Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 13545 

1See Carbon and Certain Alloy Steel Wire Rod 

from Mexico: Notice of Preliminary Results of 

Antidumping Duty Administrative Review 76 FR 

67407 (November 1, 2011) (Preliminary Results). 

2We determined that AMLT is the successor-ininterest to Sicartsa in an antidumping changed 

circumstances review. The final Federal Register 

notice was published on July 29, 2011. See Final 

Results of Antidumping Duty Changed 

Circumstances Review: Carbon and Certain Alloy 

Steel Wire Rod from Mexico, 76 FR 45509 (July 29, 

2011). 

Dated: March 1, 2012. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–5579 Filed 3–6–12; 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: Notice of Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 1, 2011, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary results of the 

administrative review of the 

antidumping duty order on carbon and 

certain alloy steel wire rod (wire rod) 

from Mexico.1 This review covers 

imports of wire rod from ArcelorMittal 

Las Truchas, S.A. de C.V. (AMLT) and 

its affiliate, ArcelorMittal International 

America LLC (AMIA).2 The period of 

review (POR) is October 1, 2009, 

through September 30, 2010. 

Based on our analysis of comments 

received, these final results differ from 

the preliminary results. The final results 

are listed below in the Final Results of 

Review section. 

DATES: Effective Date: March 7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jolanta Lawska, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–8362. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 1, 2011, the Department 

published the Preliminary Results of the 

fifth administrative review of the 

antidumping duty order on wire rod 

from Mexico. See Preliminary Results. 

We invited interested parties to 

comment on the Preliminary Results. On 

December 1, 2011, the Department 

received case briefs from AMLT and 

petitioners, Nucor Corporation (Nucor) 

and Cascade Steel Rolling Mills, Inc. 

(Cascade Mills). On December 6, 2011, 

the Department received rebuttal briefs 

from Nucor and Cascade Mills, and 

ArcelorMittal USA Inc., (ArcelorMittal 

USA), Gerdau Ameristeel US Inc., 

(Gerdau), and Evraz Rocky Mountain 

Steel (Evraz Steel). No party requested 

a hearing. 

Scope of the Order 

The merchandise subject to this order 

is certain hot-rolled products of carbon 

steel and alloy steel, in coils, of 

approximately round cross section, 5.00 

mm or more, but less than 19.00 mm, in 

solid cross-sectional diameter. 

Specifically excluded are steel 

products possessing the above-noted 

physical characteristics and meeting the 

Harmonized Tariff Schedule of the 

United States (HTSUS) definitions for 

(a) stainless steel; (b) tool steel; (c) high 

nickel steel; (d) ball bearing steel; and 

(e) concrete reinforcing bars and rods. 

Also excluded are (f) free machining 

steel products (i.e., products that 

contain by weight one or more of the 

following elements: 0.03 percent or 

more of lead, 0.05 percent or more of 

bismuth, 0.08 percent or more of sulfur, 

more than 0.04 percent of phosphorus, 

more than 0.05 percent of selenium, or 

more than 0.01 percent of tellurium). 

Also excluded from the scope are 

1080 grade tire cord quality wire rod 

and 1080 grade tire bead quality wire 

rod. This grade 1080 tire cord quality 

rod is defined as: (i) Grade 1080 tire 

cord quality wire rod measuring 5.0 mm 

or more but not more than 6.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

having no non-deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04– 

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.15 mm; (vi) capable of being drawn to 

a diameter of 0.30 mm or less with 3 or 

fewer breaks per ton, and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of aluminum, (3) 

0.040 percent or less, in the aggregate, 

of phosphorus and sulfur, (4) 0.006 

percent or less of nitrogen, and (5) not 

more than 0.15 percent, in the aggregate, 

of copper, nickel and chromium. 

