Certain Carbon and Alloy Steel Wire Rod From the Russian Federation and the United Arab Emirates: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, and Affirmative Preliminary Determination of Critical Circumstances for Imports of Certain Carbon and Alloy Steel Wire Rod From the Russian Federation, 42794-42796 [2017-19289]
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42794
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
Appendix II—List of Companies for
Which We Are Rescinding This
Administrative Review 17
DEPARTMENT OF COMMERCE
1. Baoding Jiasheng Photovoltaic Technology
Co. Ltd.
2. Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy
Resources Co. Ltd.
4. BYD (Shangluo) Industrial Co., Ltd.
5. Canadian Solar, Inc.
6. Canadian Solar International, Ltd.
7. Canadian Solar Manufacturing (Changshu),
Inc.
8. Canadian Solar Manufacturing (Luoyang),
Inc.
9. Hainan Yingli New Energy Resources Co.,
Ltd.
10. Hengshui Yingli New Energy Resources
Co., Ltd.
11. Jinko Solar Co., Ltd.
12. Jinko Solar Import and Export Co., Ltd.
13. Lixian Yingli New Energy Resources Co.,
Ltd.
14. Shanghai BYD Co., Ltd.
15. Shenzhen Jiawei Photovoltaic Lighting
Co., Ltd.
16. Shenzhen Yingli New Energy Resources
Co., Ltd.
17. Tianjin Yingli New Energy Resources Co.,
Ltd.
18. Wuxi Suntech Power Co., Ltd.
19. Yingli Energy (China) Co., Ltd.
20. Yingli Green Energy Holding Company
Limited
21. Yingli Green Energy International
Trading Company Limited
22. Zhejiang Jinko Solar Co., Ltd.
[A–821–824, A–520–808]
International Trade Administration
Appendix III—List of Non-Selected
Companies Under Review
1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited
Certain Carbon and Alloy Steel Wire
Rod From the Russian Federation and
the United Arab Emirates: Affirmative
Preliminary Determinations of Sales at
Less Than Fair Value, and Affirmative
Preliminary Determination of Critical
Circumstances for Imports of Certain
Carbon and Alloy Steel Wire Rod From
the Russian Federation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that imports of carbon and
alloy steel wire rod (wire rod) from the
Russian Federation (Russia) and the
United Arab Emirates (the UAE) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of these
investigations (POI) is January 1, 2016,
through December 31, 2016. Abinsk
Electric Steel Works Ltd. (Abinsk) and
JSC NLMK-Ural (NLMK Ural) are the
mandatory respondents in the Russia
investigation. Emirates Steel Industries
PJSC (Emirates Steel) is the mandatory
respondent in the UAE investigation.
The estimated weighted average
dumping margins of sales at LTFV are
shown in the ‘‘Preliminary
Determinations’’ section of this notice.
Interested parties are invited to
comment on these preliminary
determinations.
AGENCY:
DATES:
Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar, 202–482–3857 (Russia),
or Carrie Bethea at 202–482–1491
(UAE), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–19292 Filed 9–11–17; 8:45 am]
BILLING CODE 3510–DS–P
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Background
The Department published the notice
of initiation of these investigations on
April 26, 2017.1 For a complete
description of the events that followed
the initiation of these investigations, see
the Preliminary Decision Memorandum
17 See Issues and Decision Memorandum at the
section, ‘‘Partial Rescission of Administrative
Review.’’
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19:18 Sep 11, 2017
Jkt 241001
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).
PO 00000
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dated concurrently with these
determinations and hereby adopted by
this notice.2 A list of topics included in
the Preliminary Decision Memorandum
is included as Appendix II to this
notice. The Preliminary Decision
Memorandum is public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigations
The products 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 (wire
rod). Interested parties filed comments
regarding the scope of the
investigations. On August 7, 2017, we
issued a Preliminary Scope Decision
Memorandum, which addressed these
comments and established a briefing
schedule for scope-related issues.3 As a
result of the analysis contained therein,
the scope language is unchanged from
that in the Initiation Notice.4 For a full
description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I.
Methodology
The Department is conducting these
investigations in accordance with
section 731 of the Tariff Act of 1930, as
amended (the Act). Pursuant to section
776(a) of the Act, the Department
preliminarily relied upon facts
otherwise available to assign an
estimated weighted-average dumping
margin to the mandatory respondents
from Russia, Abinsk and NLMK Ural,
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less Than
Fair Value Investigation of Carbon and Alloy Steel
Wire Rod from the Russian Federation and the
United Arab Emirates,’’ dated concurrently with
this notice (Preliminary Decision Memorandum).
