Carbon and Alloy Steel Wire Rod From Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 50375-50377 [2017-23648]
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–816]
Carbon and Alloy Steel Wire Rod From
Ukraine: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that carbon and alloy steel
wire rod (wire rod) from Ukraine 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: Julia
Hancock, Annathea Cook, or Courtney
Canales, 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) 482–1394,
(202) 482–0250, or (202) 482–4997,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 the revised deadline is
now 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
included in the Preliminary Decision
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 (April 26, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Steel
Wire Rod from Ukraine’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
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.
Scope of the Investigation
The products covered by this
investigation are wire rod from Ukraine.
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 (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 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.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, the
Department has preliminarily relied
upon facts otherwise available, with
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, the United Arab
Emirates, and the United Kingdom: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ (Preliminary Scope
Decision Memorandum) dated August 7, 2017.
7 See Preliminary Decision Memorandum.
PO 00000
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Fmt 4703
Sfmt 4703
50375
adverse inferences for ArcelorMittal
Steel Kryvyi Rih (AMKR) and Public
Joint Stock Company Yenakiieve Iron
And Steel Works (Yenakiieve). The
Department has preliminarily
determined that Duferco S.A. (Duferco)
was not the first in the supply chain to
have knowledge that subject
merchandise was destined for the U.S.
and as such, has been deselected as a
respondent in this proceeding. For
further discussion, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available, the Department
may use any reasonable method to
establish the estimated weightedaverage dumping margin for all-other
producers or exporters.
The Department has preliminarily
determined the estimated weightedaverage dumping margin for each of the
individually examined respondents
under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, the Department’s
normal practice under these
circumstances has been to calculate the
‘‘all-others’’ rate as a simple average of
the alleged dumping margins from the
petition.8
8 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
E:\FR\FM\31OCN1.SGM
Continued
31OCN1
50376
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
ArcelorMittal Steel Kryvyi Rih .....
Public Joint Stock Company
Yenakiieve Iron And Steel
Works ......................................
All-Others ....................................
44.03
44.03
34.98
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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.
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
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 the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because the Department
preliminarily applied AFA to the
individually examined companies,
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014).
VerDate Sep<11>2014
17:37 Oct 30, 2017
Jkt 244001
AMKR and Yenakiieve, in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the petition,
there are no calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by the
Department, and the Department
preliminarily determines that each has
been uncooperative, we will not
conduct verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 50 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.9 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that the
Department will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, the Department will make
its final determination no later than 75
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
days after the signature date of this
preliminary determination.
International Trade Commission
In accordance with section 773(f) of
the Act, the Department will notify the
International Trade Comission (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.
E:\FR\FM\31OCN1.SGM
31OCN1
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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Fmt 4703
Sfmt 4703
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.
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50375-50377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23648]
[[Page 50375]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-816]
Carbon and Alloy Steel Wire Rod From Ukraine: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that carbon and alloy steel wire rod (wire rod) from Ukraine
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: Julia Hancock, Annathea Cook, or
Courtney Canales, 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) 482-1394, (202) 482-0250, or (202) 482-4997,
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 and the revised deadline is now
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 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 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 (April 26, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carbon
and Alloy Steel Wire Rod from Ukraine'' 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
Ukraine. 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 (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 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.
\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,'' (Preliminary Scope Decision
Memorandum) dated August 7, 2017.
\7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
the Department has preliminarily relied upon facts otherwise available,
with adverse inferences for ArcelorMittal Steel Kryvyi Rih (AMKR) and
Public Joint Stock Company Yenakiieve Iron And Steel Works
(Yenakiieve). The Department has preliminarily determined that Duferco
S.A. (Duferco) was not the first in the supply chain to have knowledge
that subject merchandise was destined for the U.S. and as such, has
been deselected as a respondent in this proceeding. For further
discussion, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B)
of the Act, if the estimated weighted-average dumping margins
established for all exporters and producers individually examined are
zero, de minimis or determined based entirely on facts otherwise
available, the Department may use any reasonable method to establish
the estimated weighted-average dumping margin for all-other producers
or exporters.
The Department has preliminarily determined the estimated weighted-
average dumping margin for each of the individually examined
respondents under section 776 of the Act. Consequently, pursuant to
section 735(c)(5)(B) of the Act, the Department's normal practice under
these circumstances has been to calculate the ``all-others'' rate as a
simple average of the alleged dumping margins from the petition.\8\
---------------------------------------------------------------------------
\8\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
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[[Page 50376]]
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
ArcelorMittal Steel Kryvyi Rih.............................. 44.03
Public Joint Stock Company Yenakiieve Iron And Steel Works.. 44.03
All-Others.................................................. 34.98
------------------------------------------------------------------------
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.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a 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 the notice
of preliminary determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because the Department preliminarily
applied AFA to the individually examined companies, AMKR and
Yenakiieve, in this investigation, in accordance with section 776 of
the Act, and the applied AFA rate is based solely on the petition,
there are no calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by the Department, and the Department
preliminarily determines that each has been uncooperative, we will not
conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 50
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\9\ 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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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
the Department will issue the final determination within 75 days after
the date of its preliminary determination. Accordingly, the Department
will make its final determination no later than 75 days after the
signature date of this preliminary determination.
International Trade Commission
In accordance with section 773(f) of the Act, the Department will
notify the International Trade Comission (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.
[[Page 50377]]
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
