Carbon and Alloy Steel Wire Rod From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 50381-50383 [2017-23645]
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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, unless the Secretary alters
the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.8
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.
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
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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17:37 Oct 30, 2017
Jkt 244001
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 19, 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 product covered by this investigation
is biodiesel, which is a fuel comprised of
mono-alkyl esters of long chain fatty acids
derived from vegetable oils or animal fats,
including biologically based waste oils or
greases, and other biologically-based oil or fat
sources. The investigation covers biodiesel in
pure form (B100) as well as fuel mixtures
containing at least 99 percent biodiesel by
volume (B99). For fuel mixtures containing
less than 99 percent biodiesel by volume,
only the biodiesel component of the mixture
is covered by the scope of the investigation.
Biodiesel is generally produced to
American Society for Testing and Materials
International (ASTM) D6751 specifications,
but it can also be made to other
specifications. Biodiesel commonly has one
of the following Chemical Abstracts Service
(CAS) numbers, generally depending upon
the feedstock used: 67784–80–9 (soybean oil
methyl esters); 91051–34–2 (palm oil methyl
esters); 91051–32–0 (palm kernel oil methyl
esters); 73891–99–3 (rapeseed oil methyl
esters); 61788–61–2 (tallow methyl esters);
68990–52–3 (vegetable oil methyl esters);
129828–16–6 (canola oil methyl esters);
67762–26–9 (unsaturated alkylcarboxylic
acid methyl ester); or 68937–84–8 (fatty
acids, C12–C18, methyl ester).
The B100 product subject to the
investigation is currently classifiable under
subheading 3826.00.1000 of the Harmonized
Tariff Schedule of the United States
(HTSUS), while the B99 product is currently
classifiable under HTSUS subheading
3826.00.3000. Although the HTSUS
subheadings, ASTM specifications, and CAS
numbers are provided for convenience and
customs purposes, the written description of
the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
50381
II. Background
III. Period of Investigation
IV. Use of Facts Available and Adverse Facts
Available
A. Legal Authority
B. Application of Facts Available to Musim
Mas
C. Use of Adverse Inferences
D. Selection and Corroboration of AFA
Rate
V. Affiliation and Collapsing
A. Wilmar
VI. Discussion of the Methodology
A. Comparisions to Fair Value
VII. Product Comparisons
VIII. Date of Sale
IX. Export Price and Constructed Price
X. Normal Value
A. Home Market Viability
XI. Particular Market Situation
A. Background
B. Interested Parties’ Arguments
C. Analysis
XII. Calculation of Normal Value Based on
Constructed Value
XIII. Circumstance of Sale
XIV. Adjustment to Cash Deposit Rate for
Export Subsidies
XV. Currency Conversion
XVI. Conclusion
[FR Doc. 2017–23602 Filed 10–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–836]
Carbon and Alloy Steel Wire Rod From
Italy: 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 Italy is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2016, through December 31, 2016.
DATES: Applicable October 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Mark Flessner, 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) 482–5075 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
E:\FR\FM\31OCN1.SGM
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50382
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
(the Act). The Department published the
notice of initiation of this investigation
on April 20, 2017.1 On August 21, 2017,
the Department postponed the
preliminary determination of this
investigation, and the revised deadline
is now October 24, 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
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are wire rod from the Italy.
For a complete description of the scope
of this investigation, see Appendix I.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 (scope).5 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
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 20, 2017)
(Initiation Notice).
2 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, the Republic of South Africa,
Spain, the Republic of Turkey, Ukraine and the
United Kingdom: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 82 FR 39564 (August 21, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Wire
from Italy’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice at 19207–08.
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Since the issuance of
the Preliminary Scope Decision
Memorandum, certain parties submitted
scope case briefs or scope rebuttal
briefs.7 The Department will issue a
final scope decision on the records of
the wire rod investigations after
considering those comments submitted
in scope case and rebuttal briefs.
Affiliation and Collapsing
In accordance with section 771(33)(F)
of the Act, 19 CFR 351.401(f), and the
Department’s practice,8 we are treating
Ferriere Nord S.p.A. (Ferriere Nord) and
Acciaierie di Verona S.p.A. (AdV) as a
single entity for the purposes of this
preliminary determination.9
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act.
Furthermore, pursuant to section 776(a)
and (b) of the Act, the Department has
preliminarily relied upon facts
otherwise available with adverse
inferences to assign a margin for
Ferriera Valsider S.p.A. (Ferriera
Valsider). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
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
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).
7 See Preliminary Decision Memorandum.
8 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Coated Free Sheet Paper
from Indonesia, 72 FR 60636 (October 25, 2007),
and accompanying Issues and Decision
Memorandum; Certain Coated Paper Suitable for
High-Quality Print Graphics Using Sheet-Fed
Presses from Indonesia: Final Determination of
Sales at Less Than Fair Value, 75 FR 59223
(September 27, 2010), and accompanying Issues and
Decision Memorandum.