3 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,’’ August 7, 2017
(Preliminary Scope Decision Memorandum).
4 Id. at 20.
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
and the mandatory respondent from the
UAE, Emirates Steel, because these
respondents did not timely respond to
the Department’s antidumping duty
questionnaire. See Preliminary Decision
Memorandum for a complete
explanation of the methodology and
analysis underlying our preliminary
application of adverse facts available.
pmangrum on DSK3GDR082PROD with NOTICES1
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
investigated, which shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
We cannot apply the methodology
described in section 735(c)(5)(A) of the
Act to calculate the ‘‘all-others’’ rate, as
the margins in these preliminary
determinations were both calculated
under section 776 of the Act. In cases
where no weighted-average dumping
margins other than zero, de minimis, or
those determined entirely under section
776 of the Act have been established for
individually examined entities, in
accordance with section 735(c)(5)(B) of
the Act, the Department averages the
margins calculated by the petitioners in
the petition and applies the result to
‘‘all-other’’ entities not individually
examined.5
With respect to Russia, in the
Petition,6 the petitioners calculated six
margins.7 Consistent with our practice,
we assigned as the ‘‘all-others’’ rate, the
simple average of the six dumping
margins provided in the Petition, which
is 436.76 percent.8 With respect to the
UAE, in the Petition,9 the petitioners
calculated only one margin. Therefore,
5 See Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2 (Sodium Nitrite from Germany Final
Determination).
6 See the Petitions for the Imposition of
Antidumping Duties on Carbon and Alloy Steel
Wire Rod from Belarus, Italy, the Republic of Korea,
the Russian Federation, the Republic of South
Africa, Spain, Turkey, Ukraine, United Arab
Emirates, and the United Kingdom, dated March 28,
2017 (the Petition).
7 Id.
8 Id.
9 Id.
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15:19 Sep 11, 2017
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42795
we assigned as the ‘‘all-others’’ rate the
only margin in the Petition, which is
84.10 percent.10
liquidation of all entries of wire rod
from Russia and the UAE, as described
in the ‘‘scope of the investigations’’
section entered, or withdrawn from
Affirmative Preliminary Determination
warehouse, for consumption on or after
of Critical Circumstances for Exporters
the date of publication of this notice in
and Producers of Wire Rod From
the Federal Register. At such time, we
Russia
will also instruct CBP, pursuant to
On July 6, 2017, the petitioners filed
section 733(d)(1)(B) of the Act and 19
a timely critical circumstances
CFR 351.205(d), to require a cash
allegation, pursuant to section 733(e)(1) deposit equal to the margins indicated
of the Act and 19 CFR 351.206, alleging
in the chart above.13
that critical circumstances exist with
In addition, section 773(e)(2) of the
respect to imports of wire rod from
Act provides that, given an affirmative
Russia.11 The Department preliminarily determination of critical circumstances,
determines that critical circumstances
any suspension of liquidation shall
exist with respect to imports of wire rod apply to unliquidated entries of subject
from Russia for Abinsk, NLMK Ural,
merchandise entered, or withdrawn
and all other exporters and producers.
from warehouse, for consumption on or
For a full description of the
after the later of (a) the date which is 90
methodology and results of the
days before the date on which the
Department’s analysis, see the
suspension of liquidation was first
Preliminary Decision Memorandum.12
ordered, or (b) the date on which notice
of initiation of the investigation was
Preliminary Determination
published. The Department
The Department preliminarily
preliminarily finds that critical
determines that the following weighted- circumstances exist for imports of
average dumping margins exist:
subject merchandise from Russia
produced by Abinsk, NLMK Ural, and
RUSSIA
all other exporters and producers not
individually examined. Therefore, in
Weightedaccordance with section 733(e)(2)(A) of
average
Exporter/producer
the Act, the suspension of liquidation
margin
(percent)
shall also apply to unliquidated entries
of merchandise from the Russian
Abinsk Electric Steel Works Ltd
756.93
exporters/producers identified in this
JSC NLMK-Ural ..........................
756.93
All-Others ....................................
436.80 paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
UAE
is 90 days before the publication of this
notice.
