Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan: Continuation and Revocation of Antidumping Duty Orders, 54043-54044 [2016-19256]

Download as PDF Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity, which is 76.45 sradovich on DSK3GMQ082PROD with NOTICES qualified for a separate rate, the assessment rate is equal to the weightedaverage dumping margin assigned to Dongyuan, or 1.65 percent. For the companies identified above as part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.45 3 percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. The Department has refined its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by Dongyuan, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, because the Department determined that Kehuaxing had no shipments of the subject merchandise, any suspended entries that entered under Kehuaxing’s rate will be liquidated at the PRC-wide rate.4 Administrative Protective Order 3 The PRC-wide rate determined in the investigation was 76.53 percent. See Drawn Stainless Steel Sinks from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592, 21594 (April 11, 2013). This rate was adjusted for export subsidies and estimated domestic subsidy pass through to determine the cash deposit rate (76.45 percent) collected for companies in the PRC-wide entity. See explanation in Drawn Stainless Steel Sinks From the People’s Republic of China: Investigation, Final Determination, 78 FR 13019, 13025 (February 26, 2013). 4 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings). VerDate Sep<11>2014 19:23 Aug 12, 2016 Jkt 238001 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–19264 Filed 8–12–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–820, A–588–843, A–580–829, A–469– 807, A–583–828] Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan: Continuation and Revocation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 54043 As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping (AD) duty orders on stainless steel wire rod (SSWR) from Japan, the Republic of Korea (Korea), and Taiwan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders. In addition, as a result of the ITC’s determination that revocation of the AD duty orders on SSWR from Italy and Spain is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department is revoking the AD orders on SSWR from Italy and Spain. SUMMARY: AD Revocation (Italy and Spain): Effective June 17, 2015; AD Continuation (Japan, Korea, and Taiwan): Effective August 15, 2016. FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693. SUPPLEMENTARY INFORMATION: DATES: Background On September 15, 1998, the Department published the AD orders on SSWR from Japan, Italy, Korea, Spain, and Taiwan.1 On May 1, 2015, the Department initiated 2 and the ITC instituted 3 five-year (‘‘sunset’’) reviews of the AD orders on SSWR from Japan, Italy, Korea, Spain, and Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As 1 See Notice of Antidumping Duty Order: Stainless Steel Wire Rod from Italy, 63 FR 49327 (September 15, 1998); Notice of Antidumping Duty Order: Stainless Steel Wire Rod from Japan, 63 FR 49328 (September 15, 1998); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Korea, 63 FR 49331 (September 15, 1998), as amended by Stainless Steel Wire Rod From Korea: Amendment of Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision, 66 FR 41550 (August 8, 2001); Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Spain, 63 FR 49330 (September 15, 1998); and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Taiwan, 63 FR 49332 (September 15, 1998). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 24900 (May 1, 2015). 3 See Stainless Steel Wire Rod From Italy, Japan, Korea, Spain, and Taiwan; Institution of Five-Year Reviews, 80 FR 24970 (May 1, 2015). E:\FR\FM\15AUN1.SGM 15AUN1 54044 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices a result of its reviews, the Department determined that revocation of the AD orders on SSWR from Japan, Italy, Korea, Spain, and Taiwan would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins of dumping likely to prevail were the orders revoked.4 On July 29, 2016, the ITC published its determinations, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD orders on SSWR from Japan, Korea, and Taiwan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, but that revocation of the AD orders on SSWR from Italy and Spain would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.5 Scope of the Orders sradovich on DSK3GMQ082PROD with NOTICES The merchandise covered by these orders is SSWR, which comprises products that are hot-rolled or hot-rolled annealed and/or pickled and/or descaled rounds, squares, octagons, hexagons or other shapes, in coils, that may also be coated with a lubricant containing copper, lime, or oxalate. SSWR is made of alloy steels containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. These products are manufactured only by hot-rolling or hotrolling, annealing, and/or pickling and/ or descaling, are normally sold in coiled form, and are of solid cross-section. The majority of SSWR sold in the United States is round in cross-sectional shape, annealed and pickled, and later coldfinished into stainless steel wire or small-diameter bar. The most common size for such products is 5.5 millimeters or 0.217 inches in diameter, which represents the smallest size that normally is produced on a rolling mill and is the size that most wire-drawing machines are set up to draw. The range of SSWR sizes normally sold in the United States is between 0.20 inches and 1.312 inches diameter. Two stainless steel grades, SF20T and K–M35FL, are excluded 4 See Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 80 FR 59733 (October 2, 2015). 5 See Stainless Steel Wire Rod from Italy, Japan, Korea, Spain, and Taiwan; Determination, 81 FR 50011 (July 29, 2016). VerDate Sep<11>2014 19:23 Aug 12, 2016 Jkt 238001 from the scope of the orders. The chemical makeup for the excluded grades is as follows: SF20T Carbon ............... Chromium ......... Manganese ......... Molybdenum ..... Phosphorous ...... Lead ................... Sulfur ................. Tellurium .......... Silicon ............... K–M35FL Carbon ............... Nickel ................ Silicon ............... Chromium ......... Manganese ......... Lead ................... Phosphorous ...... Aluminum ......... Sulfur ................. 0.05 max 19.00/21.00 2.00 max 1.50/2.50 0.05 max added (0.10/0.30) 0.15 max added (0.03 min) 1.00 max 0.015 max 0.30 max 0.70/1.00 12.50/14.00 0.40 max 0.10/0.30 0.04 max 0.20/0.35 0.03 max The products subject to these orders are currently classifiable under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Continuation of the AD Orders on SSWR From Japan, Korea, and Taiwan As a result of the determinations by the Department and the ITC that revocation of the AD orders on SSWR from Japan, Korea, and Taiwan would likely lead to a continuation or a recurrence of dumping and of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on SSWR from Japan, Korea, and Taiwan. U.S. Customs and Border Protection (CBP) will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Revocation of the AD Orders on SSWR From Italy and Spain As a result of the determination by the ITC that revocation of the AD orders on PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 SSWR from Italy and Spain would not be likely to lead to continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department is revoking the AD orders on SSWR from Italy and Spain. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is June 17, 2015 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of continuation of the antidumping duty orders).6 Cash Deposits and Assessment of Duties on SSWR From Italy and Spain The Department will notify CBP, 15 days after publication of this notice, to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of SSWR from Italy and Spain, entered or withdrawn from warehouse, on or after June 17, 2015. The Department will further instruct CBP to refund with interest all cash deposits on unliquidated entries made on or after June 17, 2015. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and AD deposit requirements and assessments. The Department will complete any pending or requested administrative reviews of this order covering entries prior to June 17, 2015. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: August 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–19256 Filed 8–12–16; 8:45 am] BILLING CODE 3510–DS–P 6 See Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan: Continuation of Antidumping Duty Orders, 75 FR at 34424 (June 17, 2010). E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54043-54044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19256]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-820, A-588-843, A-580-829, A-469-807, A-583-828]


