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]
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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 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 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).
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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
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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
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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]
-----------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Carbon And Alloy Steel Wire Rod From Belarus, Italy, the
Republic of Korea, the Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, United Arab Emirates, and United
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR
19207 (April 26, 2017) (Initiation Notice).
\2\ See 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.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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