Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, in Part, 41929-41931 [2017-18640]
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41929
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices
PROPOSED FISCAL YEAR 2019 ANNUAL MATERIALS PLAN—Continued
Material
Unit
Quantity
Footnote
Electrolytic Manganese Metal ............................................................................................................
Europium ............................................................................................................................................
Ferro-niobium .....................................................................................................................................
Lithium Ion Precursors .......................................................................................................................
Rare Earths Elements .......................................................................................................................
Rare Earth Magnet Feedstock ..........................................................................................................
Rayon .................................................................................................................................................
Silicon Carbide Fibers .......................................................................................................................
TATB (Triamino-Trinitrobenzene) ......................................................................................................
Tantalum ............................................................................................................................................
Tin ......................................................................................................................................................
Tungsten Rhenium Metal ..................................................................................................................
Yttrium Oxide .....................................................................................................................................
Potential Conversions (Upgrade, rotation, reprocessing, etc.):
Beryllium Metal ..................................................................................................................................
CZT (Cadmium Zinc Tellurium substrates) .......................................................................................
High Modulus High Strength Carbon Fibers .....................................................................................
Dysprosium ........................................................................................................................................
Europium ............................................................................................................................................
Germanium Scrap ..............................................................................................................................
Iridium Catalyst ..................................................................................................................................
Rare Earths Elements .......................................................................................................................
Silicon Carbide Fibers .......................................................................................................................
Tin ......................................................................................................................................................
Potential Recovery from Government Sources:
Bearing Steel .....................................................................................................................................
E-Waste .............................................................................................................................................
Gadolinium Oxide ..............................................................................................................................
Germanium (Scrap) ...........................................................................................................................
Iridium Catalyst (Scrap) .....................................................................................................................
Lithium Ion Precursors .......................................................................................................................
Magnesium Metal ..............................................................................................................................
Nickel Based Alloys ...........................................................................................................................
Rare Earth Elements—Magnets ........................................................................................................
Rhenium Metal ...................................................................................................................................
Permanent Magnet Alloys .................................................................................................................
Tantalum ............................................................................................................................................
Titanium Based Alloys (Scrap) ..........................................................................................................
Yttrium Aluminum Garnet Rods (Scrap) ............................................................................................
Zirconia Oxide ....................................................................................................................................
MT
MT
MT
kg
MT
MT
MT
Lbs
LB
Lb Ta
MT
kg
MT
3,000
35
209
19,000
416
100
600
875
48,000
33,990
40
5,000
10
........................
........................
........................
........................
(3)
(3)
........................
........................
........................
........................
........................
........................
........................
ST
cm2
MT
MT
MT
kg
Lbs
MT
Lbs
MT
5
32,000
72
0.5
35
5,000
50
416
875
804
........................
........................
........................
........................
........................
........................
........................
(3)
........................
........................
MT
MT
MT
kg
Lbs
MT
MT
Lbs
MT
kg
kg
MT
Lbs
kg
MT
50
50
4
5,000
50
25
10
150,000
100
500
500
10
75,000
250
4
........................
(2)
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
Footnote Key:
1 Actual quantity will be limited to remaining inventory.
2 Strategic and Critical Materials collected from E-Waste.
3 Excludes acquisition of yttrium, dysprosium and europium as these rare earths were requested under separate legislation.
[FR Doc. 2017–18664 Filed 9–1–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–832]
mstockstill on DSK30JT082PROD with NOTICES
Carbon and Alloy Steel Wire Rod From
the Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination and Preliminary
Affirmative Critical Circumstances
Determination, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
AGENCY:
VerDate Sep<11>2014
17:43 Sep 01, 2017
Jkt 241001
producers and exporters of carbon and
alloy steel wire rod (wire rod) from the
Republic of Turkey (Turkey). The period
of investigation is January 1, 2016,
through December 31, 2016.
DATES: Applicable September 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3813 or (202) 482–7438,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
notice of initiation of this investigation
on April 26, 2017.1 On June 5, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now August 25,
2017.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
1 See Carbon and Alloy Steel Wire Rod from Italy
and Turkey: Initiation of Countervailing Duty
Investigations, 82 FR 19213 (April 26, 2017)
(Initiation Notice).
