Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results and Preliminary Determination of No Shipments; 2015-2016, 51819-51821 [2017-24186]
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
Comment 89: Definition and Examples of
Finished Products in Scope Language
Comment 90: Exclusions Requested for
Certain Types of Lumber Harvested From
Western Red Cedar, Douglas Fir, and
Hemlock Trees
Comment 91: Previous Scope Determinations
Comment 92: Whether Certain Products Are
Finished Products
Comment 93: Craft Kits
Comment 94: Whether Certain Scope
Language Should Be Removed
Comment 95: Wood Shims
Comment 96: Pre-Painted Wood Products
Comment 97: I-Joists
Comment 98: Miscellaneous Products
Discussed by the Government of British
Columbia (GBC) and the BC Lumber
Trade Council (BCLTC)
Comment 99: Bed-Frame Components/
Crating Ladder Components
Comment 100: U.S.-Origin Lumber Sent to
Canada for Further Processing
Comment 101: Softwood Lumber Produced
in Canada From U.S.-Origin Logs
Comment 102: Remanufactured Goods
Comment 103: Eastern White Pine
Comment 104: Whether the Department
Should Conduct a Pass-Through
Analysis for Independent
Remanufacturers That Purchase
Softwood Lumber at Arm’s Length
Comment 105: Whether Countervailing
Duties Should Only Be Applicable on a
First Mill Basis
Comment 106: Whether the Department
Should Exclude Softwood Lumber
Products From New Brunswick
Comment 107: Whether the Department
Should Finalize the Exclusion of
Softwood Lumber Products From the
Atlantic Provinces
Conclusion
[FR Doc. 2017–24204 Filed 11–7–17; 8:45 am]
BILLING CODE 3510–DS–P
made sales of subject merchandise at
less than normal value (NV) during the
POR. We also preliminarily determine
that AMLT made no shipments of
subject merchandise during the POR.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable: November 8, 2017.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, 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) 482–5139.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2016, the
Department initiated an administrative
review of the antidumping duty order of
wire rod from Mexico for three
producer/exporters.1 On February 27,
2017, based on a timely withdrawal
request, the Department rescinded the
review for one producer/exporter for
which the review was initiated.2 On
June 30, 2017, the Department extended
the time limit for the preliminary results
by 60 days 3 and on August 9, 2017, the
Department extended the time limit for
the preliminary results by an additional
60 days, pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), to October 31, 2017.4 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5 A list of topics included
in the Preliminary Decision
Memorandum is included as an
Appendix to this notice.
Scope of the Order 6
The product covered by the order is
wire rod, in coils, of approximately
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
and Preliminary Determination of No
Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(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, 2015, through
September 30, 2016. This review covers
two producers/exporters of the subject
merchandise: Deacero S.A.P.I. de C.V.
(Deacero) and ArcelorMittal Las
Truchas, S.A. de C.V. (AMLT). We
preliminarily determine that Deacero
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AGENCY:
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1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
91122 (December 16, 2016) (Initiation Notice).
2 See letter from the petitioners, ‘‘Carbon and
Certain Alloy Steel Wire Rod from Mexico:
Withdrawal of Request for Administrative Review,’’
dated February 3, 2017 (Petitioners’ Withdrawal
Request); see also Carbon and Certain Alloy Steel
Wire Rod from Mexico: Notice of Partial Rescission
of the Antidumping Duty Administrative Review;
2015–2016, 82 FR 11904 (February 27, 2017).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2015–2016 Antidumping
Duty Administrative Review,’’ dated June 30, 2017.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2015–2016 Antidumping
Duty Administrative Review,’’ dated August 9,
2017.
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of 2015–2016 Antidumping
Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Mexico’’ (Preliminary
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
6 For the full text of the scope of the order, see
the Preliminary Decision Memorandum.
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51819
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter.7 The subject
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 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. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description
remains dispositive.
