Steel Concrete Reinforcing Bar From Japan: Final Affirmative Determination of Sales at Less Than Fair Value, 23195-23196 [2017-10348]

Download as PDF Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices Comment 7: Whether the Department Should Revise Icdas’ Short-Length Rebar Cost Comment 8: Whether the Department Should Disallow Offsets to Icdas’ G&A Expenses for Reimbursements Related to Port Services Provided to Third Parties Comment 9: Whether the Department Should Revise the Manufacturer Code Assignments in the Home Market Resellers’ Sales File in the Comparison Market Program Comment 10: Whether the Department Should Apply Partial AFA to Icdas with Respect to Missing Manufacturer Codes in the Home Market Resellers Sales File Comment 11: Whether the Department Should Adjust Normal Value for Certain Home Market Movement Expenses Comment 12: Whether the Department Should Use the Correct Home Market Credit Expense Amount CREDIT2H in its Calculation of Normal Value Comment 13a: Whether the Department Should Adjust Arten’s Sales to Exclude VAT Comment 13b: Whether the Department Should Adjust Home Market Freight Expense for Certain Sales in Order to Eliminate Understatement of this Expense Due to Double Counting of VAT Comment 14: Whether the Department Should Use the Correct Home Market Gross Unite Price Data in its Margin Calculation Comment 15: Whether the Department Should Continue to Differentiate Between Air and Water Cooled Rebar Comment 16: Whether the Department Should Reconsider and Reverse its Decision to Refuse to Accept Icdas’ Timely and Properly Submitted Minor Corrections of February 15, 2017 Comment 17: Whether the Computer Programming Error Regarding Icdas’ Ending Period Date for U.S. Sales Should be Corrected VIII. Recommendation [FR Doc. 2017–10346 Filed 5–19–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending its final results of the administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) for the period of review is November 1, 2010, through October 31, 2011. mstockstill on DSK30JT082PROD with NOTICES AGENCY: VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 DATES: Effective May 22, 2017. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, 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) 482–6251 or (202) 482–4956, respectively. SUPPLEMENTARY INFORMATION: Following the publication of the Final Results, Weifang Hongqiao International Logistics Co., Ltd., Qingdao Xintianfeng Foods Co., Ltd., and Shandong Jinxiang Zhengyang Import and Export Co., Ltd. (collectively, Separate Rate Respondents) challenged the Department’s Final Results in the United States Court of International Trade (CIT). In the Final Results, the Department calculated a de minimis rate for the two mandatory respondents, but found that averaging the mandatory respondents’ de minimis rates would not be reasonably reflective of the potential dumping margins of the companies not selected for individual examination.1 The Department found the Separate Rate Respondents eligible for a separate rate, but did not select them for individual examination.2 The Department established the dumping margin for the Separate Rate Respondents by applying the most recently-calculated rate under this order, which was not affected by the Department’s zeroing methodology, i.e., $1.28 per kilogram, the rate in the 08/ 09 Garlic NSR.3 The Separate Rate Respondents challenged the Department’s selection of the $1.28 per kilogram dumping margin.4 On April 14, 2017, the United States, the Separate Rate Respondents, and the petitioner 5 entered into an agreement to settle this dispute. On April 17, 2017, the United States, the Separate Rate Respondents, and the petitioner filed a stipulation for entry of judgment with the CIT. On April 19, 2017, the CIT entered judgment by stipulation. Consistent with the settlement agreement and the judgment by stipulation, these Amended Final Results assign each Separate Rate Respondent a $0.00 per kilogram dumping margin for the POR. The Amended Final Results make no other 1 IDM at 4. at 3–4. 3 Final Results, 78 FR at 36169. 4 Weifang Hongqiao International Logistics Co., Ltd. et al. v. United States, Consol. Case No. 13– 00228. 5 The Fresh Garlic Producers Association and its individual members, Christopher Ranch, LLC, the Garlic Company, Valley Garlic, and Vessey and Company, Inc. 2 IDM PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 23195 modification to the Department’s findings in the Final Results. Within fifteen days of publication of these Amended Final Results, we will instruct U.S. Customs and Border Protection to liquidate all unliquidated entries of fresh garlic from the PRC produced and/or exported by Weifang Hongqiao International Logistics Co., Ltd., Qingdao Xintianfeng Foods Co., Ltd., and Shandong Jinxiang Zhengyang Import and Export Co., Ltd., and entered, or withdrawn from warehouse, for consumption in the United States during the POR at the assessment rate of $0.00 per kilogram. We are issuing and publishing these Amended Final Results of review and notice in accordance with section 516A(e) of the Act. Dated: May 15, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–10350 Filed 5–19–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–876] Steel Concrete Reinforcing Bar From Japan: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of steel concrete reinforcing bar (rebar) from Japan are being, or are 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. The final dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective May 22, 2017. FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482–3870. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 7, 2017, the Department published the Preliminary Determination of this antidumping duty E:\FR\FM\22MYN1.SGM 22MYN1 23196 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices (AD) investigation.1 We invited interested parties to submit comments on the Preliminary Determination, but we received no comments. Further on, April 4, 2017, the Department also invited interested parties to submit comments regarding the scope of the investigation; 2 no interested parties submitted scope comments. Additionally, no interested party requested a hearing. Scope of the Investigation The scope of the investigation covers rebar from Japan. As noted above, the Department did not receive any scope comments and has not updated the scope of the investigation since the Preliminary Determination. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received As noted above, we received no comments since the publication of the Preliminary Determination. Changes Since the Preliminary Determination and Use of Adverse Facts Available As stated in the Preliminary Determination, we found that the mandatory respondents, Jonan Steel Corporation (Jonan) and Kyoei Steel Ltd. (Kyoei), did not cooperate to the best of their abilities to comply with the Department’s request for information. Accordingly, we determined it appropriate to apply facts otherwise available with adverse inferences in accordance with sections 776(a)–(b) of the Tariff Act of 1930, as amended (the Act). For the purposes of this final determination, the Department has made no changes to the Preliminary Determination. All-Others Rate As discussed in the Preliminary Determination, in accordance with section 735(c)(5)(B) of the Act, the Department based the selection of the ‘‘All-Others’’ rate on the simple average of the petition rates, resulting in an ‘‘All Others’’ rate of 206.43 percent. We have made no changes to the selection of this rate for this final determination. mstockstill on DSK30JT082PROD with NOTICES Final Determination The final weighted-average dumping margins are as follows: 1 See Steel Concrete Reinforcing Bar from Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 12796 (March 7, 2017) (Preliminary Determination). 2 See Memorandum to the File, ‘‘Scope Briefing Schedule for the Antidumping and Countervailing Duty Investigations of Steel Concrete Reinforcing Bar from Japan, the Republic of Turkey and Taiwan,’’ April 4, 2017. VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 Weightedaverage margin (percent) Exporter/producer Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative Jonan Steel Corporation ....... 209.46 protective order (APO) of their Kyoei Steel Ltd. .................... 209.46 responsibility concerning the All-Others .............................. 206.43 disposition of proprietary information disclosed under APO in accordance Disclosure with 19 CFR 351.305(a)(3). Timely notification of the return of destruction The weighted-average dumping of APO materials, or conversion to margin assigned to Jonan and Kyoei in judicial protective order, is hereby the Preliminary Determination was requested. Failure to comply with the based on adverse facts available. As we regulations and the terms of an APO is have made no changes to the margin since the Preliminary Determination, no a sanctionable violation. disclosure of calculations is necessary This determination is issued and for this final determination. published in accordance with sections 735(d) and 777(i)(1) of the Act. Continuation of Suspension of Liquidation Dated: May 15, 2017. In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of rebar from Japan, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after March 7, 2017, the date of publication of the Preliminary Determination. Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury by reason of imports of rebar from Japan no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an AD order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. PO 00000 Frm 00027 Fmt 4703 Sfmt 9990 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) 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. [FR Doc. 2017–10348 Filed 5–19–17; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23195-23196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10348]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-876]


