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 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 http:// 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 http://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]


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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 http://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 http://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