Preliminary Determination of No
Shipments
On January 3, 2017, we received a
timely-filed submission from AMLT
reporting to the Department that it made
no exports, sales, or entries of subject
merchandise to the United States during
the POR.8 To confirm AMLT’s no
shipment claim, the Department issued
a no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting
that it review AMLT’s no-shipment
claim.9 CBP did not report that it had
any information to contradict AMLT’s
claim of no shipments during the POR.
Based on record evidence, we
preliminarily determine that AMLT had
7 The Department determined that Deacero’s
shipments to the United States of narrow gauge
wire rod (4.75 mm to 5.00 mm) constitute
merchandise altered in form or appearance in such
minor respects that it is subject merchandise. 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) and accompanying Issues
and Decision Memorandum. This determination
was upheld by the Federal Circuit; see Deacero S.A.
de C.V. v. United States, No. 15–1362 (Federal
Circuit) (April 5, 2016) at 12. Because there were
no changes to the facts which supported that
decision since that determination, we continue to
find Deacero’s narrow gauge wire rod (4.75 mm to
5.00 mm) subject merchandise.
8 See letter from AMLT, ‘‘Antidumping Duty
Administrative Review of Carbon and Certain Alloy
Steel Wire Rod from Mexico: AMLT No-Shipment
Certification,’’ dated January 3, 2017 (AMLT NoShipment Certification).
9 No Shipments Inquiry for Carbon and Certain
Alloy Steel Wire Rod from Mexico Produced and/
or Exported by AMLT (A–201–830), message
number 7009302 (January 9, 2017).
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
made no shipments during the POR.
Consistent with the Department’s
practice, we will not rescind the review
with respect to AMLT but, rather, will
complete the review and issue
instructions to CBP based on the final
results.10 For additional information on
our preliminary determination of no
reviewable entries, see the Preliminary
Decision Memorandum.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1) and (2) of the Act. Export and
constructed export price were
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. 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/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of the Review
The Department preliminarily
determines the following weightedaverage dumping margin exists for the
POR:
Exporter/producer
Weightedaverage
dumping
margins
(percent)
Deacero S.A.P.I. de C.V ............
6.22
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10 See,
e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51306–07 (August 28, 2014).
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17:26 Nov 07, 2017
Jkt 244001
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. If the weighted-average
dumping margin for Deacero is not zero
or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importers examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).11 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., 0.5 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.
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 entries not reviewed at the allothers rate of 20.11 percent 12 if there is
no rate for the intermediate
company(ies) involved in the
transaction. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of wire rod
from Mexico entered, or withdrawn
from warehouse, for consumption on or
after the date of publication provided by
section 751(a)(2) of the Act: (1) The cash
11 In this 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).
12 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).
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Sfmt 4703
deposit rate for Deacero will be equal to
the dumping margins established in the
final results of this review except if the
ultimate rates are de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (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 recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
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 antidumping
investigation.13 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
The Department will 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.14 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.15 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 summary of the argument,
and (3) a table of authorities.16 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by 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.17 Requests should contain
the party’s name, address, and
13 Id.
14 See
19 CFR 351.224(b).
19 CFR 351.309(d).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.310(c).
15 See
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
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, 1401 Constitution Avenue
NW., Washington, DC 20230, at a time
and location to be determined.18 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 also 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 doubled antidumping duties.
This preliminary results of review is
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h).
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Preliminary Determination of No
Shipments
IV. Scope of the Order
V. Discussion of the Methodology
A. Universe of Sales
B. Comparisons to Normal Value
C. Product Comparisons
D. Date of Sale
E. Constructed Export Price
F. Normal Value
G. Cost of Production Analysis
H. Calculation of Normal Value Based on
Comparison Market Prices
I. Currency Conversion
18 See
19 CFR 351.310.
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17:26 Nov 07, 2017
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VI. Recommendation
[FR Doc. 2017–24186 Filed 11–7–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF717
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 52 in-person
workshop for Gulf of Mexico Red
Snapper.
