Certain Carbon and Alloy Steel Wire Rod From Belarus, the Russian Federation, and the United Arab Emirates: Affirmative Final Determinations of Sales at Less Than Fair Value and Partial Affirmative Finding of Critical Circumstances, 56214-56216 [2017-25659]
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
intersection of Interstate 5 and Highway
99, Lebec, California—which the
application proposes to expand from
247 to 1,093 acres.
The application was formally
docketed on November 21, 2017. The
applicant is authorized to make the
proposal under the California
Government Code, Sections 6300–6305.
The application indicates a need for
expanded zone designation within the
Tejon Ranch Commerce Center. Specific
manufacturing approvals are not being
sought at this time. Such requests would
be made to the FTZ Board on a case-bycase basis.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
January 8, 2018. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
January 22, 2018.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov or (202)
482–0862.
Dated: November 21, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–25655 Filed 11–27–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
ethrower on DSK3G9T082PROD with NOTICES
[S–135–2017]
Approval of Subzone Status; Ekornes
Inc.; Somerset, New Jersey
On September 7, 2017, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the New Jersey
Department of State, grantee of FTZ 44,
requesting subzone status subject to the
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existing activation limit of FTZ 44, on
behalf of Ekornes Inc., in Somerset, New
Jersey.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (82 FR 42784, September 12,
2017). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to establish
Subzone 44J was approved on
November 13, 2017, subject to the FTZ
Act and the Board’s regulations,
including Section 400.13, and further
subject to FTZ 44’s 407.5- acre
activation limit.
Dated: November 21, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–25653 Filed 11–27–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–822–806, A–821–824, A–520–808]
Certain Carbon and Alloy Steel Wire
Rod From Belarus, the Russian
Federation, and the United Arab
Emirates: Affirmative Final
Determinations of Sales at Less Than
Fair Value and Partial Affirmative
Finding of Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of carbon and alloy steel wire
rod (wire rod) from Belarus, the Russian
Federation (Russia), and the United
Arab Emirates (the UAE) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The final
estimated dumping margins of sales at
LTFV are shown in in the ‘‘Final
Determinations’’ section of this notice.
DATES: Applicable November 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz at (202) 482–2972
(Belarus), Kaitlin Wojnar at (202) 482–
3857 (Russia), Carrie Bethea (UAE) at
(202) 482–1491, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On September 12, 2017, the
Department published the preliminary
affirmative determination of critical
circumstances concerning Russia and
the preliminary determinations of sales
at LTFV in the investigations of wire rod
from Belarus, Russia, and the UAE.1 We
invited interested parties to comment on
these preliminary determinations. We
received no comments on the
Preliminary LTFV Determinations but
did receive comments on the scope of
these investigations. Additionally, no
interested party requested a hearing.
Scope of the Investigations
The products covered by these
investigations are wire rod from Belarus,
Russia, and the UAE. For a complete
description of the scope of the Belarus,
Russia, and the UAE investigations, see
the Appendix to this notice.
Scope Comments
During the course of these
investigations, the Department received
numerous scope comments from
interested parties. Prior to the
Preliminary LTFV Determinations, the
Department issued a Preliminary Scope
Decision Memorandum to address these
comments. As a result of these
comments, the Department made no
changes to the scope of these
investigations as it appeared in the
Initiation Notice.2
In September 2017, we received scope
case and rebuttal briefs. On November
20, 2017, we issued the Final Scope
Decision Memorandum in response to
these comments in which we did not
1 See Certain Carbon and Alloy Steel Wire Rod
from the Russian Federation and the United Arab
Emirates: Affirmative Preliminary Determinations
of Sales at Less Than Fair Value, and Affirmative
Preliminary Determination of Critical
Circumstances for Imports of Certain Carbon and
Alloy Steel Wire Rod from the Russian Federation,
82 FR at 42794 (September 12, 2017) (Preliminary
LTFV Determinations Russia & UAE), and
accompanying Preliminary Decision Memorandum
(PDM); and Carbon and Alloy Steel Wire Rod from
Belarus: Preliminary Determination of Sales at Less
Than Fair Value, 82 FR 42796 (September 12, 2017)
(Preliminary LTFV Determination Belarus), and
accompanying PDM (collectively, Preliminary LTFV
Determinations).