Stainless Steel Wire Rod from Italy, Japan, the Republic of 
Korea, Spain, and Taiwan: Continuation and Revocation of Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping (AD) duty orders on stainless steel 
wire rod (SSWR) from Japan, the Republic of Korea (Korea), and Taiwan 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty orders. In 
addition, as a result of the ITC's determination that revocation of the 
AD duty orders on SSWR from Italy and Spain is not likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, the Department is revoking the AD orders on SSWR from 
Italy and Spain.

DATES: AD Revocation (Italy and Spain): Effective June 17, 2015; AD 
Continuation (Japan, Korea, and Taiwan): Effective August 15, 2016.

FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3693.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 1998, the Department published the AD orders on 
SSWR from Japan, Italy, Korea, Spain, and Taiwan.\1\ On May 1, 2015, 
the Department initiated \2\ and the ITC instituted \3\ five-year 
(``sunset'') reviews of the AD orders on SSWR from Japan, Italy, Korea, 
Spain, and Taiwan, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). As

[[Page 54044]]

a result of its reviews, the Department determined that revocation of 
the AD orders on SSWR from Japan, Italy, Korea, Spain, and Taiwan would 
likely lead to continuation or recurrence of dumping and notified the 
ITC of the magnitude of the margins of dumping likely to prevail were 
the orders revoked.\4\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Stainless Steel Wire 
Rod from Italy, 63 FR 49327 (September 15, 1998); Notice of 
Antidumping Duty Order: Stainless Steel Wire Rod from Japan, 63 FR 
49328 (September 15, 1998); Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order: Stainless 
Steel Wire Rod from Korea, 63 FR 49331 (September 15, 1998), as 
amended by Stainless Steel Wire Rod From Korea: Amendment of Final 
Determination of Sales at Less Than Fair Value Pursuant to Court 
Decision, 66 FR 41550 (August 8, 2001); Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Stainless Steel Wire Rod from Spain, 63 FR 49330 (September 
15, 1998); and Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Stainless Steel 
Wire Rod from Taiwan, 63 FR 49332 (September 15, 1998).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 24900 
(May 1, 2015).
    \3\ See Stainless Steel Wire Rod From Italy, Japan, Korea, 
Spain, and Taiwan; Institution of Five-Year Reviews, 80 FR 24970 
(May 1, 2015).
    \4\ See Stainless Steel Wire Rod from Italy, Japan, the Republic 
of Korea, Spain, and Taiwan: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 80 FR 59733 (October 2, 
2015).
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    On July 29, 2016, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the AD orders 
on SSWR from Japan, Korea, and Taiwan would likely lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revocation of the AD 
orders on SSWR from Italy and Spain would not be likely to lead to 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\5\
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    \5\ See Stainless Steel Wire Rod from Italy, Japan, Korea, 
Spain, and Taiwan; Determination, 81 FR 50011 (July 29, 2016).
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Scope of the Orders