AGENCY:
The SEDAR 52 assessment of
the Gulf of Mexico Red Snapper will
consist of one in-person workshop and
a series of webinars. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR 52 in-person
workshop will be held from 1 p.m. on
November 29, 2017 until 12 p.m.
December 1, 2017.
ADDRESSES:
Meeting address: The SEDAR 45
Workshop will be held at the Sonesta
Coconut Grove, 2889 McFarlane Road,
Miami, FL 33133 phone: (305) 529–2828
or 1–800–766–3782.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; phone:
(843) 571–4366; email: Julie.neer@
safmc.net.
SUMMARY:
SUPPLEMENTARY INFORMATION:
The Gulf of Mexico, South Atlantic,
and Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data/
Assessment Workshop, and (2) a series
of webinars. The product of the Data/
Assessment Workshop is a report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses, and describes the fisheries,
evaluates the status of the stock,
estimates biological benchmarks,
projects future population conditions,
and recommends research and
PO 00000
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51821
monitoring needs. Participants for
SEDAR Workshops are appointed by the
Gulf of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils and NOAA Fisheries Southeast
Regional Office, HMS Management
Division, and Southeast Fisheries
Science Center. Participants include
data collectors and database managers;
stock assessment scientists, biologists,
and researchers; constituency
representatives including fishermen,
environmentalists, and NGO’s;
International experts; and staff of
Councils, Commissions, and state and
federal agencies.
The items of discussion in the
Assessment Process webinars are as
follows:
1. An assessment data set and
associated documentation will be
developed during the workshop.
2. Participants will evaluate proposed
data and select appropriate sources for
providing information on life history
characteristics, catch statistics, discard
estimates, length and age composition,
and fishery dependent and fishery
independent measures of stock
abundance.
3. Using datasets selected,
participants will develop population
models to evaluate stock status, estimate
population benchmarks and
management criteria, and project future
conditions.
4. Participants will recommend the
most appropriate methods and
configurations for determining stock
status and estimating population
parameters.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Council office
(see ADDRESSES) at least 10 business
days prior to each workshop.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\08NON1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51819-51821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24186]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary
Results and Preliminary Determination of No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (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, 2015, through September 30, 2016. This
review covers two producers/exporters of the subject merchandise:
Deacero S.A.P.I. de C.V. (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. We
also preliminarily determine that AMLT made no shipments of subject
merchandise during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable: November 8, 2017.
FOR FURTHER INFORMATION CONTACT: Keith Haynes, 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) 482-5139.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2016, the Department initiated an administrative
review of the antidumping duty order of wire rod from Mexico for three
producer/exporters.\1\ On February 27, 2017, based on a timely
withdrawal request, the Department rescinded the review for one
producer/exporter for which the review was initiated.\2\ On June 30,
2017, the Department extended the time limit for the preliminary
results by 60 days \3\ and on August 9, 2017, the Department extended
the time limit for the preliminary results by an additional 60 days,
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(the Act), to October 31, 2017.\4\ For a complete description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\5\ A list of topics included in the Preliminary
Decision Memorandum is included as an Appendix to this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 91122 (December 16, 2016) (Initiation
Notice).
\2\ See letter from the petitioners, ``Carbon and Certain Alloy
Steel Wire Rod from Mexico: Withdrawal of Request for Administrative
Review,'' dated February 3, 2017 (Petitioners' Withdrawal Request);
see also Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice
of Partial Rescission of the Antidumping Duty Administrative Review;
2015-2016, 82 FR 11904 (February 27, 2017).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2015-2016 Antidumping Duty Administrative Review,''
dated June 30, 2017.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2015-2016 Antidumping Duty Administrative Review,''
dated August 9, 2017.
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of 2015-2016 Antidumping Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from Mexico'' (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The product covered by the order is wire rod, in coils, of
approximately round cross section, 5.00 mm or more, but less than 19.00
mm, in solid cross-sectional diameter.\7\ The subject merchandise is
currently classifiable under the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 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. The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description remains
dispositive.
