46222 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 

6See 19 CFR 351.218(d)(1)(iii). 

1See 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) 

(Order). 

2See Carbon and Certain Alloy Steel Wire Rod 

From Mexico: Final Results of Antidumping Duty 

Administrative Review, 81 FR 31592 (May 19, 

2016). 

3See letter from AMM, ‘‘Carbon and Certain 

Alloy Steel Wire Rod from Mexico: Request for 

Changed Circumstances Review,’’ dated August 15, 

2017 (CCR Request). 

4See letter from AMM, ‘‘Carbon and Certain 

Alloy Steel Wire Rod from Mexico: Supplement to 

Request for Changed Circumstances Review,’’ dated 

September 12, 2017 (CCR Supplement). 

5 Id. 

6For a complete description of the scope of the 

order, see Memorandum from James Maeder, Senior 

Director performing the duties of Deputy Assistant 

Secretary for Antidumping and Countervailing Duty 

Operations, to Carole Showers, Executive Director, 

Office of Policy, performing the duties of the 

Deputy Assistant Secretary for Enforcement and 

Compliance, ‘‘Carbon and Certain Alloy Steel Wire 

Rod from Mexico Preliminary Decision 

Memorandum of Changed Circumstances Review,’’ 

dated concurrently with, and hereby adopted by, 

these preliminary results (Preliminary Decision 

Memorandum). 

7See, e.g., Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

People’s Republic of China: Final Results of 

Changed Circumstances Review, 81 FR 91909 

of intent to participate. The required 

contents of the notice of intent to 

participate are set forth at 19 CFR 

351.218(d)(1)(ii). In accordance with the 

Department’s regulations, if we do not 

receive a notice of intent to participate 

from at least one domestic interested 

party by the 15-day deadline, the 

Department will automatically revoke 

the order without further review.6

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in a Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Consult the Department’s 

regulations for information regarding 

the Department’s conduct of Sunset 

Reviews. Consult the Department’s 

regulations at 19 CFR part 351 for 

definitions of terms and for other 

general information concerning 

antidumping and countervailing duty 

proceedings at the Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218(c). 

Dated: September 28, 2017. 

James Maeder, 

Senior Director, perfoming the duties of 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2017–21340 Filed 10–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–830] 

Initiation and Preliminary Results of 

Changed Circumstances Review: 

Antidumping Duty Order on Carbon 

and Certain Alloy Steel Wire Rod From 

Mexico 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) is simultaneously 

initiating and issuing the preliminary 

results of a changed circumstances 

review (CCR) of the antidumping duty 

order on carbon and certain alloy steel 

wire rod (wire rod) from Mexico to 

determine whether ArcelorMittal 

Mexico, S.A. de C.V. (AMM) is the 

successor-in-interest to ArcelorMittal 

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

Based on the information on the record, 

we preliminarily determine that AMM 

is the successor-in-interest to AMLT. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable October 4, 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 October 29, 2002, the Department 

