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this review is rescinded, the Department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