2 For discussion of these comments, 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 Determination’’ (Preliminary Scope
Decision Memorandum), dated August 7, 2017; see
also Carbon and Alloy Steel Wire Rod from Belarus,
Italy, the Republic of Korea, the Russian Federation,
South Africa, Spain, the Republic of Turkey,
Ukraine, United Arab Emirates, and United
Kingdom: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 19207 (April 20, 2017)
(Initiation Notice).
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
change the scope of these
investigations.3
Period of Investigations
The period of investigation (POI) is
January 1, 2016, through December 31,
2016, for Russia and the UAE. Because
Belarus is a non-market economy (NME)
country, the POI for that investigation is
July 1, 2016, through December 31,
2016.
Verification
Because the mandatory respondents
in the Russian and UAE investigations
did not provide the information
requested, and the Department
determined that Byelorussian Steel
Works (BSW) was uncooperative, the
Department did not conduct
verifications under section 782(i)(1) of
the Act.
Analysis of Comments Received, Use of
Adverse Facts Available, and Changes
Since the Preliminary Determinations
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As noted above, we received no
comments pertaining to the Preliminary
LTFV Determinations.
As stated in the Preliminary LTFV
Determination Belarus, we found that
BSW is not eligible for separate rate
status because it is wholly-owned by the
Government of Belarus. We also found
in the Preliminary LTFV Determinations
that the Belarus-wide entity, as well as
the mandatory respondents in the
investigations involving Russia and the
UAE,4 withheld information that the
Department requested and failed to
provide information by the specified
deadlines. This significantly impeded
the proceedings, and accordingly,
resulted in the Department relying on
facts otherwise available, pursuant to
sections 776(a)(1) and 776(a)(2)(A)–(C)
of the Tariff Act of 1930, as amended
(the Act). Further, we found that these
respondents did not cooperate to the
best of their abilities to comply with our
requests for information, and,
accordingly, we determined it
appropriate to apply adverse inferences
in selecting from the facts available,
pursuant to section 776(b) of the Act
and 19 CFR 351.308(a).5 For the
3 For discussion of these comments, 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: Final Scope
Memorandum’’ (Final Scope Decision
Memorandum), dated November 20, 2017.
4 Abinsk Electric Steel Works Ltd. (Abinsk) and
JSC NLMK-Ural (NLMK Ural) (Russia), and
Emirates Steel Industries PJSC (Emirates Steel)
(UAE).
5 See Preliminary LTFV Determinations Russia
and UAE, 82 FR at 42794, and accompanying PDM
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19:51 Nov 27, 2017
Jkt 244001
purposes of the final determinations, we
continue to find that, in accordance
with sections 776(a)–(b) of the Act,
application of facts otherwise available
with adverse inferences is appropriate.
Accordingly, the Department has made
no changes to the Preliminary LTFV
Determinations, and no decision
memoranda accompany this Federal
Register notice.
Exporter or producer
Estimated
weightedaverage
dumping
margin
(percent)
Russia
Abinsk Electric Steel Works Ltd
JSC NLMK-Ural ..........................
All-Others ....................................
Final Affirmative Determinations of
Critical Circumstances
For Russia, in accordance with
section 733(e)(1) of the Act and 19 CFR
351.206, we preliminarily found that
critical circumstances exist with respect
to mandatory respondents, Abinsk and
NLMK Ural, and all other producers and
exporters of wire rod from Russia (All
Others).6 As stated above, the
Department received no comments
concerning the Preliminary LTFV
Determinations. Thus, for these final
determinations, we continue to find
that, in accordance with section
735(a)(3) of the Act and 19 CFR 351.206,
critical circumstances exist for imports
from all producers and exporters of wire
rod from Russia.
56215
756.93
756.93
436.80
UAE
Emirates Steel Industries PJSC
All-Others ....................................
84.10
84.10
9 The Belarus-wide entity includes BSW, the
sole mandatory respondent in the investigation
of wire rod from Belarus.