published in the Federal Register the 

antidumping duty order on wire rod 

from Mexico.1 On May 19, 2016, the 

Department published its final results of 

the 2013–2014 administrative review of 

the Order, in which it assigned AMLT 

a 2.59 percent dumping margin.2 On 

August 15, 2017, AMM, a foreign 

producer of the subject merchandise, 

requested that the Department initiate 

and conduct a changed circumstance 

review to determine that AMM is the 

successor-in-interest to AMLT for the 

purposes of the Order.3 On September 

12, 2017, AMM filed a letter stating it 

conferred with counsel for interested 

parties to this proceeding, specifically, 

counsel for Nucor Corporation, counsel 

for Gerdau Ameristeel USA, Charter 

Steel, and Keystone Steel, and counsel 

for Deacero S.A.P.I. de C.V. and Deacero 

USA (a group which included domestic 

interested parties/petitioners to the 

Order), at which time they stated they 

would not oppose the August 15, 2017, 

request.4 AMM further requested that 

the Department initiate and conduct an 

expedited changed circumstances 

review.5

Scope of the Order 

The merchandise covered by the 

Order is carbon and certain alloy steel 

wire rod. The product is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

item numbers 7213.91.3000, 

7213.91.3010, 7213.91.3011, 

7213.91.3015, 7213.91.3020, 

7213.91.3090, 7213.91.3091, 

7213.91.3092, 7213.91.3093, 

7213.91.4500, 7213.91.4510, 

7213.91.4590, 7213.91.6000, 

7213.91.6010, 7213.91.6090, 

7213.99.0030, 7213.99.0031, 

7213.99.0038, 7213.99.0090, 

7227.20.0000, 7227.20.0010, 

7227.20.0020, 7227.20.0030, 

7227.20.0080, 7227.20.0090, 

7227.20.0095, 7227.90.6010, 

7227.90.6020, 7227.90.6030, 

7227.90.6035, 7227.90.6050, 

7227.90.6051, 7227.90.6053, 

7227.90.6058, 7227.90.6059, 

7227.90.6080, and 7227.90.6085 of the 

HTSUS. Although the HTSUS numbers 

are provided for convenience and 

customs purposes, the written product 

description remains dispositive.6

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (the Act), 

and the Department’s regulations (19 

CFR 351.216 and 351.221(c)(3)), the 

Department will conduct a changed 

circumstances review upon receipt of 

information concerning, or a request 

from an interested party for a review of, 

an order which shows changed 

circumstances sufficient to warrant a 

review of the order. Generally, in the 

past, the Department has used CCRs to 

address the applicability of cash deposit 

rates after there have been changes in 

the name or structure of a respondent, 

such as a merger or spinoff (i.e., 

successor-in-interest, or successorship 

determinations).7


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 46223 

(December 19, 2016) (Solar Cells PRC 2016 CCR 

Final). 

8See CCR Request at 2. 

9See 19 CFR 351.216(d). 

10See 19 CFR 351.221(c)(3)(ii). 

11See, e.g., Initiation and Preliminary Results of 

Antidumping Duty Changed Circumstances Review: 

Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled Into Modules, from the People’s 

Republic of China, 81 FR 76561 (November 3, 

2016), unchanged in Solar Cells PRC 2016 CCR 

Final. 

12 Id. 

13See Initiation and Preliminary Results of 

Antidumping Duty Changed Circumstances Review: 

Multilayered Wood Flooring from the People’s 

Republic of China, 79 FR 48117, 48118 (August 15, 

2014), unchanged in Multilayered Wood Flooring 

from the People’s Republic of China: Final Results 

of Changed Circumstances Review, 79 FR 58740 

(September 30, 2014). 

14 Id. 

15See Solar Cells PRC 2016 CCR Final, 81 FR at 

91910. 

16See generally CCR Request. 

17 Id. at 4–5 and Exhibits B and C. 

18 Id. at 6–7 and Exhibit A. 

19 Id. at 7–8 and Exhibit A. 

20 Id. at 8–9. 

21See 19 CFR 321.309(c)(1)(ii). 

22See 19 CFR 351.309(d)(1) and (2). 

23See 19 CFR 351.309(c)(2) and (d)(2). 

24See 19 CFR 351.310(c). 

25See 19 CFR 351.310(d). 

26See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures: 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

Specifically, AMM states that as of 

May 2, 2017, AMLT, which received its 

own cash deposit rate as a mandatory 

respondent in the most recently 

completed administrative review of the 

Order, entered into a purchase and sale 

agreement (Agreement) with AMM, 

under which nearly all AMLT’s assets 

and commercial relationships were sold 

to AMM.8 Thus, consistent with 

Department practice, we find the 

information submitted by AMM 

demonstrates changed circumstances 

sufficient to warrant a review.9

Therefore, in accordance with section 

751(b)(1) of the Act and 19 CFR 

351.216(d), the Department is initiating 

a changed circumstances review to 

determine whether AMM is the 

successor-in-interest to AMLT. 