WeightedThe suspension of liquidation will
average
Exporter/producer
remain in effect until further notice.
margin
(percent)
Verification
Because the mandatory respondents
Emirates Steel Industries PJSC
84.10
All-Others ....................................
84.10 in these investigations did not provide
the information requested and the
Department preliminarily determines
Suspension of Liquidation
these respondents to have been
In accordance with section 733(d)(2)
uncooperative, the Department will not
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend conduct verifications.
Public Comment
10 See Certain Oil Country Tubular Goods From
Pursuant to the schedule established
Thailand: Preliminary Determination of Sales at
in the Preliminary Scope Decision
Less Than Fair Value, and Postponement of Final
Determination, 79 FR 10487 (February 25, 2014),
Memorandum, case briefs pertaining to
and accompanying Preliminary Decision
the Department’s preliminary scope
Memorandum, unchanged in Certain Oil Country
determinations may be submitted no
Tubular Goods From India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
later than September 6, 2017.14 Rebuttal
Republic of Vietnam: Antidumping Duty Orders;
scope briefs, limited to issues raised in
and Certain Oil Country Tubular Goods From the
the scope case briefs, may be submitted
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691 (September 10, 2014).
11 See Letter to the Secretary from Petitioners re:
Carbon and Alloy Steel Wire Rod from Russia,
South Africa, Spain, Turkey, and the United
Kingdom: Critical Circumstances Allegations, dated
July 6, 2017.
12 See Preliminary Decision Memorandum at 10.
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13 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
14 See Preliminary Scope Decision Memorandum
at 4.
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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
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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).
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]]>Agencies
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42794-42796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19289]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-824, A-520-808]
Certain Carbon and Alloy Steel Wire Rod From the Russian
Federation and the United Arab Emirates: Affirmative Preliminary
Determinations of Sales at Less Than Fair Value, and Affirmative
Preliminary Determination of Critical Circumstances for Imports of
Certain Carbon and Alloy Steel Wire Rod From the Russian Federation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that imports of carbon and alloy steel wire rod (wire rod)
from the Russian Federation (Russia) and the United Arab Emirates (the
UAE) are being, or are likely to be, sold in the United States at less
than fair value (LTFV). The period of these investigations (POI) is
January 1, 2016, through December 31, 2016. Abinsk Electric Steel Works
Ltd. (Abinsk) and JSC NLMK-Ural (NLMK Ural) are the mandatory
respondents in the Russia investigation. Emirates Steel Industries PJSC
(Emirates Steel) is the mandatory respondent in the UAE investigation.
The estimated weighted average dumping margins of sales at LTFV are
shown in the ``Preliminary Determinations'' section of this notice.
Interested parties are invited to comment on these preliminary
determinations.
DATES: Applicable September 12, 2017.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 202-482-3857 (Russia),
or Carrie Bethea at 202-482-1491 (UAE), AD/CVD Operations, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of these
investigations on April 26, 2017.\1\ For a complete description of the
events that followed the initiation of these investigations, see the
Preliminary Decision Memorandum dated concurrently with these
determinations and hereby adopted by this notice.\2\ A list of topics
included in the Preliminary Decision Memorandum is included as Appendix
II to this notice. The Preliminary Decision Memorandum is public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum 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 the Russian Federation and the United
Arab Emirates,'' dated concurrently with this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigations
The products 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 (wire rod). Interested parties filed comments regarding the
scope of the investigations. On August 7, 2017, we issued a Preliminary
Scope Decision Memorandum, which addressed these comments and
established a briefing schedule for scope-related issues.\3\ As a
result of the analysis contained therein, the scope language is
unchanged from that in the Initiation Notice.\4\ For a full description
of the scope of these investigations, see the ``Scope of the
Investigations,'' in Appendix I.
---------------------------------------------------------------------------
\3\ 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,'' August 7, 2017 (Preliminary
Scope Decision Memorandum).
\4\ Id. at 20.
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Methodology
The Department is conducting these investigations in accordance
with section 731 of the Tariff Act of 1930, as amended (the Act).