Continuation of Suspension of
Liquidation
In accordance with section 733(d)(2)
of the Act, for these final
determinations, we will direct U. S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
wire rod from Russia, as described in
the Appendix to this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after June 14,
2017 (90 days prior to the date of
publication of the Preliminary LTFV
All-Others Rate
Determinations), because we continue to
As discussed in the Preliminary LTFV find that critical circumstances exist
Determinations, the Department based
with regard to imports from all
the selection of the ‘‘All-Others’’ rates in producers and exporters of wire rod
Russia and the UAE, on the dumping
from Russia.
margins alleged in the Petitions,7 in
In accordance with section
accordance with section 735(c)(5)(B) of
735(c)(1)(B) of the Act, for these final
the Act. We made no changes to the
determinations, the Department will
selection of these rates for these final
instruct CBP to continue to suspend
determinations.8
liquidation of all entries of wire rod
from Belarus and the UAE, as described
Final Determinations
in the Appendix to this notice, which
The final estimated weighted-average
were entered or withdrawn from
dumping margins are as follows:
warehouse, for consumption on or after
September 12, 2017, the date of
Estimated publication of the preliminary
weighteddeterminations of the Belarus and UAE
average
Exporter or producer
investigations in the Federal Register.
dumping
With respect to entries from Belarus,
margin
(percent)
pursuant to section 735(c)(1)(B) of the
Act and 19 CFR 351.210(d), CBP shall
Belarus
require a cash deposit equal to the
Belarus-Wide Entity 9 ..................
280.02 estimated amount by which the normal
value exceeds the U.S. price as shown
above.
With respect to entries from Russia,
at 4–6; and Preliminary LTFV Determination
pursuant to section 735(c)(1)(B)(ii) of
Belarus, 82 FR at 42797, and accompanying PDM
at 6–10.
the Act, CBP shall require a cash deposit
6 See Preliminary LTFV Determinations Russia
equal to the weighted-average amount
and UAE, 82 FR at 42795.
by which normal value exceeds U.S.
7 See the Petitions for the Imposition of
price, as follows: (1) For Abinsk and
Antidumping Duties on Carbon and Alloy Steel
Wire Rod from Belarus, Italy, the Republic of Korea, NLMK Ural, the cash deposit rate will
the Russian Federation, the Republic of South
be equal to the estimated weightedAfrica, Spain, Turkey, Ukraine, United Arab
average dumping margin which the
Emirates, and the United Kingdom, dated March 28,
Department determined in this final
2017 (the Petitions).
determination; (2) if the exporter is not
8 See Preliminary LTFV Determinations Russia
a firm identified in this investigation
and UAE, 82 FR at 42795.
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
but the producer is, then the cash
deposit rate will be equal to the
estimated weighted-average dumping
margin established for the producer of
the subject merchandise; (3) the cash
deposit rate for all other producers or
exporters will be 436.80 percent, as
discussed in the ‘‘All-Others Rate’’
section, above.
With respect to entries from the UAE,
pursuant to section 735(c)(1)(B)(ii) of
the Act, CBP shall require a cash deposit
equal to the weighted-average amount
by which normal value exceeds U.S.
price, as follows: (1) For Emirates Steel,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin which the Department
determined in this final determination;
(2) if the exporter is not a firm identified
in this investigation but the producer is,
then the cash deposit rate will be equal
to the estimated weighted-average
dumping margin established for the
producer of the subject merchandise; (3)
the cash deposit rate for all other
producers or exporters will be 84.10
percent, as discussed in the ‘‘All-Others
Rate’’ section, above.
These instructions suspending
liquidation will remain in effect until
further notice.
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Disclosure
The estimated weighted-average
dumping margins assigned to the
mandatory respondents in these
investigations in the Preliminary LTFV
Determinations were based on adverse
facts available. As we made no changes
to these margins since the Preliminary
LTFV Determinations, no disclosure of
calculations is necessary for these final
determinations.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final determination of sales at LTFV
for Belarus, Russia, and the UAE and
final affirmative determination of
critical circumstances for Russia.
