Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe (Under 41⁄2 Inches) From
Japan: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
small diameter carbon and alloy
seamless standard, line, and pressure
pipe (under 41⁄2 inches) from Japan. The
period of review (POR) is June 1, 2014,
through May 31, 2015. The review
covers five producers or exporters of
subject merchandise. We invited parties
to comment on the Preliminary Results.
None were received. Accordingly, for
the final results, we continue to find
that that NKK Tubes (NKK) had no
shipments during the POR. Further, we
continue to find that subject
merchandise has been sold in the
United States at less than normal value
by JFE Steel Corporation (JFE), Nippon
Steel & Sumitomo Metal Corporation
(NSSMC), Nippon Steel Corporation
(NSC), and Sumitomo Metal Industries,
Ltd. (SMI).
DATES: Effective November 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 12, 2016, the Department
published the Preliminary Results of the
19 CFR 351.310(c).
19 CFR 351.310.
VerDate Sep<11>2014
D. Product Comparisons
E. Determination of Comparison Method
F. Results of Differential Pricing (DP)
Analysis
G. U.S. Price
H. Normal Value
I. Cost of Production Analysis
J. Affiliated Respondents
K. Currency Conversion
VI. Recommendation
Jkt 241001
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Sfmt 4703
administrative review.1 The Department
gave interested parties an opportunity to
comment on the Preliminary Results.
We received no comments. The
Department conducted this review in
accordance with section 751(a)(2) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain small diameter carbon and
alloy seamless standard, line, and
pressure pipe (under 41⁄2 inches) from
Japan, which is currently classified
under subheading 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.19.10.30,
7304.19.10.45, 7304.19.10.60,
7304.19.50.50, 7304.31.60.10,
7304.31.60.50, 7304.39.00.04,
7304.39.00.06, 7304.39.00.08,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.15,
7304.51.50.45, 7304.51.50.60,
7304.59.20.30, 7304.59.20.55,
7304.59.20.60, 7304.59.20.70,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.2
Final Determination of No Shipments
As noted in the Preliminary Results,
the Department received a claim of no
shipments from NKK. In the Preliminary
Results, the Department preliminarily
found that NKK did not have reviewable
entries during the POR. Additionally,
the Department stated in the
Preliminary Results that it was not
appropriate to rescind the review with
1 See Certain Small Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe (Under
1⁄2 Inches) from Japan: Preliminary Results of
4
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 45124 (July 12, 2016) (Preliminary
Results).
2 For a full description of the scope of the order,
see the ‘‘Preliminary Decision Memorandum for the
Administrative Review of the Antidumping Duty
Order on Certain Small Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe (Under
41⁄2 Inches) from Japan; 2014–2015 Administrative
Review’’ from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated July 5, 2016,
which can be accessed directly at https://
enforcement.trade.gov/frn/, (Preliminary Decision
Memorandum).
E:\FR\FM\16NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80638-80640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27518]
-----------------------------------------------------------------------
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; 2014-2015
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 (wire rod) from Mexico. The period of
review (POR) is October 1, 2014 through September 30, 2015. This review
covers two producers/exporters of the subject merchandise: Deacero
S.A.P.I. de C.V. (aka Deacero S.A. de C.V., hereinafter referred to as
Deacero) and ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). We
preliminarily determine that Deacero made sales of subject merchandise
at less than normal value (NV) during the POR. Additionally, we
preliminarily determine that AMLT had no shipments during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Effective November 16, 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.
Background
On December 3, 2015, the Department published a notice of
initiation \1\ of an administrative review of the antidumping duty
order on wire rod from Mexico.\2\ On June 27, 2016, the Department
extended the deadline for the preliminary results to November 4,
2016.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 75657 (December 3, 2015).
\2\ 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)
(Wire Rod Order).
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Carbon and Certain Alloy Steel Wire Rod from Mexico: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated June 27, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Wire Rod 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 remains dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of 2014/15 Antidumping Duty
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from
Mexico'' (Preliminary Decision Memorandum), dated concurrently with
these preliminary results.
---------------------------------------------------------------------------
On October 1, 2012, the Department determined that wire rod with an
actual diameter of 4.75 mm to 5.00 mm (hereinafter referred to as
narrow gauge wire rod) produced in Mexico and exported to the United
States by Deacero was circumventing the Wire Rod Order.\5\
Specifically, the Department determined that Deacero's shipments to the
United States of narrow gauge wire rod constitute merchandise altered
in form or appearance in such minor respects that it should be included
within the scope of the Wire Rod Order.\6\ The Department's affirmative
finding in the Final Circumvention Determination applied solely to
Deacero.
---------------------------------------------------------------------------
\5\ See Carbon and Certain Alloy Steel Wire Rod From Mexico:
Affirmative Final Determination of Circumvention of the Antidumping
Order, 77 FR 59892 (October 1, 2012) (Final Circumvention
Determination) and accompanying Issues and Decision Memorandum.
\6\ Id.
---------------------------------------------------------------------------
The Federal Circuit upheld the Department's finding in the Final
Circumvention Determination that narrow gauge wire rod produced in
Mexico and exported to the United States by Deacero was circumventing
the Wire Rod Order.\7\ As a result, we have treated Deacero's sales of
narrow
[[Page 80639]]
gauge wire rod to the United States as subject merchandise.
---------------------------------------------------------------------------
\7\ See Deacero S.A. de C.V. v. United States, No. 15-1362
(Federal Circuit) (April 5, 2016) (Deacero) at 12.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
AMLT reported that it made no sales of subject merchandise during
the POR.\8\ On December 24, 2015, we issued a no-shipment inquiry to
U.S. Customs and Border Protection (CBP) to confirm AMLT's claim of no
shipments. We did not receive any contradictory information from
CBP.\9\ Based on AMLT's claim of no shipments and because no
information to the contrary was received by the Department from CBP, we
preliminarily determine that AMLT had no shipments of subject
merchandise, and, therefore, no reviewable transactions, during the
POR. For a full discussion of this determination, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\8\ See AMLT's no-shipment certification letter, dated December
14, 2015.
\9\ See the Department's no-shipment inquiry message to CBP,
dated December 24, 2015.
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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 or 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, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is included 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 (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 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 version 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
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V. (aka Deacero S.A. de C.V.)........ 17.02
------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For any individually examined respondents whose
weighted-average dumping margin is above de minimis, 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).\10\ 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 above de minimis (i.e., 0.50 percent). 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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\10\ 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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In accordance with the Department's ``automatic assessment''
practice, 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 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.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ 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 parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\12\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\13\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) A
statement of the issue, (2) a brief summary of the argument, and (3) a
table of authorities.\14\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by
[[Page 80640]]
the Department's electronic records system, ACCESS.
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\15\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined.\16\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their case briefs,
within 120 days after issuance of these preliminary results.
Notification to Importers
This notice 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.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. No Shipments
IV. Scope of the Order
V. Discussion of Methodology
A. Sales Reporting
B. Date of Sale
C. Comparisons to Normal Value
D. Product Comparisons
E. Determination of Comparison Method
F. Results of Differential Pricing (DP) Analysis
G. U.S. Price
H. Normal Value
I. Cost of Production Analysis
J. Affiliated Respondents
K. Currency Conversion
VI. Recommendation
[FR Doc. 2016-27518 Filed 11-15-16; 8:45 am]
BILLING CODE 3510-DS-P