9 For further discussion of this issue, see
Memorandum entitled, ‘‘Certain Carbon and Alloy
Steel Wire Rod from Italy: Ferriere Nord S.p.A. and
Acciaierie di Verona S.p.A. Affiliation and
Collapsing Memorandum’’ (Ferriere Nord and AdV
Prelim Affiliation and Collapsing Memo), dated
concurrently with this preliminary determination.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department
preliminarily calculated a rate that is
not zero, de minimis or based entirely
on facts otherwise available for Ferriere
Nord. Because this is the only such rate,
the rate calculated for Ferriere Nord is
also assigned as the rate for all-other
producers and exporters. Additionally,
for the reasons discussed in the
Preliminary Decision Memorandum, we
are applying this rate to Ferriera
Valsider as facts available with an
adverse inference.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Exporter/producer
Ferriere Nord S.p.A./
Acciaierie di Verona S.p.A
Ferriera Valsider S.p.A .........
All-Others ..............................
Estimated
weightedaverage
dumping
margin
(percent)
22.06
22.06
22.06
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, the Department will direct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries
of subject merchandise, as described in
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
E:\FR\FM\31OCN1.SGM
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
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.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that the
Department will issue the final
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
50383
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.
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these proceedings is dispositive.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affiliation and Collapsing
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XI. Application of Facts Available and Use of
Adverse Inference
XII. Currency Conversion
XIII. Conclusion
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: October 24, 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
Frm 00013
[FR Doc. 2017–23645 Filed 10–30–17; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Investigation
The products 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 of 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 may also be
included in this scope if they meet the
PO 00000
Appendix II
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–823]
Carbon and Alloy Steel Wire Rod From
the Republic of South Africa:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances, and
Preliminary Determination of No
Shipments
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 the Republic of
South Africa (South Africa) is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2016, through December 31, 2016.
DATES: Applicable October 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Moses Song or John McGowan, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
AGENCY:
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]]>Agencies
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50381-50383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23645]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-836]
Carbon and Alloy Steel Wire Rod From Italy: 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 Italy
is being, or is likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is January 1,
2016, through December 31, 2016.
DATES: Applicable October 31, 2017.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Mark Flessner, 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) 482-5075 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended
[[Page 50382]]
(the Act). The Department published the notice of initiation of this
investigation on April 20, 2017.\1\ On August 21, 2017, the Department
postponed the preliminary determination of this investigation, and the
revised deadline is now October 24, 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 included in
the Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See 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 20, 2017) (Initiation Notice).
\2\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, the Republic of South Africa, Spain, the Republic of
Turkey, Ukraine and the United Kingdom: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 82 FR
39564 (August 21, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Wire from Italy'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are wire rod from the
Italy. 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 (scope).\5\ 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.\6\ Since the
issuance of the Preliminary Scope Decision Memorandum, certain parties
submitted scope case briefs or scope rebuttal briefs.\7\ The Department
will issue a final scope decision on the records of the wire rod
investigations after considering those comments submitted in scope case
and rebuttal briefs.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice at 19207-08.
\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).
\7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Affiliation and Collapsing
In accordance with section 771(33)(F) of the Act, 19 CFR
351.401(f), and the Department's practice,\8\ we are treating Ferriere
Nord S.p.A. (Ferriere Nord) and Acciaierie di Verona S.p.A. (AdV) as a
single entity for the purposes of this preliminary determination.\9\
---------------------------------------------------------------------------
\8\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from Indonesia, 72 FR 60636
(October 25, 2007), and accompanying Issues and Decision Memorandum;
Certain Coated Paper Suitable for High-Quality Print Graphics Using
Sheet-Fed Presses from Indonesia: Final Determination of Sales at
Less Than Fair Value, 75 FR 59223 (September 27, 2010), and
accompanying Issues and Decision Memorandum.
\9\ For further discussion of this issue, see Memorandum
entitled, ``Certain Carbon and Alloy Steel Wire Rod from Italy:
Ferriere Nord S.p.A. and Acciaierie di Verona S.p.A. Affiliation and
Collapsing Memorandum'' (Ferriere Nord and AdV Prelim Affiliation
and Collapsing Memo), dated concurrently with this preliminary
determination.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. Furthermore,
pursuant to section 776(a) and (b) of the Act, the Department has
preliminarily relied upon facts otherwise available with adverse
inferences to assign a margin for Ferriera Valsider S.p.A. (Ferriera
Valsider). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
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 examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department preliminarily calculated a
rate that is not zero, de minimis or based entirely on facts otherwise
available for Ferriere Nord. Because this is the only such rate, the
rate calculated for Ferriere Nord is also assigned as the rate for all-
other producers and exporters. Additionally, for the reasons discussed
in the Preliminary Decision Memorandum, we are applying this rate to
Ferriera Valsider as facts available with an adverse inference.
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ferriere Nord S.p.A./Acciaierie di Verona S.p.A......... 22.06
Ferriera Valsider S.p.A................................. 22.06
All-Others.............................................. 22.06
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise, as described in Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margin or the estimated
all-others rate, as follows: (1) The cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and
[[Page 50383]]
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ 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.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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.
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.
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 24, 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 products 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 of 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 may also 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 these proceedings 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. Affiliation and Collapsing
VI. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XI. Application of Facts Available and Use of Adverse Inference
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2017-23645 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P
