Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 50386-50388 [2017-23646]

Download as PDF 50386 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 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. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 VerDate Sep<11>2014 17:37 Oct 30, 2017 Jkt 244001 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. Preliminary Determination of No Shipments VI. Affiliation and Collapsing of Affiliates VII. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Selection and Corroboration of the AFA Rate VIII. All-Others Rate IX. Critical Circumstances A. Legal Framework B. Critical Circumstances Allegation C. Analysis X. Conclusion [FR Doc. 2017–23649 Filed 10–30–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–891] Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances 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 Korea (Korea) 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: Lingjun Wang or Toni Page, AD/CVD Operations, Office VII, Enforcement and AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2316 or (202) 482–1398. 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 On August 21, 2017, the Department postponed the preliminary determination of this investigation and revised the deadline to 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 http://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 Korea. For a complete description of the scope of this investigation, see Appendix I. 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 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: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 82 FR 35964 (August 21, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of Saels at Less-Than-Fair-Value, Preliminary Negative Determination of Critical Circumstances, in the investigation of Carbon And Alloy Steel Wire Rod From the Republic of Korea’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / 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 (i.e., 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 on the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. 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. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, the Department preliminarily finds that critical circumstances do not exist for POSCO or All-Other producers and exporters. For a full description of the methodology and results of the Department’s critical circumstances analysis, see the Preliminary Decision Memorandum. asabaliauskas on DSKBBXCHB2PROD with NOTICES All-Others Rate Sections 733(d)(1)(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 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 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, United Arab Emirates, and United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determination’’ (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. VerDate Sep<11>2014 17:37 Oct 30, 2017 Jkt 244001 estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. The Department calculated an individual estimated weighted-average dumping margin for POSCO, the only individually exporter/producer to receive an individually calculated rate. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for POSCO is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. 50387 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 Preliminary Determination after the date on which the last verification report is issued in this The Department preliminarily determines that the following estimated investigation. Rebuttal briefs, limited to issues raised in case briefs, may be weighted-average dumping margins submitted no later than five days after exist: the deadline date for case briefs.7 Pursuant to 19 CFR 351.309(c)(2) and Estimated (d)(2), parties who submit case briefs or weightedaverage rebuttal briefs in this investigation are Exporter/producer dumping encouraged to submit with each margin argument: (1) A statement of the issue; (percent) (2) a brief summary of the argument; POSCO ................................. 10.09 and (3) a table of authorities. All-Others .............................. 10.09 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the Suspension of Liquidation case and rebuttal briefs, must submit a In accordance with section 733(d)(2) written request to the Assistant of the Act, the Department will direct Secretary for Enforcement and U.S. Customs and Border Protection Compliance, U.S. Department of (CBP) to suspend liquidation of entries Commerce, within 30 days after the date of subject merchandise, as described in of publication of this notice. Requests Appendix I, entered, or withdrawn from should contain the party’s name, warehouse, for consumption on or after address, and telephone number, the the date of publication of this notice in number of participants, whether any the Federal Register. Further, pursuant participant is a foreign national, and a to section 733(d)(1)(B) of the Act and 19 list of the issues to be discussed. If a CFR 351.205(d), the Department will request for a hearing is made, the instruct CBP to require a cash deposit Department intends to hold the hearing equal to the estimated weighted-average at the U.S. Department of Commerce, dumping margin or the estimated all1401 Constitution Avenue NW., others rate, as follows: (1) The cash Washington, DC 20230, at a time and deposit rate for the respondent listed date to be determined. Parties should above will be equal to the companyconfirm by telephone the date, time, and specific estimated weighted-average location of the hearing two days before dumping margins determined in this the scheduled date. preliminary determination; (2) if the Final Determination exporter is not a respondent identified above, but the producer is, then the cash Section 735(a)(1) of the Act and 19 deposit rate will be equal to the CFR 351.210(b)(1) provide that the company-specific estimated weightedDepartment will issue the final average dumping margin established for determination within 75 days after the that producer of the subject date of its preliminary determination. merchandise; and (3) the cash deposit Accordingly, the Department will make rate for all other producers and its final determination no later than 75 exporters will be equal to the all-others estimated weighted-average dumping 7 See 19 CFR 351.309; see also 19 CFR 351.303 margin. (for general filing requirements). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1 50388 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices days after the signature date of this preliminary determination. Appendix II 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. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 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. VerDate Sep<11>2014 17:37 Oct 30, 2017 Jkt 244001 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. All-Others Rate VII. Preliminary Negative Determination of Critical Circumstances VIII. Preliminary Determination of No Sales (Not an Approporiate Party To Be Examied) IX. Affiliation and Collapsing X. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis XI. Date of Sale XII. Product Comparisons XIII. Export Price and Constructed Export Price XIV. Normal Value A. Home Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade D. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Home Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Home Market Prices XV. Currency Conversion XVI. Conclusion Table of Authorities [FR Doc. 2017–23646 Filed 10–30–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–523–810] Polyethylene Terephthalate Resin From the Sultanate of Oman: Rescission of Antidumping Duty Administrative Review; 2015–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty (AD) order on polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman) for the period of review (POR), i.e., October 15, 2015, through April 30, 2017. DATES: Applicable October 31, 2017. FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 AGENCY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3518. SUPPLEMENTARY INFORMATION: Background On July 6, 2017, based on a timely request for review by OCTAL SAOC FZC (OCTAL), the Department published in the Federal Register a notice of initiation of an administrative review of the AD order on PET resin from Oman with respect to OCTAL for the POR.1 On August 22, 2017, pursuant to 19 CFR 351.213(d)(1), OCTAL timely withdrew its request to be reviewed.2 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested the review withdraw their requests within 90 days of the publication of the notice of initiation of the requested review. OCTAL withdrew its review request by the 90-day deadline, and no other party requested an administrative review of the AD order. Therefore, we are rescinding the administrative review of the AD order on PET resin from Oman covering the period October 15, 2015, through April 30, 2017 in its entirety. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess AD duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertains shall be assessed AD duties that are equal to the cash deposits of estimated AD duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP within 15 days after the publication of this notice in the Federal Register. Notification to Importers This notice serves as the only reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 31292 (July 6, 2017) (Initiation Notice). 2 See Letter from OCTAL to the Secretary of Commerce ‘‘OCTAL’s Withdrawal of Request for AD Review Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,’’ dated August 22, 2017. E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50386-50388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23646]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
and Preliminary Negative Determination of Critical Circumstances