Steel Concrete Reinforcing Bar From Japan: Final Affirmative 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of steel concrete reinforcing bar (rebar) from Japan are being, 
or are 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. The final dumping margins of sales at LTFV are listed below 
in the ``Final Determination'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-3870.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary 
Determination of this antidumping duty

[[Page 23196]]

(AD) investigation.\1\ We invited interested parties to submit comments 
on the Preliminary Determination, but we received no comments. Further 
on, April 4, 2017, the Department also invited interested parties to 
submit comments regarding the scope of the investigation; \2\ no 
interested parties submitted scope comments. Additionally, no 
interested party requested a hearing.
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar from Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
12796 (March 7, 2017) (Preliminary Determination).
    \2\ See Memorandum to the File, ``Scope Briefing Schedule for 
the Antidumping and Countervailing Duty Investigations of Steel 
Concrete Reinforcing Bar from Japan, the Republic of Turkey and 
Taiwan,'' April 4, 2017.
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers rebar from Japan. As noted 
above, the Department did not receive any scope comments and has not 
updated the scope of the investigation since the Preliminary 
Determination. For a complete description of the scope of this 
investigation, see Appendix I.

Analysis of Comments Received

    As noted above, we received no comments since the publication of 
the Preliminary Determination.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    As stated in the Preliminary Determination, we found that the 
mandatory respondents, Jonan Steel Corporation (Jonan) and Kyoei Steel 
Ltd. (Kyoei), did not cooperate to the best of their abilities to 
comply with the Department's request for information. Accordingly, we 
determined it appropriate to apply facts otherwise available with 
adverse inferences in accordance with sections 776(a)-(b) of the Tariff 
Act of 1930, as amended (the Act). For the purposes of this final 
determination, the Department has made no changes to the Preliminary 
Determination.

All-Others Rate

    As discussed in the Preliminary Determination, in accordance with 
section 735(c)(5)(B) of the Act, the Department based the selection of 
the ``All-Others'' rate on the simple average of the petition rates, 
resulting in an ``All Others'' rate of 206.43 percent. We have made no 
changes to the selection of this rate for this final determination.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         margin
                                                             (percent)
------------------------------------------------------------------------
Jonan Steel Corporation.................................          209.46
Kyoei Steel Ltd.........................................          209.46
All-Others..............................................          206.43
------------------------------------------------------------------------

Disclosure

    The weighted-average dumping margin assigned to Jonan and Kyoei in 
the Preliminary Determination was based on adverse facts available. As 
we have made no changes to the margin since the Preliminary 
Determination, no disclosure of calculations is necessary for this 
final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of rebar from Japan, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after March 7, 2017, 
the date of publication of the Preliminary Determination. Further, the 
Department will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury by reason of imports of rebar from 
Japan no later than 45 days after this final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all cash deposits will be 
refunded. If the ITC determines that such injury does exist, the 
Department will issue an AD order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return of destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 15, 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) 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.

[FR Doc. 2017-10348 Filed 5-19-17; 8:45 am]
BILLING CODE 3510-DS-P