Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 23190-23191 [2017-10349]
Download as PDF
<![CDATA[
23190
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Financial Contribution in AD/
CVD Investigation Assistance Program
Comment 2: Sales Denominator for Habas
Comment 3: Rejection of Habas’s February
2, 2017 Rebuttal Benchmark Submission
Comment 4: Natural Gas Benchmark
Comment 5: Application of Adverse Facts
Available for Discovered Program
Comment 6: Countervailability of
Electricity for More Than Adequate
Remuneration
IX. Conclusion
[FR Doc. 2017–10505 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Period of Review
The POR covered by this review is
October 1, 2014, through September 30,
2015.
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2014–2015
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On November 16, 2016, 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, 2014, through
September 30, 2015, and the review
covers two producers/exporters of
subject merchandise: ArcelorMittal Las
Truchas, S.A. de C.V. (AMLT) and
Deacero S.A.P.I. de C.V. (Deacero).
Based on our analysis of the comments
received, we made certain changes to
our preliminary findings for Deacero.
The final weighted-average dumping
margin for the reviewed producers/
exporters are listed below in the section
entitled ‘‘Final Results of Review.’’
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
James Terpstra (for Deacero) and Jolanta
Lawska (for AMLT), AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
202–482–3965 and 202–482–8362,
respectively.
mstockstill on DSK30JT082PROD with NOTICES
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 16, 2016, the
Department published in the Federal
Register the Preliminary Results of the
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
antidumping duty administrative review
of wire rod from Mexico.1 We invited
interested parties to comment on our
Preliminary Results. On January 11,
2017, the Department received case
briefs from Deacero, and Nucor
Corporation (Nucor).2 On January 17,
2017, interested parties submitted
rebuttal briefs. On January 20, 2017, the
Department extended the deadline for
the final results of this administrative
review until May 15, 2017.3 On January
31, 2017, the Department held a public
hearing. The Department conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
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.4
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
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2014–2015, 81 FR
80638 (November 16, 2016) (Preliminary Results)
and accompanying Preliminary Decision
Memorandum.
2 Nucor Corporation (Nucor) is a domestic
interested party.
3 See Memorandum regarding Antidumping Duty
Administrative Review: Carbon and Certain Alloy
Steel Wire Rod From Mexico: Extension of Time
Limit for Final Results, dated January 20, 2017.
4 See Decision Memorandum for Final Results of
2014/15 Antidumping Duty Administrative Review:
Carbon and Certain Alloy Steel Wire Rod from
Mexico (Issues and Decision Memorandum), dated
concurrently with and hereby adopted by this
notice for a complete description of the scope of the
order.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
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 in the Central
Records Unit (CRU), room B8024 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 applied total
adverse facts available (AFA) to Deacero
and assigned it the highest margin
alleged in the petition, i.e., 40.52
percent, as Deacero’s AFA rate. These
changes are fully discussed in the Issues
and Decision Memorandum.
Final Results of Review
As a result of this review, we
determine that the following margin
exists for the POR:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Deacero S.A.P.I. de C.V ............
40.52
Final Determination of No Shipments
As stated in the Preliminary Results,
AMLT reported that it made no sales of
subject merchandise during the POR.5
We received no comments from
interested parties with respect to the
Department’s preliminary determination
of no shipments for AMLT, and we
continue to determine that AMLT had
no reviewable transactions during the
POR. As noted in the ‘‘Assessment
Rates’’ section below, the Department
intends to issue appropriate instructions
to U.S. Customs and Border Protection
(CBP) for AMLT based on the final
results of this review.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), the
Department has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
5 See Preliminary Results, 81 FR at 80639, and
accompanying Preliminary Decision Memorandum
at 2.
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
final results of this review.6 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
The Department will instruct CBP to
apply an ad valorem assessment rate of
40.52 percent to all entries of subject
merchandise during the POR which
were produced and/or exported by
Deacero. Additionally, because the
Department determined that AMLT had
no shipments of the subject
merchandise, any suspended entries
that entered under that company’s case
number (i.e., at that company’s rate) will
be liquidated at the all-others rate
effective during the period of review.7
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 rates for Deacero will be the rate
established in the final results of this
administrative review; (2) for
merchandise exported by producers 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 producer is, the cash deposit rate
will be the rate established for the most
recent period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers 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.
mstockstill on DSK30JT082PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
6 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).
7 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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).
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
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 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
IV. List of Comments
Comment 1: Whether the Department
Should Apply AFA to Deacero
Comment 2: Whether the Department
Should Reject Deacero’s Adjustment to
its Billet Costs
Comment 3: Whether the Department
Should Recalculate Mid Continent’s
General and Administrative Expense
(G&A) Rate
Comment 4: Whether the Department
Should Reject Deacero’s Residual Values
Comment 5: Whether the Department
Should Use the Average-to-Average
Method
Comment 6: Clerical Error Allegations
V. Scope of the Order
VI. Discussion of Comments
VII. Recommendation
[FR Doc. 2017–10349 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
23191
DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before June 12,
2017. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 16–024. Applicant:
The Hormel Institute, 801 16th Avenue
NE., Austin, MN 55912. Instrument:
Electron Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: The instrument will be used to
study biological samples such as human
and animal normal and cancer cells, as
well as to study protein-protein
interactions and protein-compounds
interactions. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: March 17,
2017.