Because the final determinations in
these proceedings are affirmative, the
ITC will make its final determination as
to whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of wire rod from
Belarus, Russia, and the UAE no later
than 45 days after our final
determination, in accordance with
section 735(b)(2) of the Act. If the ITC
determines that such injury does not
exist, these proceedings will be
terminated and all cash deposits posted
will be refunded or cancelled. If the ITC
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19:51 Nov 27, 2017
Jkt 244001
determines that such injury exists, the
Department will issue antidumping
duty orders directing CBP to assess
upon further instruction by the
Department, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension liquidation.
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.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
BILLING CODE 3510–DS–P
Notification to Interested Parties
These determinations are issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: November 20, 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
Scope of the Investigations
The merchandise covered by these
investigations 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,
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[FR Doc. 2017–25659 Filed 11–27–17; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the United States Travel
and Tourism Advisory Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board or
TTAB) will hold an open meeting via
teleconference on Thursday, December
14, 2017. The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry. The purpose of the meeting is
for Board members to consider
recommendations being developed by
the National Goal Subcommittee, the
Secure Travel Partnership Operations
Subcommittee, and the Secure Travel
Partnership Communications
Subcommittee. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://
trade.gov/ttab at least one week in
advance of the meeting.
DATES: Thursday, December 14, 2017,
1:00 p.m.–2:00 p.m. EST. The deadline
for members of the public to register,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EST on Thursday, December
7, 2017.
ADDRESSES: The meeting will be held
via conference call. The call-in number
and passcode will be provided by email
to registrants. Requests to register
(including to speak or for auxiliary aids)
and any written comments should be
submitted to: National Travel and
Tourism Office, U.S. Department of
Commerce, 1401 Constitution Ave. NW.,
Room 10003, Washington, DC 20230 or
by email to TTAB@trade.gov. Members
of the public are encouraged to submit
registration requests and written
comments via email to ensure timely
receipt.
FOR FURTHER INFORMATION CONTACT:
Brian Beall, the United States Travel
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56214-56216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25659]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-822-806, A-821-824, A-520-808]
Certain Carbon and Alloy Steel Wire Rod From Belarus, the Russian
Federation, and the United Arab Emirates: Affirmative Final
Determinations of Sales at Less Than Fair Value and Partial Affirmative
Finding of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of carbon and alloy steel wire rod (wire rod) from Belarus, the
Russian Federation (Russia), and the United Arab Emirates (the UAE) are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The final estimated dumping margins of sales at LTFV are
shown in in the ``Final Determinations'' section of this notice.
DATES: Applicable November 28, 2017.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz at (202) 482-2972
(Belarus), Kaitlin Wojnar at (202) 482-3857 (Russia), Carrie Bethea
(UAE) at (202) 482-1491, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2017, the Department published the preliminary
affirmative determination of critical circumstances concerning Russia
and the preliminary determinations of sales at LTFV in the
investigations of wire rod from Belarus, Russia, and the UAE.\1\ We
invited interested parties to comment on these preliminary
determinations. We received no comments on the Preliminary LTFV
Determinations but did receive comments on the scope of these
investigations. Additionally, no interested party requested a hearing.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Wire Rod from the Russian
Federation and the United Arab Emirates: Affirmative Preliminary
Determinations of Sales at Less Than Fair Value, and Affirmative
Preliminary Determination of Critical Circumstances for Imports of
Certain Carbon and Alloy Steel Wire Rod from the Russian Federation,
82 FR at 42794 (September 12, 2017) (Preliminary LTFV Determinations
Russia & UAE), and accompanying Preliminary Decision Memorandum
(PDM); and Carbon and Alloy Steel Wire Rod from Belarus: Preliminary
Determination of Sales at Less Than Fair Value, 82 FR 42796
(September 12, 2017) (Preliminary LTFV Determination Belarus), and
accompanying PDM (collectively, Preliminary LTFV Determinations).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are wire rod from
Belarus, Russia, and the UAE. For a complete description of the scope
of the Belarus, Russia, and the UAE investigations, see the Appendix to
this notice.
Scope Comments
During the course of these investigations, the Department received
numerous scope comments from interested parties. Prior to the
Preliminary LTFV Determinations, the Department issued a Preliminary
Scope Decision Memorandum to address these comments. As a result of
these comments, the Department made no changes to the scope of these
investigations as it appeared in the Initiation Notice.\2\
---------------------------------------------------------------------------
\2\ For discussion of these comments, 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 Determination''
(Preliminary Scope Decision Memorandum), dated August 7, 2017; see
also Carbon and Alloy Steel Wire Rod from Belarus, Italy, the
Republic of Korea, the Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, United Arab Emirates, and United
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR
19207 (April 20, 2017) (Initiation Notice).
