Carbon and Alloy Steel Wire Rod From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 50377-50379 [2017-23647]
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
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. Application of Facts Available and
Adverse Inference
A. Legal Standard
B. Application of Facts Available with
Adverse Inference for AMKR
C. Application of Facts Available with
Adverse Inference for Yenakiieve
D. Selection and Corroboration of AFA
Rate
E. All-Others Rate
VIII. Conclusion
[FR Doc. 2017–23648 Filed 10–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–831]
the Department postponed the
preliminary determination of this
investigation until 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
discussed 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 Preliminary Decision
Memorandum and the electronic
version are identical in content.
Carbon and Alloy Steel Wire Rod From
Turkey: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, and Preliminary Negative
Determination of Critical
Circumstances
Scope of the Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain carbon and alloy
steel wire rod (wire rod) from the
Republic of Turkey (Turkey) 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:
Ryan Mullen or Ian Hamilton, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5260 or (202) 482–4798,
respectively.
SUPPLEMENTARY INFORMATION:
Scope Comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
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,
1 See Carbon and Alloy Steel Wire Rod from
Belarus, Italy, the Republic of Korea, the Russian
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
The products covered by this
investigation are wire rod from Turkey.
For a complete description of the scope
of this investigation, see Appendix I.
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
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 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 and Negative
Determination of Critical Circumstances in the Less
Than Fair Value Investigation of Carbon and Alloy
Steel Wire Rod from Turkey,’’ 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, 82 FR at 19207–08.
PO 00000
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50377
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.
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. For a full
description of the methodology
underlying the preliminary conclusions,
see the Preliminary Decision
Memorandum.
Preliminary Negative Determination of
Critical Circumstances
On July 6, 2017, the petitioners filed
a critical circumstances allegation with
respect to imports of wire rod from
Turkey.8 In accordance with section
733(e) of the Act and 19 CFR 351.206,
we preliminarily find that critical
circumstances do not exist with respect
to imports of wire rod from Turkey for
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (Habas), Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas), and all-other exporters/
producers of wire rod from Turkey. 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)(A)(ii) of the Act
provides that in the preliminary
determination the Department shall
determine an estimated all-others rate
for all exporters and producers not
individually investigated in accordance
with section 735(c)(5) of the Act.
Section 735(c)(5)(A) of the Act states
that generally this rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
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 Letter to the Secretary from Nucor re:
Carbon and Alloy Steel Wire Rod from Russia,
South Africa, Spain, Turkey, and the United
Kingdom: Critical Circumstances Allegations, dated
July 6, 2017.
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
dumping margins for Habas and Icdas
that are not zero, de minimis or based
entirely on facts otherwise available.
The Department calculated the allothers rate using a simple average of the
estimated weighted-average dumping
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
calculated estimated weighted-average
margins calculated for the examined
respondents.9
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
margins
(percent)
Exporter/producer
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...............................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ..................................................................................................
All-Others .................................................................................................................................................................
As provided in section 782(i) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Final Determination
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 final
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
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.
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. The
Department then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
For a complete analysis of the data, please see the
All-Others’ Rate Calculation Memorandum, dated
concurrently with this notice.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
weighted-average dumping margin by
the appropriate CVD rate. The adjusted
cash deposit rate may be found in the
Preliminary Determination section
above. Should provisional measures in
the companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
9 With two respondents under examination, the
Department normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
17:37 Oct 30, 2017
Jkt 244001
2.70
8.01
5.31
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 proceeding 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.
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
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
The Department normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where the
Department preliminarily made an
affirmative determination for
countervailable export subsidies, the
Department offset the estimated
VerDate Sep<11>2014
2.80
8.01
5.41
Cash deposit
rate adjusted
for subsidy
offset
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
PO 00000
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Fmt 4703
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
International Trade Commission
Notification
Appendix II
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary affirmative
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
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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, 213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS also may be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this proceeding is dispositive.
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
50379
SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Comparison 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 Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
F. Calculation of NV Based on Constructed
Value
X. Preliminary Negative Determination of
Critical Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
XI. Adjustment to Cash Deposit Rate for
Export Subsidies
XII. Currency Conversion
XIII. Conclusion
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 19, 2017.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
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.
[FR Doc. 2017–23647 Filed 10–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–830]
Biodiesel From Indonesia: 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 biodiesel from
Indonesia 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: Effective October 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Alexander Cipolla, 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) 482–2371 or
(202) 482–4956, respectively.