This grade 1080 tire bead quality rod 

is defined as: (i) Grade 1080 tire bead 

quality wire rod measuring 5.5 mm or 

more but not more than 7.0 mm in 

cross-sectional diameter; (ii) with an 

average partial decarburization of no 

more than 70 microns in depth 

(maximum individual 200 microns); (iii) 

having no non-deformable inclusions 

greater than 20 microns and no 

deformable inclusions greater than 35 

microns; (iv) having a carbon 

segregation per heat average of 3.0 or 

better using European Method NFA 04– 

114; (v) having a surface quality with no 

surface defects of a length greater than 

0.2 mm; (vi) capable of being drawn to 

a diameter of 0.78 mm or larger with 0.5 

or fewer breaks per ton; and (vii) 

containing by weight the following 

elements in the proportions shown: (1) 

0.78 percent or more of carbon, (2) less 

than 0.01 percent of soluble aluminum, 

(3) 0.040 percent or less, in the 

aggregate, of phosphorus and sulfur, (4) 

0.008 percent or less of nitrogen, and (5) 

either not more than 0.15 percent, in the 

aggregate, of copper, nickel and 

chromium (if chromium is not 

specified), or not more than 0.10 percent 

in the aggregate of copper and nickel 

and a chromium content of 0.24 to 0.30 

percent (if chromium is specified). 

For purposes of the grade 1080 tire 

cord quality wire rod and the grade 

1080 tire bead quality wire rod, an 

inclusion will be considered to be 

deformable if its ratio of length 

(measured along the axis—that is, the 

direction of rolling—of the rod) over 

thickness (measured on the same 

inclusion in a direction perpendicular 

to the axis of the rod) is equal to or 

greater than three. The size of an 

inclusion for purposes of the 20 microns 

and 35 microns limitations is the 

measurement of the largest dimension 

observed on a longitudinal section 

measured in a direction perpendicular 

to the axis of the rod. This measurement 

methodology applies only to inclusions 

on certain grade 1080 tire cord quality 

wire rod and certain grade 1080 tire 

bead quality wire rod that are entered, 

or withdrawn from warehouse, for 

consumption on or after July 24, 2003. 

The designation of the products as 

‘‘tire cord quality’’ or ‘‘tire bead quality’’ 

indicates the acceptability of the 

product for use in the production of tire 

cord, tire bead, or wire for use in other 

rubber reinforcement applications such 

as hose wire. These quality designations 

are presumed to indicate that these 

products are being used in tire cord, tire 

bead, and other rubber reinforcement 

applications, and such merchandise 


srobinson on DSK4SPTVN1PROD with NOTICES
13546 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 

intended for the tire cord, tire bead, or 

other rubber reinforcement applications 

is not included in the scope. However, 

should the petitioners or other 

interested parties provide a reasonable 

basis to believe or suspect that there 

exists a pattern of importation of such 

products for other than those 

applications, end-use certification for 

the importation of such products may be 

required. Under such circumstances, 

only the importers of record would 

normally be required to certify the end 

use of the imported merchandise. 

All products meeting the physical 

description of subject merchandise that 

are not specifically excluded are 

included in this scope. 

The products subject to this order are 

currently classifiable under 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, 

7227.90.6050, 7227.90.6051 

7227.90.6053, 7227.90.6058, 

7227.90.6059, 7227.90.6080, and 

7227.90.6085 of the HTSUS. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the Issues and Decision Memorandum 

for the Final Results of the Fifth 

Administrative Review of the 

Antidumping Duty Order on Carbon and 

Certain Alloy Steel Wire Rod from 

Mexico from Christian Marsh, Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Acting Assistant 

Secretary for Import Administration, 

(Decision Memorandum), dated 

concurrently with this notice and which 

is hereby adopted by this notice. A list 

of the issues which parties have raised, 

and to which we have responded in the 

Decision Memorandum, is attached to 

this notice as an Appendix. The 

Decision Memorandum is a public 

document and is on file electronically 

via Import Administration’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(IA ACCESS). IA ACCESS is available in 

the Central Records Unit, main 

Commerce Building, Room 7046. In 

addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Web at http:// 

ia.ita.doc.gov/frn/. The signed Decision 

Memorandum and electronic version of 

the Decision Memorandum are identical 

in content. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received for AMLT, we have 

recalculated AMLT’s inland freight 

expenses incurred in the home market. 