---------------------------------------------------------------------------
In September 2017, we received scope case and rebuttal briefs. On
November 20, 2017, we issued the Final Scope Decision Memorandum in
response to these comments in which we did not
[[Page 56215]]
change the scope of these investigations.\3\
---------------------------------------------------------------------------
\3\ For discussion of these comments, 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: Final
Scope Memorandum'' (Final Scope Decision Memorandum), dated November
20, 2017.
---------------------------------------------------------------------------
Period of Investigations
The period of investigation (POI) is January 1, 2016, through
December 31, 2016, for Russia and the UAE. Because Belarus is a non-
market economy (NME) country, the POI for that investigation is July 1,
2016, through December 31, 2016.
Verification
Because the mandatory respondents in the Russian and UAE
investigations did not provide the information requested, and the
Department determined that Byelorussian Steel Works (BSW) was
uncooperative, the Department did not conduct verifications under
section 782(i)(1) of the Act.
Analysis of Comments Received, Use of Adverse Facts Available, and
Changes Since the Preliminary Determinations
As noted above, we received no comments pertaining to the
Preliminary LTFV Determinations.
As stated in the Preliminary LTFV Determination Belarus, we found
that BSW is not eligible for separate rate status because it is wholly-
owned by the Government of Belarus. We also found in the Preliminary
LTFV Determinations that the Belarus-wide entity, as well as the
mandatory respondents in the investigations involving Russia and the
UAE,\4\ withheld information that the Department requested and failed
to provide information by the specified deadlines. This significantly
impeded the proceedings, and accordingly, resulted in the Department
relying on facts otherwise available, pursuant to sections 776(a)(1)
and 776(a)(2)(A)-(C) of the Tariff Act of 1930, as amended (the Act).
Further, we found that these respondents did not cooperate to the best
of their abilities to comply with our requests for information, and,
accordingly, we determined it appropriate to apply adverse inferences
in selecting from the facts available, pursuant to section 776(b) of
the Act and 19 CFR 351.308(a).\5\ For the purposes of the final
determinations, we continue to find that, in accordance with sections
776(a)-(b) of the Act, application of facts otherwise available with
adverse inferences is appropriate. Accordingly, the Department has made
no changes to the Preliminary LTFV Determinations, and no decision
memoranda accompany this Federal Register notice.
---------------------------------------------------------------------------
\4\ Abinsk Electric Steel Works Ltd. (Abinsk) and JSC NLMK-Ural
(NLMK Ural) (Russia), and Emirates Steel Industries PJSC (Emirates
Steel) (UAE).
\5\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at
42794, and accompanying PDM at 4-6; and Preliminary LTFV
Determination Belarus, 82 FR at 42797, and accompanying PDM at 6-10.
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Final Affirmative Determinations of Critical Circumstances
For Russia, in accordance with section 733(e)(1) of the Act and 19
CFR 351.206, we preliminarily found that critical circumstances exist
with respect to mandatory respondents, Abinsk and NLMK Ural, and all
other producers and exporters of wire rod from Russia (All Others).\6\
As stated above, the Department received no comments concerning the
Preliminary LTFV Determinations. Thus, for these final determinations,
we continue to find that, in accordance with section 735(a)(3) of the
Act and 19 CFR 351.206, critical circumstances exist for imports from
all producers and exporters of wire rod from Russia.
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\6\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at
42795.
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All-Others Rate
As discussed in the Preliminary LTFV Determinations, the Department
based the selection of the ``All-Others'' rates in Russia and the UAE,
on the dumping margins alleged in the Petitions,\7\ in accordance with
section 735(c)(5)(B) of the Act. We made no changes to the selection of
these rates for these final determinations.\8\
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\7\ See the Petitions for the Imposition of Antidumping Duties
on Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic
of Korea, the Russian Federation, the Republic of South Africa,
Spain, Turkey, Ukraine, United Arab Emirates, and the United
Kingdom, dated March 28, 2017 (the Petitions).
