Steel Concrete Reinforcing Bar From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 12800-12802 [2017-04414]
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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
The Department is issuing and
publishing these final results and notice
in accordance with sections 751(c),
752(c), and 777(i)(1) of the Act and 19
CFR 351.218.
Dated: March 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary For Enforcement
& Compliance.
[FR Doc. 2017–04421 Filed 3–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–859]
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 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
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
Steel Concrete Reinforcing Bar From
Taiwan: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that steel concrete
reinforcing bar (rebar) from Taiwan is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2015, through June 30,
2016.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao or Kathryn Wallace, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1396 or (202) 482–6251,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on October 18, 2016.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Steel Concrete Reinforcing Bar From Japan,
Taiwan, and the Republic of Turkey: Initiation of
Less-Than Fair Value Investigations, 81 FR 71697
(October 18, 2016) (Initiation Notice).
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16:01 Mar 06, 2017
Jkt 241001
The product covered by this
investigation is rebar from Taiwan. For
a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,3 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).4 No
interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice. However,
because the investigation pertains to
rebar from Taiwan, the Department
preliminarily modified the scope
language as it appeared in the Initiation
Notice to remove the language
pertaining to the scope of the
countervailing duty investigation of
rebar from Turkey. See the scope in
Appendix I to this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Steel Concrete
Reinforcing Bar From Taiwan’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
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Fmt 4703
Sfmt 4703
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department
calculated estimated weighted-average
dumping margins for Power Steel Co.,
Ltd. (Power Steel) and Lo-Toun Steel
and Iron Works Co., Ltd. (Lo-Toun) that
are not zero, de minimis, or based
entirely on facts otherwise available.
The Department calculated the allothers’ rate using a weighted average of
the estimated weighted-average
dumping margins calculated for the
examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.5
For further discussion of this
calculation, see the memorandum
entitled ‘‘Steel Concrete Reinforcing Bar
From Taiwan: Calculation of the
Preliminary Margin for All Other
Companies,’’ dated concurrently with
this notice.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
5 With two respondents under examination, the
Department normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. The
Department then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters. See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
As complete publicly ranged sales data was
available, the Department based the all-others rate
on the publicly ranged sales data of the mandatory
respondents. For a complete analysis of the data,
please see the All-Others’ Rate Calculation
Memorandum.
E:\FR\FM\07MRN1.SGM
07MRN1
Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
Exporter/manufacturer
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
Power Steel Co., Ltd ..................
3.48 argument: (1) A statement of the issue;
Lo-Toun Steel and Iron Works
(2) a brief summary of the argument;
Co., Ltd ...................................
29.47 and (3) a table of authorities.
All Others ....................................
5.49
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Suspension of Liquidation
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
In accordance with section 733(d)(2)
written request to the Assistant
of the Act, the Department will direct
Secretary for Enforcement and
U.S. Customs and Border Protection
Compliance, U.S. Department of
(CBP) to suspend liquidation of entries
Commerce, within 30 days after the date
of subject merchandise, as described in
Appendix I, entered, or withdrawn from of publication of this notice. Requests
should contain the party’s name,
warehouse, for consumption on or after
address, and telephone number, the
the date of publication of this notice in
number of participants, whether any
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a
list of the issues to be discussed. If a
CFR 351.205(d), the Department will
request for a hearing is made, the
instruct CBP to require a cash deposit
equal to the estimated weighted-average Department intends to hold the hearing
at the U.S. Department of Commerce,
dumping margin or the estimated all1401 Constitution Avenue NW.,
others rate, as follows: (1) The cash
Washington, DC 20230, at a time and
deposit rate for the respondents listed
date to be determined. Parties should
above will be equal to the companyconfirm by telephone the date, time, and
specific estimated weighted-average
location of the hearing two days before
dumping margins determined in this
the scheduled date.