We have applied an inland freight 

expense of zero for those home market 

transactions in which AMLT reported 

that no inland freight costs were 

incurred. For all other home market 

sales, we have continued to apply the 

partial adverse facts available (AFA) 

methodology utilized in the Preliminary 

Results. AMLT’s adjustments are 

discussed in detail in the accompanying 

Decision Memorandum. See February 

29, 2012, Final Calculation 

Memorandum for AMLT. 

Final Results of Review 

As a result of our review, we 

determine that the following weightedaverage dumping margin exists for the 

period October 1, 2009, through 

September 30, 2010: 

Producer/ 

Manufacturer 

WeightedAverage 

margin 

(Percent) 

AMLT .......................................... 5.59 

Assessment Rate 

Pursuant to these final results, the 

Department has determined, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

for AMLT to CBP 15 days after the date 

of publication of these final results. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer-specific (or 

customer-specific) ad valorem duty 

assessment rates based on the ratio of 

the total amount of the dumping 

margins calculated for the examined 

sales to the total entered value of those 

same sales. We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review if any importer-specific (or 

customer-specific) assessment rates 

calculated in the final results of this 

review are above de minimis. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment of 

Antidumping Duties). This clarification 

will apply to entries of subject 

merchandise during the POR produced 

by AMLT for which AMLT did not 

know the merchandise was destined for 

the United States. In such instances, we 

will instruct CBP to liquidate unreviewed entries at the all-others rate if 

there is no company-specific rate for an 

intermediary involved in the 

transaction. 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, 65947 

(October 29, 2002) (Wire Rod Orders) 

(establishing an all-others rate of 20.11 

percent). See Assessment of 

Antidumping Duties for a full 

discussion of this clarification. 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of wire rod 

from Mexico entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

by section 751(a)(1) of the Tariff Act of 

1930, as amended (the Act): (1) The cash 

deposit rate for AMLT will be the rate 

established in the final results of review; 

(2) if the exporter is not a firm covered 

in this review or the less-than-fair-value 

(LTFV) investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (3) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be 20.11 percent, the 

all-others rate established in the LTFV 

investigation. See Wire Rod Orders at 

65947. These deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Reimbursement of Duties 

This notice also 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 POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. See 19 CFR 

351.402(f)(3). 

Notification to Interested Parties 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 13547 

1See Notice of Amended Final Determination of 

Sales at Less Than Fair Value and Antidumping 

Duty Order: Certain Frozen Warmwater Shrimp 

From the Socialist Republic of Vietnam, 70 FR 5152 

(February 1, 2005) (‘‘Order’’). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review, 76 FR 5559 

(February 1, 2011). 

3The Domestic Producers are the Ad Hoc Shrimp 

Trade Action Committee members: Nancy Edens; 

Papa Rod, Inc.; Carolina Seafoods; Bosarge Boats, 

Inc.; Knight’s Seafood Inc.; Big Grapes, Inc.; 

Versaggi Shrimp Co.; and Craig Wallis. 

4See Initiation of Antidumping Duty 

Administrative Reviews, Requests for Revocation in 

Part, and Deferral of Administrative Review, 76 FR 

17825 (March 31, 2011). 

5See Certain Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Extension of 

Preliminary Results of Antidumping Duty 

Administrative Review, 76 FR 65178 (October 20, 

2011). 

6See Certain Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Extension of 

Preliminary Results of Antidumping Duty 

Administrative Review, 77 FR 2958 (January 20, 

2012). 

7See also 19 CFR 351.204(c) regarding 

respondent selection, in general. 

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 terms of an APO is a violation 

which is subject to sanction. 

These final results of review are 

issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: February 29, 2012. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix 

List of Comments: 

ArcelorMittal Las Truchas, S.A. de C.V. 