\8\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at
42795.
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Final Determinations
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Belarus
------------------------------------------------------------------------
Belarus[dash]Wide Entity \9\................................ 280.02
------------------------------------------------------------------------
Russia
------------------------------------------------------------------------
Abinsk Electric Steel Works Ltd............................. 756.93
JSC NLMK-Ural............................................... 756.93
All-Others.................................................. 436.80
------------------------------------------------------------------------
UAE
------------------------------------------------------------------------
Emirates Steel Industries PJSC.............................. 84.10
All-Others.................................................. 84.10
------------------------------------------------------------------------
\9\ The Belarus-wide entity includes BSW, the sole mandatory respondent
in the investigation of wire rod from Belarus.
Continuation of Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, for these final
determinations, we will direct U. S. Customs and Border Protection
(CBP) to suspend liquidation of all entries of wire rod from Russia, as
described in the Appendix to this notice, which were entered, or
withdrawn from warehouse, for consumption on or after June 14, 2017 (90
days prior to the date of publication of the Preliminary LTFV
Determinations), because we continue to find that critical
circumstances exist with regard to imports from all producers and
exporters of wire rod from Russia.
In accordance with section 735(c)(1)(B) of the Act, for these final
determinations, the Department will instruct CBP to continue to suspend
liquidation of all entries of wire rod from Belarus and the UAE, as
described in the Appendix to this notice, which were entered or
withdrawn from warehouse, for consumption on or after September 12,
2017, the date of publication of the preliminary determinations of the
Belarus and UAE investigations in the Federal Register.
With respect to entries from Belarus, pursuant to section
735(c)(1)(B) of the Act and 19 CFR 351.210(d), CBP shall require a cash
deposit equal to the estimated amount by which the normal value exceeds
the U.S. price as shown above.
With respect to entries from Russia, pursuant to section
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to
the weighted-average amount by which normal value exceeds U.S. price,
as follows: (1) For Abinsk and NLMK Ural, the cash deposit rate will be
equal to the estimated weighted-average dumping margin which the
Department determined in this final determination; (2) if the exporter
is not a firm identified in this investigation
[[Page 56216]]
but the producer is, then the cash deposit rate will be equal to the
estimated weighted-average dumping margin established for the producer
of the subject merchandise; (3) the cash deposit rate for all other
producers or exporters will be 436.80 percent, as discussed in the
``All-Others Rate'' section, above.
With respect to entries from the UAE, pursuant to section
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to
the weighted-average amount by which normal value exceeds U.S. price,
as follows: (1) For Emirates Steel, the cash deposit rate will be equal
to the estimated weighted-average dumping margin which the Department
determined in this final determination; (2) if the exporter is not a
firm identified in this investigation but the producer is, then the
cash deposit rate will be equal to the estimated weighted-average
dumping margin established for the producer of the subject merchandise;
(3) the cash deposit rate for all other producers or exporters will be
84.10 percent, as discussed in the ``All-Others Rate'' section, above.
These instructions suspending liquidation will remain in effect
until further notice.
Disclosure
The estimated weighted-average dumping margins assigned to the
mandatory respondents in these investigations in the Preliminary LTFV
Determinations were based on adverse facts available. As we made no
changes to these margins since the Preliminary LTFV Determinations, no
disclosure of calculations is necessary for these final determinations.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final determination of
sales at LTFV for Belarus, Russia, and the UAE and final affirmative
determination of critical circumstances for Russia. Because the final
determinations in these proceedings are affirmative, the ITC will make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of wire rod from Belarus, Russia, and the
UAE no later than 45 days after our final determination, in accordance
with section 735(b)(2) of the Act. If the ITC determines that such
injury does not exist, these proceedings will be terminated and all
cash deposits posted will be refunded or cancelled. If the ITC
determines that such injury exists, the Department will issue
antidumping duty orders directing CBP to assess upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
These determinations are issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: November 20, 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
Scope of the Investigations
The merchandise covered by these investigations 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.
[FR Doc. 2017-25659 Filed 11-27-17; 8:45 am]
BILLING CODE 3510-DS-P