preliminary determination; (2) if the
exporter is not a respondent identified
Postponement of Final Determination
above, but the producer is, then the cash and Extension of Provisional Measures
deposit rate will be equal to the
Section 735(a)(2) of the Act provides
company-specific estimated weightedthat a final determination may be
average dumping margin established for
postponed until no later than 135 days
that producer of the subject
after the date of the publication of the
merchandise; and (3) the cash deposit
preliminary determination if, in the
rate for all other producers and
event of an affirmative preliminary
exporters will be equal to the all-others
determination, a request for such
estimated weighted-average dumping
postponement is made by exporters who
margin.
account for a significant proportion of
Disclosure
exports of the subject merchandise, or in
the event of a negative preliminary
The Department intends to disclose
determination, a request for such
its calculations and analysis performed
postponement is made by the petitioner.
to interested parties in this preliminary
Section 351.210(e)(2) of the
determination within five days of any
Department’s regulations requires that a
public announcement or, if there is no
request by exporters for postponement
public announcement, within five days
of the final determination be
of the date of publication of this notice
accompanied by a request for extension
in accordance with 19 CFR 351.224(b).
of provisional measures from a fourVerification
month period to a period not more than
As provided in section 782(i)(1) of the six months in duration.
On February 16, 2017, and February
Act, the Department intends to verify
21, 2017, pursuant to 19 CFR 351.210(e),
the information relied upon in making
Power Steel and Lo-Toun requested that
its final determination.
the Department postpone the final
Public Comment
determination and that provisional
Case briefs or other written comments measures be extended to a period not to
may be submitted to the Assistant
exceed six months.7 In accordance with
Secretary for Enforcement and
6 See 19 CFR 351.309; see also 19 CFR 351.303
Compliance no later than seven days
(for general filing requirements).
after the date on which the last
7 See Letter from Power Steel, ‘‘Re: Steel Concrete
verification report is issued in this
Reinforcing Bar from Taiwan: DOC Preliminary
investigation. Rebuttal briefs, limited to Determination Extension,’’ dated February 16, 2017;
issues raised in case briefs, may be
see also Letter from Lo-Toun, ‘‘Steel Concrete
sradovich on DSK3GMQ082PROD with NOTICES
Estimated
weightedaverage
dumping
margin
(percent)
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16:01 Mar 06, 2017
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Frm 00020
Fmt 4703
Sfmt 4703
12801
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, the Department is postponing the
final determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, the Department
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete reinforcing bar
imported in either straight length or coil form
(rebar) regardless of metallurgy, length,
diameter, or grade or lack thereof. Subject
merchandise includes deformed steel wire
with bar markings (e.g., mill mark, size, or
grade) and which has been subjected to an
elongation test.
The subject merchandise includes rebar
that has been further processed in the subject
country or a third country, including but not
limited to cutting, grinding, galvanizing,
painting, coating, or any other processing
that would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also
excluded from the scope is deformed steel
wire meeting ASTM A1064/A1064M with no
bar markings (e.g., mill mark, size, or grade)
Reinforcing Bar From Taiwan: Lo-Toun’s Request to
Postpone the Final Determination’’ (February 21,
2017).
E:\FR\FM\07MRN1.SGM
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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
and without being subject to an elongation
test.
The subject merchandise is classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item
numbers 7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise may
also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for
convenience and customs purposes;
however, the written description of the scope
remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2017–04414 Filed 3–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescisssion of Antidumping Duty
Administrative Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on certain
crystalline silicon photovoltaic products
(solar products) from Taiwan. The
period of review (‘‘POR’’) is July 31,
2014, through January 31, 2016. This
administrative review covers 14
exporters of the subject merchandise,
including two mandatory respondents,
Motech Industries, Inc. (‘‘Motech’’) and
Sino-American Silicon Products Inc.
(‘‘SAS’’). The Department preliminarily
determines SAS and Motech made sales
of subject merchandise at less than
normal value during the POR.
Additionally, we are rescinding this
administrative review with respect to 18
companies that timely withdrew their
request for administrative review.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4162 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2016, the Department
notified interested parties of the
opportunity to request an administrative
review of orders, findings, or suspended
investigations with anniversaries in
February 2016, including the
antidumping duty (‘‘AD’’) order on solar
products from Taiwan.1 On February 29,
2016, SolarWorld Americas Inc.
