Carbon and Alloy Steel Wire Rod From Belarus: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 42796-42798 [2017-19286]
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42796
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
pmangrum on DSK3GDR082PROD with NOTICES1
no later than September 13, 2017.15 For
all scope issues, parties must file
separate but identical submissions on
the records of all of the ongoing
antidumping and countervailing duty
wire rod investigations.16
Case briefs or other written comments
pertaining to these preliminary
determinations for Russia and UAE may
be submitted to the Assistant Secretary
for Enforcement and Compliance no
later than 30 days after the date of
publication of these preliminary
determinations.17 Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.18
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in these proceedings 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. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.19 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, 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.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we are notifying the U.S.
International Trade Commission (ITC) of
our affirmative preliminary
determination of sales at LTFV. If our
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
15 Id.
16 Id.
17 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303.
18 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
19 See 19 CFR 351.310(c).
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15:19 Sep 11, 2017
Jkt 241001
preliminary determination or 45 days
after our final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
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: September 5, 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
Investigations
The merchandise covered by these
investigations 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 one or 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, 213.91.3015, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigations
VI. Application of Facts Available and Use of
Adverse Inference
VII. Affirmative Preliminary Determination of
Critical Circumstances for Exporters and
Producers of Wire Rod From Russia
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VIII. Conclusion
[FR Doc. 2017–19289 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–822–806]
Carbon and Alloy Steel Wire Rod From
Belarus: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that carbon and alloy steel
wire rod (wire rod) from Belarus is
being, or likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2016, through December 31, 2016.
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Blaine Wiltse, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2972 or (202) 482–6345,
respectively.
AGENCY:
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 April 26, 2017.1 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
1 See Carbon and Alloy Steel Wire Rod from
Belarus, Italy, the Republic of Korea, the Russian
Federation, South Africa, Spain, the Republic of
Turkey, Ukraine, United Arab Emirates, and United
Kingdom: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 19207 (April 26, 2017)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Steel
Wire Rod from Belarus,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\12SEN1.SGM
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
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
The product covered by this
investigation is steel wire rod from
Belarus. 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 (scope).4 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.5
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Byelorussian Steel
Works (BSW), the only mandatory
respondent in this investigation and
part of the Belarus-wide entity, failed to
respond to sections C and D of the
Department’s antidumping duty
questionnaire. Thus, the Department
relied on the facts otherwise available
on the record.6 Additionally, because
we find that the Belarus-wide entity did
not act to the best of its ability to
respond to the Department’s request for
information, we drew an adverse
inference in selecting from among the
facts otherwise available on the record.7
For further information, see ‘‘Use of
pmangrum on DSK3GDR082PROD with NOTICES1
3 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 82 FR at 19207–08.
5 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).
6 See section 776(a) of the Act.
7 See section 776(b) of the Act.
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19:18 Sep 11, 2017
Jkt 241001
Facts Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,8 the
Department stated that it would
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate in
this investigation. Policy Bulletin 05.1
describes this practice.9 In this
preliminary determination, because no
respondent qualified for a separate rate,
we did not calculate producer/exporter
combination rates.
Preliminary Determination
The Department preliminarily
determines that the following estimated
dumping margin exists:
Estimated
dumping
margin
(percent)
Exporter
BELARUS–WIDE ENTITY 10 ......
280.02
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 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, as discussed below. 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 weighted
average amount by which normal value
exceeds U.S. price.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of its public announcement or, if
8 See
Initiation Notice, 82 FR at 19212.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
10 As detailed in the Preliminary Decision
Memorandum, BSW, the sole mandatory
respondent in this investigation, did not
demonstrate that it was entitled to a separate rate.
Accordingly, we consider this company to be part
of the Belarus-wide entity.
9 See
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42797
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). However,
because the Department preliminarily
applied adverse facts available (AFA) to
the Belarus-wide entity in this
investigation in accordance with section
776 of the Act, and the applied AFA rate
is based solely on information derived
from the petition, there are no
preliminary calculations to disclose.
Verification
Because the mandatory respondent in
this investigation, BSW, did not provide
information requested by the
Department, and the Department
preliminarily determines that BSW has
been uncooperative, we will not
conduct verification under section
782(i)(1) of the Act.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.11 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.
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\12SEN1.SGM
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42798
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that the
Department will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, the Department will make
its final determination no later than 75
days after the signature date of this
preliminary determination, unless
extended.
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 of sales at
LTFV. 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 imports of the subject
merchandise 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: September 5, 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.
pmangrum on DSK3GDR082PROD with NOTICES1
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 one or 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,
VerDate Sep<11>2014
15:19 Sep 11, 2017
Jkt 241001
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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Non-Market Economy (NME) Country
B. Separate Rates
C. Companies Not Receiving a Separate
Rate
D. The Belarus-Wide Entity
VI. Application of Facts Available and
Adverse Inferences
VII. Conclusion
[FR Doc. 2017–19286 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF632
South Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of rescheduled
meeting of the South Atlantic Fishery
Management Council.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold meetings of the: Advisory Panel
Selection Committee (Closed); Habitat
Protection and Ecosystem-Based
Management Committee; Southeast
Data, Assessment and Review (SEDAR)
Committee; Snapper Grouper
Committee; Personnel Committee
(Closed); Mackerel Cobia Committee;
and Executive Finance Committee.