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 the 
Republic of Korea (Korea) 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: Lingjun Wang or Toni Page, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2316 or (202) 482-1398.

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\ On August 21, 2017, the Department postponed the preliminary 
determination of this investigation and revised the deadline to 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 http://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 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: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 82 FR 35964 (August 21, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of Saels at Less-Than-Fair-Value, 
Preliminary Negative Determination of Critical Circumstances, in the 
investigation of Carbon And Alloy Steel Wire Rod From the Republic 
of Korea'' 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 Korea. 
For a complete description of the scope of this investigation, see 
Appendix I.

[[Page 50387]]

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted on the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I to this 
notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \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, United Arab 
Emirates, and United Kingdom: Scope Comments Decision Memorandum for 
the Preliminary Determination'' (Preliminary Scope Decision 
Memorandum), 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. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
the Department preliminarily finds that critical circumstances do not 
exist for POSCO or All-Other producers and exporters. For a full 
description of the methodology and results of the Department's critical 
circumstances analysis, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(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 or de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    The Department calculated an individual estimated weighted-average 
dumping margin for POSCO, the only individually exporter/producer to 
receive an individually calculated rate. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for POSCO is the margin assigned to all-other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
POSCO...................................................           10.09
All-Others..............................................           10.09
------------------------------------------------------------------------

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 
respondent 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 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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

[[Page 50388]]

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 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. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. All-Others Rate
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Preliminary Determination of No Sales (Not an Approporiate 
Party To Be Examied)
IX. Affiliation and Collapsing
X. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
XI. Date of Sale
XII. Product Comparisons
XIII. Export Price and Constructed Export Price
XIV. Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Home Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Home Market Prices
XV. Currency Conversion
XVI. Conclusion
Table of Authorities

[FR Doc. 2017-23646 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P