(AMLT) 

Comment 1: Treatment of Sales with 

Negative Dumping Margins (Zeroing) 

Comment 2: Application of Partial Adverse 

Facts Available to ArcelorMittal Las 

Truchas, S.A. de C.V.’s Reported Home 

Market Inland Freight Expenses 

[FR Doc. 2012–5575 Filed 3–6–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of 

Vietnam: Preliminary Results of 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is conducting the sixth 

administrative review of the 

antidumping duty order on certain 

frozen warmwater shrimp (‘‘shrimp’’) 

from the Socialist Republic of Vietnam 

(‘‘Vietnam’’) for the period of review 

(‘‘POR’’) February 1, 2010, through 

January 31, 2011. As discussed below, 

we preliminarily determine that sales 

have been made below normal value 

(‘‘NV’’). If these preliminary results are 

adopted in our final results of review, 

we will instruct U.S. Customs and 

Border Protection (‘‘CBP’’) to assess 

antidumping duties on entries of subject 

merchandise during the POR for which 

the importer-specific assessment rates 

are above de minimis. 

DATES: Effective Date: March 7, 2012. 

FOR FURTHER INFORMATION CONTACT: Toni 

Dach or Seth Isenberg, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–1655 or (202) 482– 

0588, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2005, the Department 

published in the Federal Register the 

antidumping duty order on frozen 

warmwater shrimp from Vietnam.1 On 

February 1, 2011, the Department 

published in the Federal Register a 

notice of opportunity to request an 

administrative review of the Order for 

the period February 1, 2010, through 

January 31, 2011.2

From February 25, 2011, through 

February 28, 2011, we received requests 

to conduct administrative reviews from 

the American Shrimp Processors 

Association (‘‘ASPA’’), the Domestic 

Producers,3 and certain Vietnamese 

companies. On March 31, 2011, the 

Department published in the Federal 

Register the notice of initiation of this 

administrative review.4

On October 20, 2011, the Department 

published in the Federal Register a 

notice extending the time period for 

issuing the preliminary results by 90 

days.5 On January 20, 2012, the 

Department published in the Federal 

Register an additional notice extending 

the time period for issuing the 

preliminary results by 30 days.6

On May 15, 2011, the Department 

received a letter from Quoc Viet 

Seaproducts Processing Trading Import 

and Export Co., Ltd. (‘‘Quoc Viet’’) 

indicating that it made no shipments of 

subject merchandise during the POR. 

On May 31, 2011, the Department 

received similar letters from Nam Hai 

Foodstuff and Export Company Ltd. 

(‘‘Nam Hai’’) and Vinh Loi Import 

Export Company (‘‘Vinh Loi’’). Of the 68 

companies/groups upon which we 

initiated an administrative review, 24 

companies submitted separate-rate 

certifications, 10 companies submitted 

separate-rate applications, and three 

companies stated that they did not 

export subject merchandise to the 

United States during the POR. 

Respondent Selection 

Section 777A(c)(1) of the Tariff Act of 

1930, as amended (‘‘the Act’’), directs 

the Department to calculate individual 

dumping margins for each known 

exporter or producer of the subject 

merchandise.7 However, section 

777A(c)(2) of the Act gives the 

Department the discretion to limit its 

examination to a reasonable number of 

exporters or producers if it is not 

practicable to examine all exporters or 

producers involved in an administrative 

review. 

On April 19, 2011, the Department 

released CBP data for entries of subject 

merchandise during the POR under 

administrative protective order (‘‘APO’’) 

to all interested parties having an APO 

as of the date of this release, and invited 

comments regarding the CBP data and 

respondent selection. On April 29, 2011, 

the Department received comments 

from the ASPA, the Domestic Producers, 

and certain Vietnamese respondents 

regarding respondent selection for this 

review. No other interested parties 

submitted comments for respondent 

selection and no interested parties 

rebutted these respondent selection 

comments. 

On June 17, 2011, the Department 

issued the respondent selection 

memorandum, in which it explained 

that, because of the large numbers of 

exporters or producers involved in the 

review, it would not be practicable to 

individually examine all companies. 

Rather, the Department determined that 

it could only reasonably examine two 

exporters in this review. Pursuant to 

section 777A(c)(2)(B) of the Act, the 

Department selected Minh Phu Seafood 

Corporation (and its affiliates Minh Qui 

Seafood Co., Ltd., and Minh Phat 

Seafood Co., Ltd.) (collectively ‘‘the 

Minh Phu Group’’), and Nha Trang 

Seaproduct Company (‘‘Nha Trang 


srobinson on DSK4SPTVN1PROD with NOTICES