Pursuant to section 776(a) of the Act, the Department preliminarily
relied upon facts otherwise available to assign an estimated weighted-
average dumping margin to the mandatory respondents from Russia, Abinsk
and NLMK Ural,
[[Page 42795]]
and the mandatory respondent from the UAE, Emirates Steel, because
these respondents did not timely respond to the Department's
antidumping duty questionnaire. See Preliminary Decision Memorandum for
a complete explanation of the methodology and analysis underlying our
preliminary application of adverse facts available.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually investigated, which shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act. We cannot apply the methodology
described in section 735(c)(5)(A) of the Act to calculate the ``all-
others'' rate, as the margins in these preliminary determinations were
both calculated under section 776 of the Act. In cases where no
weighted-average dumping margins other than zero, de minimis, or those
determined entirely under section 776 of the Act have been established
for individually examined entities, in accordance with section
735(c)(5)(B) of the Act, the Department averages the margins calculated
by the petitioners in the petition and applies the result to ``all-
other'' entities not individually examined.\5\
---------------------------------------------------------------------------
\5\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2
(Sodium Nitrite from Germany Final Determination).
---------------------------------------------------------------------------
With respect to Russia, in the Petition,\6\ the petitioners
calculated six margins.\7\ Consistent with our practice, we assigned as
the ``all-others'' rate, the simple average of the six dumping margins
provided in the Petition, which is 436.76 percent.\8\ With respect to
the UAE, in the Petition,\9\ the petitioners calculated only one
margin. Therefore, we assigned as the ``all-others'' rate the only
margin in the Petition, which is 84.10 percent.\10\
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\6\ See the Petitions for the Imposition of Antidumping Duties
on Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic
of Korea, the Russian Federation, the Republic of South Africa,
Spain, Turkey, Ukraine, United Arab Emirates, and the United
Kingdom, dated March 28, 2017 (the Petition).
\7\ Id.
\8\ Id.
\9\ Id.
\10\ See Certain Oil Country Tubular Goods From Thailand:
Preliminary Determination of Sales at Less Than Fair Value, and
Postponement of Final Determination, 79 FR 10487 (February 25,
2014), and accompanying Preliminary Decision Memorandum, unchanged
in Certain Oil Country Tubular Goods From India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular
Goods From the Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79 FR 53691
(September 10, 2014).
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Affirmative Preliminary Determination of Critical Circumstances for
Exporters and Producers of Wire Rod From Russia
On July 6, 2017, the petitioners filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206, alleging that critical circumstances exist with respect
to imports of wire rod from Russia.\11\ The Department preliminarily
determines that critical circumstances exist with respect to imports of
wire rod from Russia for Abinsk, NLMK Ural, and all other exporters and
producers. For a full description of the methodology and results of the
Department's analysis, see the Preliminary Decision Memorandum.\12\
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\11\ See Letter to the Secretary from Petitioners re: Carbon and
Alloy Steel Wire Rod from Russia, South Africa, Spain, Turkey, and
the United Kingdom: Critical Circumstances Allegations, dated July
6, 2017.
\12\ See Preliminary Decision Memorandum at 10.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
Russia
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Abinsk Electric Steel Works Ltd............................. 756.93
JSC NLMK-Ural............................................... 756.93
All-Others.................................................. 436.80
------------------------------------------------------------------------
UAE
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Emirates Steel Industries PJSC.............................. 84.10
All-Others.................................................. 84.10
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of wire rod from Russia and the UAE, as described in the
``scope of the investigations'' section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. At such time, we will also instruct
CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
to require a cash deposit equal to the margins indicated in the chart
above.\13\
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\13\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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In addition, section 773(e)(2) of the Act provides that, given an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject 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 imports of
subject merchandise from Russia produced by Abinsk, NLMK Ural, and all
other exporters and producers not individually examined. Therefore, in
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall also apply to unliquidated entries of merchandise
from the Russian 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.
The suspension of liquidation will remain in effect until further
notice.
Verification
Because the mandatory respondents in these investigations did not
provide the information requested and the Department preliminarily
determines these respondents to have been uncooperative, the Department
will not conduct verifications.
Public Comment
Pursuant to the schedule established in the Preliminary Scope
Decision Memorandum, case briefs pertaining to the Department's
preliminary scope determinations may be submitted no later than
September 6, 2017.\14\ Rebuttal scope briefs, limited to issues raised
in the scope case briefs, may be submitted
[[Page 42796]]
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\
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\14\ See Preliminary Scope Decision Memorandum at 4.
\15\ Id.
\16\ Id.
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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.
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\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).
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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. 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.
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\19\ See 19 CFR 351.310(c).
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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 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
VIII. Conclusion
[FR Doc. 2017-19289 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P
