Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary Determination of Sales at Less Than Fair Value, 57726-57727 [2017-26401]

Download as PDF 57726 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. For Dalian Penghong for which this review is rescinded, the Department will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2015, through December 31, 2015, in accordance with 19 CFR 351.212(c)(l)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, the Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: December 1, 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. sradovich on DSK3GMQ082PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background A. Case History B. Postponement of Preliminary Results C. Period of Review D. Rescission of Review, In Part E. Intent to Rescind, in Part, the Administrative Review III. Scope of the Order IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators D. Discount Rates VI. Analysis of Programs A. Programs Preliminarily Determined to Be Countervailable B. Programs Preliminarily Determined to Be Not Used VII. Preliminary Ad Valorem Rate for NonSelected Companies Under Review VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 VIII. Recommendation [FR Doc. 2017–26381 Filed 12–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–816] Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On October 31, 2017, the Department of Commerce (Department) published in the Federal Register the preliminary determination of the lessthan-fair-value investigation of carbon and alloy steel wire rod (wire rod) from Spain. The Department is amending its preliminary determination to correct a significant ministerial error. DATES: Applicable December 7, 2017. FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1979. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 31, 2017, the Department published in the Federal Register the Preliminary Determination 1 of the lessthan-fair-value investigation of wire rod from Spain. On November 6, 2017, Global Steel Wire S.A., CELSA Atlantic ´ ˜ S.A., and Companıa Espanola de ´ Laminacion (collectively, CELSA) alleged that the Department made a significant ministerial error in the Preliminary Determination.2 Scope of the Investigation The product covered by this investigation is wire rod from Spain. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. 1 See Carbon and Alloy Steel Wire Rod from the Republic of Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Determination of Critical Circumstances, In Part, 82 FR 50390 (October 31, 2017) (Preliminary Determination). 2 See CELSA’s November 6, 2017 letter, ‘‘Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod from Spain: Significant Ministerial Errors Contained in the Preliminary Determination’’ (Ministerial Error Allegation). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Significant Ministerial Error A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ A significant ministerial error is defined in 19 CFR 351.224(g) as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa. Further, 19 CFR 351.224(e) provides that the Department ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.’’ Ministerial Error Allegation CELSA alleges that the Department double-counted the international freight expenses in the calculation of U.S. net prices, increasing the amount deducted for international movement costs, and increasing the dumping margin. CELSA maintains that correcting this error results in a decrease of more than five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin, thereby meeting the definition of ‘‘significant’’ pursuant to 19 CFR 351.224(g)(1).3 Additionally, CELSA alleges that the Department has misclassified direct selling expenses in the United States as indirect selling expenses incurred in Spain. We find that the Department unintentionally included international freight expenses twice when adjusting U.S. price for movement expense in the margin calculation program.4 The Department also unintentionally entered a variable used to capture indirect selling expenses in Spain in the program calculation for direct selling expenses in the United States.5 These errors constitute ministerial errors 3 See Ministerial Error Allegation. Department Memorandum: ‘‘Preliminary Determination Calculation for Global Steel Wire Rod, CELSA Atlantic S.A., and Compania Espanola de Laminacion in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Wire Rod from Spain,’’ dated October 24, 2017, at 8. 5 Id. 4 See E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices within the meaning of 19 CFR 351.224(f).6 Moreover, correcting these ministerial error changes the margin from 20.25 percent to 10.61 percent, thereby making these errors significant ministerial errors within the meaning of 19 CFR 351.224(g)(1).7 Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of ministerial errors made in the margin calculation for CELSA. In addition, because the ‘‘All-Others’’ rate in the Preliminary Determination was based on the estimated weighted-average dumping margin calculated for CELSA,8 we are, consistent with section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), also amending the ‘‘All-Others’’ rate. As a result of the correction of the ministerial error, the revised weighted-average dumping margins are as follows: Weightedaverage dumping margin (percent) Exporter/manufacturer Global Steel Wire S.A./ CELSA Atlantic S.A./ ˜ ´ Companıa Espanola de ´ Laminacion ........................ All-Others .............................. 10.61 10.61 Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 733(d) and (f) of the Act and 19 CFR 351.224. Because the rates are decreasing from the Preliminary Determination, the amended cash deposit rates will be effective retroactively to October 31, 2107, the date of publication of the Preliminary Determination notice in the Federal Register. International Trade Commission Notification sradovich on DSK3GMQ082PROD with NOTICES In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. 6 See DOC Memorandum: ‘‘Allegation and Analysis of Ministerial Error in the Preliminary Determination,’’ dated concurrently with this memorandum (Ministerial Error Analysis Memorandum). 7 See DOC Memorandum: ‘‘Amended Preliminary Determination Calculation for CELSA,’’ dated concurrently with this memorandum (Amended Calculation Memo). 8 See Preliminary Determination, 82 FR at 50390. VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 57727 Disclosure DEPARTMENT OF COMMERCE We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e). International Trade Administration Dated: December 1, 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 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. [FR Doc. 2017–26401 Filed 12–6–17; 8:45 am] [C–533–880] Polytetrafluoroethylene Resin From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable December 7, 2017. FOR FURTHER INFORMATION CONTACT: Toby Vandall at (202) 482–1664, or Aimee Phelan at (202) 482–0697, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 18, 2017, the Department of Commerce (the Department) initiated a countervailing duty (CVD) investigation of imports of polytetrafluoroethylene resin (PTFE resin) from India.1 Currently, the preliminary determination is due no later than December 22, 2017. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, section 703(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 130 days after the date on which the Department initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) the Department concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. The Department will grant the request unless BILLING CODE 3510–DS–P PO 00000 1 See Polytetrafluoroethylene Resin from India: Initiation of Countervailing Duty Investigation, 82 FR 49592 (October 26, 2017) (Initiation Notice). 2 The petitioner is The Chemours Company FC LLC. Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57726-57727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26401]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-816]


Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: On October 31, 2017, the Department of Commerce (Department) 
published in the Federal Register the preliminary determination of the 
less-than-fair-value investigation of carbon and alloy steel wire rod 
(wire rod) from Spain. The Department is amending its preliminary 
determination to correct a significant ministerial error.

DATES: Applicable December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1979.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, the Department published in the Federal 
Register the Preliminary Determination \1\ of the less-than-fair-value 
investigation of wire rod from Spain. On November 6, 2017, Global Steel 
Wire S.A., CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de 
Laminaci[oacute]n (collectively, CELSA) alleged that the Department 
made a significant ministerial error in the Preliminary 
Determination.\2\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Spain: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, and Preliminary Determination of Critical Circumstances, 
In Part, 82 FR 50390 (October 31, 2017) (Preliminary Determination).
    \2\ See CELSA's November 6, 2017 letter, ``Antidumping Duty 
Investigation of Carbon and Alloy Steel Wire Rod from Spain: 
Significant Ministerial Errors Contained in the Preliminary 
Determination'' (Ministerial Error Allegation).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is wire rod from Spain. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined in 19 CFR 
351.224(g) as a ministerial error, the correction of which, singly or 
in combination with other errors, would result in: (1) A change of at 
least five absolute percentage points in, but not less than 25 percent 
of, the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination; or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. 
Further, 19 CFR 351.224(e) provides that the Department ``will analyze 
any comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.''

Ministerial Error Allegation

    CELSA alleges that the Department double-counted the international 
freight expenses in the calculation of U.S. net prices, increasing the 
amount deducted for international movement costs, and increasing the 
dumping margin. CELSA maintains that correcting this error results in a 
decrease of more than five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin, thereby 
meeting the definition of ``significant'' pursuant to 19 CFR 
351.224(g)(1).\3\ Additionally, CELSA alleges that the Department has 
misclassified direct selling expenses in the United States as indirect 
selling expenses incurred in Spain.
---------------------------------------------------------------------------

    \3\ See Ministerial Error Allegation.
---------------------------------------------------------------------------

    We find that the Department unintentionally included international 
freight expenses twice when adjusting U.S. price for movement expense 
in the margin calculation program.\4\ The Department also 
unintentionally entered a variable used to capture indirect selling 
expenses in Spain in the program calculation for direct selling 
expenses in the United States.\5\ These errors constitute ministerial 
errors

[[Page 57727]]

within the meaning of 19 CFR 351.224(f).\6\ Moreover, correcting these 
ministerial error changes the margin from 20.25 percent to 10.61 
percent, thereby making these errors significant ministerial errors 
within the meaning of 19 CFR 351.224(g)(1).\7\
---------------------------------------------------------------------------

    \4\ See Department Memorandum: ``Preliminary Determination 
Calculation for Global Steel Wire Rod, CELSA Atlantic S.A., and 
Compania Espanola de Laminacion in the Antidumping Duty 
Investigation of Certain Carbon and Alloy Steel Wire Rod from 
Spain,'' dated October 24, 2017, at 8.
    \5\ Id.
    \6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial 
Error in the Preliminary Determination,'' dated concurrently with 
this memorandum (Ministerial Error Analysis Memorandum).
    \7\ See DOC Memorandum: ``Amended Preliminary Determination 
Calculation for CELSA,'' dated concurrently with this memorandum 
(Amended Calculation Memo).
---------------------------------------------------------------------------

Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of ministerial errors made in the margin calculation for 
CELSA. In addition, because the ``All-Others'' rate in the Preliminary 
Determination was based on the estimated weighted-average dumping 
margin calculated for CELSA,\8\ we are, consistent with section 
735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), also 
amending the ``All-Others'' rate. As a result of the correction of the 
ministerial error, the revised weighted-average dumping margins are as 
follows:
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 82 FR at 50390.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Global Steel Wire S.A./CELSA Atlantic S.A./                        10.61
 Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n...
All[dash]Others.........................................           10.61
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) and (f) of 
the Act and 19 CFR 351.224. Because the rates are decreasing from the 
Preliminary Determination, the amended cash deposit rates will be 
effective retroactively to October 31, 2107, the date of publication of 
the Preliminary Determination notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: December 1, 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 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.

[FR Doc. 2017-26401 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P