There will also be meetings of the full
Council. The Council will also hold two
formal public comment sessions and
take action as necessary.
The meeting was originally scheduled
for September 11–15, 2017, but has been
postponed due to the threat of
Hurricane Irma.
DATES: The Council meeting has been
rescheduled for September 25–29, 2017.
The meeting will be held from 9 a.m. on
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Monday, September 25, 2017 until 1
p.m. on Friday, September 29, 2017.
ADDRESSES:
Meeting address: The meeting will be
held at the Town & Country Inn, 2008
Savannah Highway, Charleston, SC
29407; phone: (843) 571–1000; fax: (843)
766–9444.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
Meeting information is available from
the Council’s Web site at: https://
safmc.net/meetings/council-meetings/.
SUPPLEMENTARY INFORMATION: The
original notice published in the Federal
Register on August 25, 2017 (82 FR
40564).
Public comment: Written comments
may be directed to Gregg Waugh,
Executive Director, South Atlantic
Fishery Management Council (see
Council address) or electronically via
the Council’s Web site at https://
safmc.net/safmc-meetings/councilmeetings/. The public comment form is
open for use when the briefing book is
posted to the Web site on the Friday,
two weeks prior to the regularly
scheduled Council meeting (8/25/17).
Comments received by close of business
the Monday before the rescheduled
meeting (9/18/17) will be compiled,
posted to the Web site as part of the
meeting materials, and included in the
administrative record; please use the
Council’s online form available from the
Web site. For written comments
received after the Monday before the
meeting (after 9/18/17), individuals
submitting a comment must use the
Council’s online form available from the
Web site. Comments will automatically
be posted to the Web site and available
for Council consideration. Comments
received prior to noon on Thursday,
September 28, 2017 will be a part of the
meeting administrative record.
The items of discussion in the
individual meeting agendas are as
follows:
Full Council Session, Monday,
September 25, 2017, 9 a.m. Until 5 p.m.
1. The Council will hold a special
session to address management
measures proposed for red snapper
following introductions and approval of
the June 2017 Council meeting minutes.
The Council will receive presentations
on new red snapper data for
consideration and discuss options for
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42796-42798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19286]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-822-806]
Carbon and Alloy Steel Wire Rod From Belarus: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that carbon and alloy steel wire rod (wire rod) from Belarus
is being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is July 1, 2016,
through December 31, 2016.
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Blaine Wiltse, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-6345,
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 April 26,
2017.\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
[[Page 42797]]
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 Carbon and Alloy Steel Wire Rod from Belarus, Italy, the
Republic of Korea, the Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, United Arab Emirates, and United
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR
19207 (April 26, 2017) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Steel Wire Rod from Belarus,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is steel wire rod from
Belarus. 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 (scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 82 FR at 19207-08.
\5\ 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 731 of the Act. Byelorussian Steel Works (BSW), the only
mandatory respondent in this investigation and part of the Belarus-wide
entity, failed to respond to sections C and D of the Department's
antidumping duty questionnaire. Thus, the Department relied on the
facts otherwise available on the record.\6\ Additionally, because we
find that the Belarus-wide entity did not act to the best of its
ability to respond to the Department's request for information, we drew
an adverse inference in selecting from among the facts otherwise
available on the record.\7\ For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See section 776(a) of the Act.
\7\ See section 776(b) of the Act.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\8\ the Department stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\ In this preliminary determination,
because no respondent qualified for a separate rate, we did not
calculate producer/exporter combination rates.
---------------------------------------------------------------------------
\8\ See Initiation Notice, 82 FR at 19212.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated dumping margin exists:
------------------------------------------------------------------------
Estimated
dumping
Exporter margin
(percent)
------------------------------------------------------------------------
BELARUS-WIDE ENTITY \10\.................................... 280.02
------------------------------------------------------------------------
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 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, as discussed below. 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 weighted average
amount by which normal value exceeds U.S. price.
---------------------------------------------------------------------------
\10\ As detailed in the Preliminary Decision Memorandum, BSW,
the sole mandatory respondent in this investigation, did not
demonstrate that it was entitled to a separate rate. Accordingly, we
consider this company to be part of the Belarus-wide entity.
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These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of its 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). However, because the
Department preliminarily applied adverse facts available (AFA) to the
Belarus-wide entity in this investigation in accordance with section
776 of the Act, and the applied AFA rate is based solely on information
derived from the petition, there are no preliminary calculations to
disclose.
Verification
Because the mandatory respondent in this investigation, BSW, did
not provide information requested by the Department, and the Department
preliminarily determines that BSW has been uncooperative, we will not
conduct verification under section 782(i)(1) of the Act.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\11\ 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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\11\ 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.
[[Page 42798]]
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
the Department will issue the final determination within 75 days after
the date of its preliminary determination. Accordingly, the Department
will make its final determination no later than 75 days after the
signature date of this preliminary determination, unless extended.
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 of sales at LTFV. 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 imports of the subject merchandise 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: September 5, 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 one
or 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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Non-Market Economy (NME) Country
B. Separate Rates
C. Companies Not Receiving a Separate Rate
D. The Belarus-Wide Entity
VI. Application of Facts Available and Adverse Inferences
VII. Conclusion
[FR Doc. 2017-19286 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P