2 See Carbon and Alloy Steel Wire Rod from Italy
and the Republic of Turkey: Postponement of
Preliminary Determinations of Countervailing Duty
Investigations, 82 FR 25771 (June 5, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Carbon and
Alloy Steel Wire Rod from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\05SEN1.SGM
05SEN1
41930
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices
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 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 at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is wire rod from Turkey.
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,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e. , scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice as well as
additional language proposed by the
Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
scope in Appendix I.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e. , a financial
contribution by an ‘‘authority’’ that
mstockstill on DSK30JT082PROD with NOTICES
4 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 82 FR at 19214.
6 See Memorandum, ‘‘Carbon and Alloy Steel
Wire Rod from Belarus, Italy, the Republic of Korea,
the Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated August 7, 2017
(Preliminary Scope Decision Memorandum).
VerDate Sep<11>2014
17:43 Sep 01, 2017
Jkt 241001
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
The Department notes that, in making
these findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, the Department preliminarily
determines that critical circumstances
exist with respect to imports of wire rod
for all other exporters or producers not
individually examined. For a full
description of the methodology and
results of the Department’s analysis, see
the Preliminary Decision Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, the only rate that is
not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Habas Sinai Ve Tibbi
Gazlar Istih (Habas). Consequently, the
rate calculated for Habas is also
assigned as the rate for all-other
producers and exporters.
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Company
Subsidy rate
Habas Sinai Ve Tibbi Gazlar
Istih.
Icdas Celik Eberji Tersane
Ve Ulasim San (Icdas).
All-Others .............................
2.27 percent.
de minimis.
2.27 percent.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
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Frm 00022
Fmt 4703
Sfmt 4703
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (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 the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above. Because the
subsidy rate for Icdas is de minimis, the
Department is directing CBP not to
suspend liquidation of entries of the
merchandise from this company.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. The
Department preliminarily finds that
critical circumstances exist for ‘‘all
other’’ exporters or producers of subject
merchandise. In accordance with
section 703(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of merchandise
from the exporters/producers identified
in this paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date 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
E:\FR\FM\05SEN1.SGM
05SEN1
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.9
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.
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.
diameter. Specifically excluded are steel
products possessing the above-noted physical
characteristics and meeting the Harmonized
Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball bearing
steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel
(also known as free machining steel)
products (i.e. , products that contain by
weight oneor more of the following elements:
0.1 percent or more of lead, 0.05 percent or
more of bismuth, 0.08 percent or more of
sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of
tellurium). All products meeting the physical
description of subject merchandise that are
not specifically excluded are included in this
scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093, 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS also may be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this proceeding is dispositive.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its 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.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Preliminary Determination of Critical
Circumstances
VIII. Subsidies Valuation
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
[FR Doc. 2017–18640 Filed 9–1–17; 8:45 am]
Dated: August 25, 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.
mstockstill on DSK30JT082PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation are certain hot-rolled products
of carbon steel and alloy steel, in coils, of
approximately round cross section, less than
19.00 mm in actual solid cross-sectional
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:43 Sep 01, 2017
Jkt 241001
Appendix II
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–837]
Carbon and Alloy Steel Wire Rod From
Italy: Preliminary Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
AGENCY:
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Frm 00023
Fmt 4703
Sfmt 4703
41931
subsidies are being provided to
producers and exporters of carbon and
alloy steel wire rod (wire rod) from
Italy. The period of investigation is
January 1, 2016, through December 31,
2016.
DATES: Applicable September 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or John Corrigan, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3813 or (202) 482–7438,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 26, 2017.1 On June 5, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now August 25,
2017.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed 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 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 at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is wire rod from Italy. For
1 See Carbon and Alloy Steel Wire Rod from Italy
and Turkey: Initiation of Countervailing Duty
Investigations, 82 FR 19213 (April 26, 2017)
(Initiation Notice).