    The merchandise covered by these orders is SSWR, which comprises 
products that are hot-rolled or hot-rolled annealed and/or pickled and/
or descaled rounds, squares, octagons, hexagons or other shapes, in 
coils, that may also be coated with a lubricant containing copper, 
lime, or oxalate. SSWR is made of alloy steels containing, by weight, 
1.2 percent or less of carbon and 10.5 percent or more of chromium, 
with or without other elements. These products are manufactured only by 
hot-rolling or hot-rolling, annealing, and/or pickling and/or 
descaling, are normally sold in coiled form, and are of solid cross-
section. The majority of SSWR sold in the United States is round in 
cross-sectional shape, annealed and pickled, and later cold-finished 
into stainless steel wire or small-diameter bar.
    The most common size for such products is 5.5 millimeters or 0.217 
inches in diameter, which represents the smallest size that normally is 
produced on a rolling mill and is the size that most wire-drawing 
machines are set up to draw. The range of SSWR sizes normally sold in 
the United States is between 0.20 inches and 1.312 inches diameter. Two 
stainless steel grades, SF20T and K-M35FL, are excluded from the scope 
of the orders. The chemical makeup for the excluded grades is as 
follows:

SF20T
    Carbon................................  0.05 max
    Chromium..............................  19.00/21.00
    Manganese.............................  2.00 max
    Molybdenum............................  1.50/2.50
    Phosphorous...........................  0.05 max
    Lead..................................  added (0.10/0.30)
    Sulfur................................   0.15 max
    Tellurium.............................  added (0.03 min)
    Silicon...............................  1.00 max
K-M35FL
    Carbon................................  0.015 max
    Nickel................................  0.30 max
    Silicon...............................   0.70/1.00
    Chromium..............................  12.50/14.00
    Manganese.............................  0.40 max
    Lead..................................  0.10/0.30
    Phosphorous...........................  0.04 max
    Aluminum..............................  0.20/0.35
    Sulfur................................  0.03 max
 

    The products subject to these orders are currently classifiable 
under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 
7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of these orders is dispositive.

Continuation of the AD Orders on SSWR From Japan, Korea, and Taiwan

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders on SSWR from Japan, Korea, and Taiwan 
would likely lead to a continuation or a recurrence of dumping and of 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD orders on SSWR from Japan, Korea, and Taiwan. 
U.S. Customs and Border Protection (CBP) will continue to collect AD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act, the Department intends to initiate the next five-year review of 
these orders not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Revocation of the AD Orders on SSWR From Italy and Spain

    As a result of the determination by the ITC that revocation of the 
AD orders on SSWR from Italy and Spain would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
is revoking the AD orders on SSWR from Italy and Spain. Pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective 
date of revocation is June 17, 2015 (i.e., the fifth anniversary of the 
date of publication in the Federal Register of the notice of 
continuation of the antidumping duty orders).\6\
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    \6\ See Stainless Steel Wire Rod from Italy, Japan, the Republic 
of Korea, Spain, and Taiwan: Continuation of Antidumping Duty 
Orders, 75 FR at 34424 (June 17, 2010).
---------------------------------------------------------------------------

Cash Deposits and Assessment of Duties on SSWR From Italy and Spain

    The Department will notify CBP, 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of cash deposits on entries of SSWR from Italy and 
Spain, entered or withdrawn from warehouse, on or after June 17, 2015. 
The Department will further instruct CBP to refund with interest all 
cash deposits on unliquidated entries made on or after June 17, 2015. 
Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
AD deposit requirements and assessments. The Department will complete 
any pending or requested administrative reviews of this order covering 
entries prior to June 17, 2015.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-19256 Filed 8-12-16; 8:45 am]
 BILLING CODE 3510-DS-P