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Scope of the Investigation
The product covered by this
investigation is biodiesel from
Indonesia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,3 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).4 No
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Therefore, the
Department is preliminarily not
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
1 See Biodiesel from Argentina and Indonesia:
Initiation of Less-Than-Fair Value Investigations, 82
FR 18428 (April 19, 2017) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Biodiesel from
Indonesia’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 82 FR at 18428–29.
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]]>Agencies
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50377-50379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23647]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-831]
Carbon and Alloy Steel Wire Rod From Turkey: 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 certain carbon and alloy steel wire rod (wire rod) from
the Republic of Turkey (Turkey) 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: Ryan Mullen or Ian Hamilton, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5260 or (202) 482-4798,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 26,
2017.\1\ On August 21, 2017, the Department postponed the preliminary
determination of this investigation until 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 discussed 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
Preliminary Decision Memorandum and the electronic version 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 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 and Negative Determination of Critical Circumstances
in the Less Than Fair Value Investigation of Carbon and Alloy Steel
Wire Rod from Turkey,'' 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
Turkey. 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, 82 FR 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.
---------------------------------------------------------------------------
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. For a full
description of the methodology underlying the preliminary conclusions,
see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
On July 6, 2017, the petitioners filed a critical circumstances
allegation with respect to imports of wire rod from Turkey.\8\ In
accordance with section 733(e) of the Act and 19 CFR 351.206, we
preliminarily find that critical circumstances do not exist with
respect to imports of wire rod from Turkey for Habas Sinai ve Tibbi
Gazlar Istihsal Endustrisi A.S. (Habas), Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S. (Icdas), and all-other exporters/producers of wire
rod from Turkey. For a full description of the methodology and results
of the Department's critical circumstances analysis, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Letter to the Secretary from Nucor re: Carbon and Alloy
Steel Wire Rod from Russia, South Africa, Spain, Turkey, and the
United Kingdom: Critical Circumstances Allegations, dated July 6,
2017.
---------------------------------------------------------------------------
All-Others Rate
Sections 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination the Department shall determine an estimated
all-others rate for all exporters and producers not individually
investigated in accordance with section 735(c)(5) of the Act. Section
735(c)(5)(A) of the Act states that generally this rate shall be an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for
[[Page 50378]]
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 calculated estimated
weighted-average dumping margins for Habas and Icdas that are not zero,
de minimis or based entirely on facts otherwise available. The
Department calculated the all-others rate using a simple average of the
estimated weighted-average dumping margins calculated for the examined
respondents.\9\
---------------------------------------------------------------------------
\9\ With two respondents under examination, the Department
normally calculates (A) a weighted-average of the estimated
weighted-average dumping margins calculated for the examined
respondents; (B) a simple average of the estimated weighted-average
dumping margins calculated for the examined respondents; and (C) a
weighted-average of the estimated weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged U.S. sale quantities for the merchandise under
consideration. The Department then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United Kingdom: Final
Results of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). For a complete analysis of the
data, please see the All-Others' Rate Calculation Memorandum, dated
concurrently with this notice.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted- Cash deposit
average rate adjusted
Exporter/producer margins for subsidy
(percent) offset
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal 2.80 2.70
Endustrisi A.S.........................
Icdas Celik Enerji Tersane ve Ulasim 8.01 8.01
Sanayi A.S.............................
All-Others.............................. 5.41 5.31
------------------------------------------------------------------------
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 exporters will be
equal to the all-others estimated weighted-average dumping margin.
The Department normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding, when CVD provisional
measures are in effect. Accordingly, where the Department preliminarily
made an affirmative determination for countervailable export subsidies,
the Department offset the estimated weighted-average dumping margin by
the appropriate CVD rate. The adjusted cash deposit rate may be found
in the Preliminary Determination section above. Should provisional
measures in the companion CVD investigation expire prior to the
expiration of provisional measures in this LTFV investigation, the
Department will direct CBP to begin collecting estimated antidumping
duty cash deposits unadjusted for countervailed export subsidies at the
time that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
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) 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 final 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 proceeding
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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\10\ 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 days after the
signature date of this preliminary determination.
[[Page 50379]]
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
affirmative 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, 213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030,
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020,
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be
included in this scope if they meet the physical description of
subject merchandise above. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this proceeding is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Comparison 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 Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison Market Prices
F. Calculation of NV Based on Constructed Value
X. Preliminary Negative Determination of Critical Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
XI. Adjustment to Cash Deposit Rate for Export Subsidies
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2017-23647 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P
