[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]


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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withdrawal request, the Department rescinded the review for one 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.
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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.
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Scope of the Order \6\
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    \6\ For the full text of the scope of the order, see the 
Preliminary Decision Memorandum.
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    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.
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    \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.
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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 http://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 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.
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    \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