(‘‘Petitioner’’), as well as various
exporters and exporters requested that
the Department conduct an
administrative review of certain
exporters covering the POR. On April 7,
2016, the Department published a notice
initiating an AD administrative review
of solar products from the Taiwan
covering 32 companies/company
groupings for the POR.2
In the Initiation Notice, the
Department stated that if it limited the
number of respondents for individual
examination, then it intended to select
respondents based on volume data
contained in responses to its quantity
and value (‘‘Q&V’’) questionnaire.3 On
April 12, 2016, the Department issued
Q&V questionnaires to all 32
companies.4 We received Q&V
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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16:01 Mar 06, 2017
Jkt 241001
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 81 FR 5712
(February 3, 2016).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (Initiation Notice).
3 Id. at 20324.
4 The Department explained in the Initiation
Notice that the units used to measure the imported
quantities of solar cells and solar modules in the
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
questionnaire responses from 14
companies 5 named in the Initiation
Notice. The remaining 18 companies 6
withdrew their requests for
administrative review, pursuant to 19
CFR 351.213(d)(1). Because these 18
companies timely withdrew their
requests for administrative review
pursuant to 19 CFR 351.213(d)(1), and
no other party requested a review of
these companies, we are rescinding the
administrative review with respect to
these companies.
On May 18, 2016, the Department
selected Motech and SAS as mandatory
respondents.7
From May 20, 2016, through February
23, 2017, the Department issued
questionnaires to, and received timely
responses from from the two mandatory
respondents.8 Petitioner commented on
these responses between July 8, 2016,
and December 5, 2016.
On October 12, 2016, the Department
extended the deadline for issuing the
CBP data are reported in ‘‘piece’’ units and it would
not be meaningful to sum the number of imported
solar cells and the number of imported solar
modules in attempting to determine the largest
Taiwan exporters of subject merchandise by
volume. Id. Therefore, the Department stated that it
would issue Q&V questionnaires to determine the
volume of subject merchandise shipped to the
United States by Taiwanese exporters/producers.
Id.
5 AU Optronics Corporation, EEPV CORP., E–
TON Solar Tech. Co., Ltd., Gintech Energy
Corporation, Inventec Energy Corporation, Inventec
Solar Energy Corporation, Kyocera Mexicana S.A.
de C.V., Motech Industries, Inc., Sino-American
Silicon Products Inc., Solartech Energy Corporation,
Sunengine Corporation Ltd., Sunrise Global Solar
Energy, TSEC Corporation, and Win Win Precision
Technology Co., Ltd.
6 Baoding Jiasheng Photovoltaic Technology Co.
Ltd., Baoding Tianwei Yingli New Energy
Resources Co., Ltd., Beijing Tianneng Yingli New
Energy Resources Co. Ltd., Boviet Solar Technology
Co., Ltd., Canadian Solar Inc., Canadian Solar
International, Ltd., Canadian Solar Manufacturing
(Changshu), Inc., Canadian Solar Manufacturing
(Luoyang), Inc., Canadian Solar Solution Inc.,
Hainan Yingli New Energy Resources Co., Ltd.,
Hengshui Yingli New Energy Resources Co., Ltd.,
Lixian Yingli New Energy Resources Co., Ltd.,
Shenzhen Yingli New Energy Resources Co., Ltd.,
Tianjin Yingli New Energy Resources Co., Ltd.,
Vina Solar Technology Co., Ltd., Yingli Energy
(China) Co., Ltd., Yingli Green Energy Holding
Company Limited, and Yingli Green Energy
International Trading Company Limited.
7 See memorandum from Thomas Martin, Senior
International Trade Compliance Analyst, Office IV,
AD/CVD Operations, Enforcement and Compliance
to Abdelali Elouaradia, Director, Office IV, AD/CVD
Operations, Enforcement and Compliance regarding
‘‘2014–2016 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Respondent Selection,’’
dated May 18, 2016 at 4–5.