Preliminary Results 

When it concludes that expedited 

action is warranted, the Department 

may publish the notice of initiation and 

preliminary results of a CCR in a single 

notice.10 The Department has combined 

the notice of initiation and preliminary 

results in successor-in-interest cases 

when sufficient documentation has been 

provided supporting the request to make 

a preliminary determination.11 In this 

instance, because the record contains 

information necessary to support the 

request for a preliminary determination, 

we find that expedited action is 

warranted, and we are combining the 

notice of initiation and the notice of 

preliminary results, in accordance with 

19 CFR 351.221(c)(3)(ii). 

In a CCR, we generally consider a 

company to be the successor to another 

company for antidumping (AD) cash 

deposit purposes if the operations of the 

successor are not materially dissimilar 

from those of its predecessor.12 In 

making this determination, the 

Department examines a number of 

factors including, but not limited to, 

changes in: (1) Management; (2) 

production facilities; (3) suppliers; and 

(4) customer base.13 While no one or 

several of these factors will necessarily 

provide a dispositive indication of 

succession, the Department will 

generally consider one company to be 

the successor to another company if its 

resulting operation is essentially the 

same as that of its predecessor.14 Thus, 

if the evidence demonstrates that, with 

respect to the production and sale of the 

subject merchandise, the new company 

operates as the same business entity as 

the prior company, the Department will 

assign the new company the cash 

deposit rate of its predecessor.15

In its CCR Request, AMM provided 

evidence demonstrating that its 

operations are not materially dissimilar 

from those of its predecessor, AMLT.16

Specifically, AMM and AMLT are both 

owned by the same parent company, 

and the record shows that the same 

employees and management control the 

company both before and after the 

acquisition.17 Further, AMM 

demonstrates that it simply integrated 

AMLT’s long steel products production 

facilities into its company’s assets and 

has not made any material changes to 

the production processes.18 Finally, the 

record confirms that there have not been 

any material changes to the company’s 

suppliers,19 nor to the customer base,20

as a result of the merger. Based on the 

foregoing findings, which are explained 

in greater detail in the Preliminary 

Decision Memorandum, the Department 

preliminarily determines that AMM is 

the successor-in-interest to AMLT and, 

as such, it is entitled to AMLT’s AD 

cash deposit rate with respect to entries 

of subject merchandise. Should our final 

results remain the same as these 

preliminary results, we will instruct 

U.S. Customs and Border Protection to 

suspend liquidation of entries of wire 

rod products produced and/or exported 

by AMM at the AD cash-deposit rate 

applicable to AMLT, effective the date 

of publication of the final results. 

Public Comment 

Interested parties may submit case 

briefs not later than 30 days after the 

date of publication of this notice.21

Rebuttal briefs, which must be limited 

to issues raised in such briefs, may be 

filed not later than seven days after the 

date of publication of this notice.22

Parties who submit case briefs or 

rebuttal briefs in this changed 

circumstances review are requested to 

submit with each argument: (1) A 

statement of the issue; and (2) a brief 

summary of the argument with an 

electronic version included.23

Any interested party may request a 

hearing within 30 days of publication of 

this notice.24 Hearing requests should 

contain the following information: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations at 

the hearing will be limited to issues 

raised in the briefs. If a request for a 

hearing is made, parties will be notified 

of the time and date for the hearing to 

be held at the U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230 in a room 

to be determined.25

All submissions, with limited 

exceptions, must be filed electronically 

using Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). An electronically filed 

document must be received successfully 

in its entirety by 5 p.m. Eastern Time 

(ET) on the due date. Documents 

excepted from the electronic submission 

requirements must be filed manually 

(i.e., in paper form) with the APO/ 

Dockets Unit in Room 18022 and 

stamped with the date and time of 

receipt by 5 p.m. ET on the due date.26

Unless extended, consistent with 19 

CFR 351.216(e), we intend to issue the 

final results of this changedcircumstances review no later than 270 

days after the date on which this review 

was initiated or within 45 days if all 

parties agree to the outcome of the 

review. We intend to issue and publish 

this initiation and preliminary results 

notice in accordance with sections 

751(b)(1) and 777(i)(1) of the Act and 19 

CFR 351.216 and 351.221(c)(3) of the 

Department’s regulations. 

Dated: September 28, 2017. 

Carole Showers, 

Executive Director, Office of Policy 

performing the duties of the Deputy Assistant 

Secretary for Enforcement and Compliance. 

[FR Doc. 2017–21341 Filed 10–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 


sradovich on DSK3GMQ082PROD with NOTICES