---------------------------------------------------------------------------
\7\ The Department determined that Deacero's shipments to the
United States of narrow gauge wire rod (4.75 mm to 5.00 mm)
constitute merchandise altered in form or appearance in such minor
respects that it is subject merchandise. 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) and accompanying Issues and Decision Memorandum. This
determination was upheld by the Federal Circuit; see Deacero S.A. de
C.V. v. United States, No. 15-1362 (Federal Circuit) (April 5, 2016)
at 12. Because there were no changes to the facts which supported
that decision since that determination, we continue to find
Deacero's narrow gauge wire rod (4.75 mm to 5.00 mm) subject
merchandise.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On January 3, 2017, we received a timely-filed submission from AMLT
reporting to the Department that it made no exports, sales, or entries
of subject merchandise to the United States during the POR.\8\ To
confirm AMLT's no shipment claim, the Department issued a no-shipment
inquiry to U.S. Customs and Border Protection (CBP) requesting that it
review AMLT's no-shipment claim.\9\ CBP did not report that it had any
information to contradict AMLT's claim of no shipments during the POR.
Based on record evidence, we preliminarily determine that AMLT had
[[Page 51820]]
made no shipments during the POR. Consistent with the Department's
practice, we will not rescind the review with respect to AMLT but,
rather, will complete the review and issue instructions to CBP based on
the final results.\10\ For additional information on our preliminary
determination of no reviewable entries, see the Preliminary Decision
Memorandum.
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\8\ See letter from AMLT, ``Antidumping Duty Administrative
Review of Carbon and Certain Alloy Steel Wire Rod from Mexico: AMLT
No-Shipment Certification,'' dated January 3, 2017 (AMLT No-Shipment
Certification).
\9\ No Shipments Inquiry for Carbon and Certain Alloy Steel Wire
Rod from Mexico Produced and/or Exported by AMLT (A-201-830),
message number 7009302 (January 9, 2017).
\10\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51306-07 (August 28, 2014).
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Methodology
The Department is conducting this review in accordance with section
751(a)(1) and (2) of the Act. Export and constructed export price were
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. 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
The Department preliminarily determines the following weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Deacero S.A.P.I. de C.V.................................... 6.22
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. If the weighted-average dumping margin for
Deacero is not zero or de minimis (i.e., less than 0.5 percent), we
will calculate importer-specific ad valorem antidumping duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importers examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\11\ 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., 0.5 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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\11\ In this 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
entries not reviewed at the all-others rate of 20.11 percent \12\ if
there is no rate for the intermediate company(ies) involved in the
transaction. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\12\ 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).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of wire rod from Mexico entered, or withdrawn from
warehouse, for consumption on or after the date of publication provided
by section 751(a)(2) of the Act: (1) The cash deposit rate for Deacero
will be equal to the dumping margins established in the final results
of this review except if the ultimate rates are de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates
will be zero; (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 recently completed
segment of this proceeding in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding 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 antidumping investigation.\13\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ Id.
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Disclosure and Public Comment
The Department will 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.\14\
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.\15\ 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 summary of the argument, and (3) a table
of authorities.\16\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS.
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(d).
\16\ 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.\17\ Requests should contain the party's name, address, and
[[Page 51821]]
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, 1401 Constitution Avenue NW., Washington,
DC 20230, at a time and location to be determined.\18\ Parties should
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
\18\ 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 also 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 doubled antidumping duties.
This preliminary results of review is issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Preliminary Determination of No Shipments
IV. Scope of the Order
V. Discussion of the Methodology
A. Universe of Sales
B. Comparisons to Normal Value
C. Product Comparisons
D. Date of Sale
E. Constructed Export Price
F. Normal Value
G. Cost of Production Analysis
H. Calculation of Normal Value Based on Comparison Market Prices
I. Currency Conversion
VI. Recommendation
[FR Doc. 2017-24186 Filed 11-7-17; 8:45 am]
BILLING CODE 3510-DS-P