Docket Number: 16–025. Applicant:
The Hormel Institute, 801 16th Avenue
NE., Austin, MN 55912. Instrument:
Electron Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: The instrument will be used to
study biological samples such as human
and animal normal and cancer cells, as
well as to study protein-protein
interactions and protein-compounds
interactions. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: March 17,
2017.
Docket Number: 17–003. Applicant:
Arizona State University, 550 E. Tyler
Mall, PSF 470, Tempe, AZ 85287–1504.
Instrument: Laser-lithography system
for 3-dimensional microstructuring and
nanostructuring. Manufacturer:
Nanoscribe, Germany. Intended Use:
The instrument will be used to develop
new methods of determining the atomic
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23190-23191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10349]
-----------------------------------------------------------------------
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 and Final
Determination of No Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On November 16, 2016, 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, 2014, through September 30, 2015, and the review covers two
producers/exporters of subject merchandise: ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) and Deacero S.A.P.I. de C.V. (Deacero). Based on
our analysis of the comments received, we made certain changes to our
preliminary findings for Deacero. The final weighted-average dumping
margin for the reviewed producers/exporters are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT: James Terpstra (for Deacero) and
Jolanta Lawska (for AMLT), AD/CVD Operations, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230;
telephone: 202-482-3965 and 202-482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 16, 2016, 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 January 11, 2017, the Department
received case briefs from Deacero, and Nucor Corporation (Nucor).\2\ On
January 17, 2017, interested parties submitted rebuttal briefs. On
January 20, 2017, the Department extended the deadline for the final
results of this administrative review until May 15, 2017.\3\ On January
31, 2017, the Department held a public hearing. 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; 2014-
2015, 81 FR 80638 (November 16, 2016) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ Nucor Corporation (Nucor) is a domestic interested party.
\3\ See Memorandum regarding Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel Wire Rod From Mexico:
Extension of Time Limit for Final Results, dated January 20, 2017.
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is October 1, 2014, through
September 30, 2015.
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.\4\
---------------------------------------------------------------------------
\4\ See Decision Memorandum for Final Results of 2014/15
Antidumping Duty Administrative Review: Carbon and Certain Alloy
Steel Wire Rod from Mexico (Issues and Decision Memorandum), dated
concurrently with and hereby adopted by this notice for a complete
description of the scope of the order.
---------------------------------------------------------------------------
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 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 B8024 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 applied total
adverse facts available (AFA) to Deacero and assigned it the highest
margin alleged in the petition, i.e., 40.52 percent, as Deacero's AFA
rate. These changes are fully discussed in the Issues and Decision
Memorandum.
Final Results of Review
As a result of this review, we determine that the following margin
exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V.................................... 40.52
------------------------------------------------------------------------
Final Determination of No Shipments
As stated in the Preliminary Results, AMLT reported that it made no
sales of subject merchandise during the POR.\5\ We received no comments
from interested parties with respect to the Department's preliminary
determination of no shipments for AMLT, and we continue to determine
that AMLT had no reviewable transactions during the POR. As noted in
the ``Assessment Rates'' section below, the Department intends to issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
for AMLT based on the final results of this review.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 81 FR at 80639, and accompanying
Preliminary Decision Memorandum at 2.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
the Department has determined, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the
[[Page 23191]]
final results of this review.\6\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The Department will instruct CBP to apply an ad valorem assessment
rate of 40.52 percent to all entries of subject merchandise during the
POR which were produced and/or exported by Deacero. Additionally,
because the Department determined that AMLT had no shipments of the
subject merchandise, any suspended entries that entered under that
company's case number (i.e., at that company's rate) will be liquidated
at the all-others rate effective during the period of review.\7\
---------------------------------------------------------------------------
\7\ For a full discussion of this clarification, 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 rates for Deacero will be the rate
established in the final results of this administrative review; (2) for
merchandise exported by producers 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 producer is, the cash deposit rate will be the rate established
for the most recent period for the producer of the merchandise; and (4)
the cash deposit rate for all other producers 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
assessment of doubled antidumping duties.
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 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
IV. List of Comments
Comment 1: Whether the Department Should Apply AFA to Deacero
Comment 2: Whether the Department Should Reject Deacero's
Adjustment to its Billet Costs
Comment 3: Whether the Department Should Recalculate Mid
Continent's General and Administrative Expense (G&A) Rate
Comment 4: Whether the Department Should Reject Deacero's
Residual Values
Comment 5: Whether the Department Should Use the Average-to-
Average Method
Comment 6: Clerical Error Allegations
V. Scope of the Order
VI. Discussion of Comments
VII. Recommendation
[FR Doc. 2017-10349 Filed 5-19-17; 8:45 am]
BILLING CODE 3510-DS-P