2 See Carbon and Alloy Steel Wire Rod from Italy
and the Republic of Turkey: Postponement of
Preliminary Determinations of Countervailing Duty
Investigations, 82 FR 25771 (June 5, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Carbon and
Alloy Steel Wire Rod from Italy,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\05SEN1.SGM
05SEN1
Agencies
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41929-41931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18640]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-832]
Carbon and Alloy Steel Wire Rod From the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination and
Preliminary Affirmative Critical Circumstances Determination, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of carbon and alloy steel wire rod (wire rod)
from the Republic of Turkey (Turkey). The period of investigation is
January 1, 2016, through December 31, 2016.
DATES: Applicable September 5, 2017.
FOR FURTHER INFORMATION CONTACT: Justin Neuman or Omar Qureshi, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3813 or (202) 482-7438,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 26,
2017.\1\ On June 5, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
August 25, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision
[[Page 41930]]
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 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 at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Italy and Turkey:
Initiation of Countervailing Duty Investigations, 82 FR 19213 (April
26, 2017) (Initiation Notice).
\2\ See Carbon and Alloy Steel Wire Rod from Italy and the
Republic of Turkey: Postponement of Preliminary Determinations of
Countervailing Duty Investigations, 82 FR 25771 (June 5, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Carbon and
Alloy Steel Wire Rod from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is wire rod from Turkey.
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,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e. , scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice as well as additional language
proposed by the Department. For a summary of the product coverage
comments and rebuttal responses submitted to the record for this
preliminary determination, and accompanying discussion and analysis of
all comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ The Department is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See scope in Appendix
I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 82 FR at 19214.
\6\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from
Belarus, Italy, the Republic of Korea, the Russian Federation, South
Africa, Spain, the Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Scope Comments Decision Memorandum
for the Preliminary Determinations,'' dated August 7, 2017
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e. , a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Department notes that, in making these findings, it relied, in
part, on facts available and, because it finds that one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, it drew an adverse inference
where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, the Department
preliminarily determines that critical circumstances exist with respect
to imports of wire rod for all other exporters or producers not
individually examined. For a full description of the methodology and
results of the Department's analysis, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act. In this investigation, the only rate that
is not zero, de minimis or based entirely on facts otherwise available
is the rate calculated for Habas Sinai Ve Tibbi Gazlar Istih (Habas).
Consequently, the rate calculated for Habas is also assigned as the
rate for all-other producers and exporters.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Habas Sinai Ve Tibbi Gazlar Istih....... 2.27 percent.
Icdas Celik Eberji Tersane Ve Ulasim San de minimis.
(Icdas).
All-Others.............................. 2.27 percent.
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (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
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above. Because the subsidy rate for Icdas is de
minimis, the Department is directing CBP not to suspend liquidation of
entries of the merchandise from this company.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. The Department
preliminarily finds that critical circumstances exist for ``all other''
exporters or producers of subject merchandise. In accordance with
section 703(e)(2)(A) of the Act, the suspension of liquidation shall
apply to unliquidated entries of merchandise from the exporters/
producers identified in this paragraph that were entered, or withdrawn
from warehouse, for consumption on or after the date which is 90 days
before the publication of this notice.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date 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
[[Page 41931]]
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\9\ 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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\9\ 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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its 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.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 25, 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
Scope of the Investigation
The merchandise covered by this investigation are certain hot-
rolled products of carbon steel and alloy steel, in coils, of
approximately round cross section, less than 19.00 mm in actual
solid cross-sectional diameter. Specifically excluded are steel
products possessing the above-noted physical characteristics and
meeting the Harmonized Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool steel; (c) high-nickel
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel (also known as free
machining steel) products (i.e. , products that contain by weight
oneor more of the following elements: 0.1 percent or more of lead,
0.05 percent or more of bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of tellurium). All products
meeting the physical description of subject merchandise that are not
specifically excluded are included in this scope.
The products under investigation are currently classifiable
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093, 7213.91.4500, 7213.91.6000, 7213.99.0030,
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020,
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be
included in this scope if they meet the physical description of
subject merchandise above. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this proceeding is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Preliminary Determination of Critical Circumstances
VIII. Subsidies Valuation
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017-18640 Filed 9-1-17; 8:45 am]
BILLING CODE 3510-DS-P