8 See Letters from Motech to the Department
dated June 21, July 11, July 15, August 12,
September 19, September 23, October 24, November
15, 2016; January 18, 2017, February 14, 2017 and
February 23, 2017; Letters from SAS and Solartech
to the Department dated June 20, July 12, July 18,
October 25, and November 8, 2016; January 9,
January 12, January 24, and February 10, 2017.
E:\FR\FM\07MRN1.SGM
07MRN1
Agencies
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12800-12802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04414]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-859]
Steel Concrete Reinforcing Bar From Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that steel concrete reinforcing bar (rebar) from Taiwan is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is July 1, 2015,
through June 30, 2016.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Kathryn Wallace, AD/
CVD Operations, Office VII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1396 or (202)
482-6251, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on October 18,
2016.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. 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 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 at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar From Japan, Taiwan, and
the Republic of Turkey: Initiation of Less-Than Fair Value
Investigations, 81 FR 71697 (October 18, 2016) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Steel
Concrete Reinforcing Bar From Taiwan'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is rebar from Taiwan. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the preamble to the Department's regulations,\3\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. However, because the investigation pertains to rebar
from Taiwan, the Department preliminarily modified the scope language
as it appeared in the Initiation Notice to remove the language
pertaining to the scope of the countervailing duty investigation of
rebar from Turkey. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department calculated estimated
weighted-average dumping margins for Power Steel Co., Ltd. (Power
Steel) and Lo-Toun Steel and Iron Works Co., Ltd. (Lo-Toun) that are
not zero, de minimis, or based entirely on facts otherwise available.
The Department calculated the all-others' rate using a weighted average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\5\ For further discussion of this
calculation, see the memorandum entitled ``Steel Concrete Reinforcing
Bar From Taiwan: Calculation of the Preliminary Margin for All Other
Companies,'' dated concurrently with this notice.
---------------------------------------------------------------------------
\5\ With two respondents under examination, the Department
normally calculates (A) a weighted-average of the estimated
weighted-average dumping margins calculated for the examined
respondents; (B) a simple average of the estimated weighted-average
dumping margins calculated for the examined respondents; and (C) a
weighted-average of the estimated weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged U.S. sale quantities for the merchandise under
consideration. The Department then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United Kingdom: Final
Results of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). As complete publicly ranged
sales data was available, the Department based the all-others rate
on the publicly ranged sales data of the mandatory respondents. For
a complete analysis of the data, please see the All-Others' Rate
Calculation Memorandum.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
[[Page 12801]]
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Power Steel Co., Ltd........................................ 3.48
Lo-Toun Steel and Iron Works Co., Ltd....................... 29.47
All Others.................................................. 5.49
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise, as described in Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margin or the estimated
all-others rate, as follows: (1) The cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until no later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of the Department's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On February 16, 2017, and February 21, 2017, pursuant to 19 CFR
351.210(e), Power Steel and Lo-Toun requested that the Department
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\7\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
the Department is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, the Department will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\7\ See Letter from Power Steel, ``Re: Steel Concrete
Reinforcing Bar from Taiwan: DOC Preliminary Determination
Extension,'' dated February 16, 2017; see also Letter from Lo-Toun,
``Steel Concrete Reinforcing Bar From Taiwan: Lo-Toun's Request to
Postpone the Final Determination'' (February 21, 2017).
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International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is steel concrete
reinforcing bar imported in either straight length or coil form
(rebar) regardless of metallurgy, length, diameter, or grade or lack
thereof. Subject merchandise includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and which has been
subjected to an elongation test.
The subject merchandise includes rebar that has been further
processed in the subject country or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds (i.e., nondeformed or
smooth rebar). Also excluded from the scope is deformed steel wire
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark,
size, or grade)
[[Page 12802]]
and without being subject to an elongation test.
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS numbers including
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030,
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2017-04414 Filed 3-6-17; 8:45 am]
BILLING CODE 3510-DS-P